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SHAWSHANK AND CATCH ME IF YOU CAN - Coggle Diagram
SHAWSHANK AND CATCH ME IF YOU CAN
ESCAPE FROM ESTABLISHMENT
Prisoner escapes from establishment
Committed by a prisoner serving sentence by final judgment
What if there's an earthquake in the prison facility and the offender left the establishment? NO CRIMINAL LIABILITY, merely left the establishment on the occasion of a public disorder
IF HE RETURNS, he is entitled to a reduction of 1/5th of his original sentence (special time allowance for loyalty)
IF HE DOESN'T RETURN, he would be forced to serve an extended sentence (remaining term of sentence would be increased by 1/5 but should not exceed 6 months)
LEGAL BASIS: Art. 98 of the RPC, as amended by RA 10592
Assistance to prisoner to escape
If jail warden or guard's negligence leads to the escape = offender will be held liable for evasion thru negligence (223 and 224)
If jail warden or guard assists prisoner to escape = conniving with or consenting to evasion
What if a person who is not in charge of the custody of the prisoner connives or assists in his escape? LIABLE FOR delivering prisoners from jail under art. 156
2 classifications of PDLs (Persons Deprived of Liberty)
detention prisoners
prisoners serving sentence by final judgment
In case of detention prisoner escapes from the facility or is assisted to escape = NO criminal liability
In case of prisoner serving sentence by final judgment escapes from the facility or is assisted to escape = can be be held liable for evasion of sentence (157)
Bigamy (349)
Pulido v People G.R. No. 220149, July 27, 2021 - nullity of 1st marriage could be invoked as a defense in the prosecution for bigamy
FALSIFICATION
Two kinds of falsification: (171)
Committed by public officers or employees (notaries public and ecclesiastical ministers)
committed by private individuals (or by public officers who did not take advantage of his position to falsify the document) (172)
What could be the subject of falsification?
public documents, commercial documents and private documents
If public, official, or commercial document = damage or intent to cause damage is not essential (not an element)
must have taken advantage of his public office or position
if private document = damage or intent to cause damage must be established --if not accused will be entitled to acquittal
Anyone caught in possession of the falsified document or stands to benefit from the falsification is presumed to be the author of the falsification
Falsification by making untruthful statements in a narration of fact
Damage or intent to cause damage is an element (Goma v. People)
must not be a conclusion of law; must be a narration of facts
must be made in a document
Perjury (183)
Almost similar to falsification by making untruthful statements in a narration of fact
given a testimony or affidavit of material matter executed before an competent officer authorized to receive and administer an oath
willful and deliberate assertion of falsehood
affidavit is required by law or submitted for a legal purpose
Affidavit of material matter:
relevant to the purpose as to why the affidavit is executed
Example of competent officer authorized to receive and administer an oath: notaries public , NBI officers, officers of PNP
Choa v. Tiongson or People v. Choa
Examples of affidavit required by law:
PDS, SALN, Naturalization, affidavit-complaint
Lying in court ONLY in special proceedings from Rule 74-109
Ratio: Most cases under such rules are non-adversarial in character
Examples: False statements in a congressional hearing or in quasi-judicial agencies (NLRC or labor arbiter)
Altering true dates
The date must essential to affect the veracity and effects of the date in the document
Use of falsified document - this is another crime
has 2 kinds:
use in a judicial proceeding
use in other transactions
offender must have known that the document is falsified BY ANOTHER PERSON
Possession of counterfeited currency notes (168)
mere possession is not punishable; what makes this a crime IF it can be shown that the possessor has the intent to use the same or is already using the same
False testimony -- if one falsely testifies in court (180, 181, 182)
2 kinds:
in a criminal case
civil case
False testimony in a criminal case has 2 kinds:
In favor of the accused
Against the accused
Hindi kasama yung preliminary investigation or custodial investigation
For a criminal action for false testimony to prosper, it must only be instituted AFTER the accused is convicted or acquitted or case is dismissed -- OTHERWISE, it will be dismissed on the grounds of prematurity (if case is still pending)
Is it necessary that the false testimony be considered by the judge in rendering the judgment? NO. However irrelevant or immaterial the false testimony is, it is inconsequential. What is punished is giving of a false testimony.
IN CIVIL CASES: false testimony must MATERIALLY AFFECT the issue/s presented in such case
UNLIKE IN CRIMINAL where it is inconsequential