CONSIDERACIÓN DE NUEVAS INVERSIONES

Concept: These offenses must be caused in public places or must affect public peace and tranquility but the disturbances are only of minor degree, or not as serious or tumultuous as those under Article 153. The crime alarms and scandal is only one crime. Do not think that alarms and scandals are two crimes. ALARMS - acts which frighten or scare people, causes them to panic or to become nervous and tense. SCANDAL - has no reference to acts of indecency or affecting public morals which are properly the subject of Grave Scandal.

Acts punished

1. Discharging any firearm, rocket or firecracker or other explosive in any town or public place, calculated to cause (which produces) alarm or danger;

 The gun should not be pointed at any person or in the general direction of a person

 It does not matter that the gun was fired within the premises of one‘s house so long as there were people who were disturbed.

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 It is the result, not the intent that counts. Act

must produce alarm or danger as a consequence.

 If a gun is pointed at any person the following are the possible crimes:

(a) Grave threats if the gun is not discharged (not fired)

(bi) Illegal discharge if fired but there is no intent to kill

(c) If with intent to kill and the gun is fired resulting to a harm, it is homicide, frustrated or attempted homicide depending on the actual material injury (d) If fired but with intent merely to injure; it is

slight, less serious, or serious physical injuries

(e) If the pointing or firing is to compel the victim to do something or to prevent him from doing something lawful, it is grave coercion

2. Instigating or taking part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility.

CHARIVARI - means mock serenade or simply making noise from materials, not music, and the purpose is to disturb public peace. It should not be directed to any particular individual else it is unjust vexation.

3. Disturbing the public peace while wandering about at night or while engaged in other nocturnal amusements;

 Even if the persons involved are engaged in nocturnal activity like those playing patintero at night, or selling balut, if they conduct their activity in such a way that disturbs public peace, they may commit the crime of alarms and scandals.

 Examples are:

a). shouting at night even if by a vendor b). holding a party in one‘s house but with

loud music

c). partying or quarreling in the street d). jamming or acting as street musicians

4. Causing any disturbance or scandal in public places while intoxicated or otherwise (which are only slight and not tumultuous) provided Article 153 is not applicable.

.

 This is a catch all phrase.

 Public nuisance is covered by this act.

 As in the case of a drunk walking and bumping passers-by. Or the act of two people fighting each other in the market.

Article 156. Delivering Prisoners from Jail Concept

This is the crime committed by a person who removes/springs a prisoner from jail or helps him escape.

Elements

1. There is a person confined in a jail or penal establishment;

2. Offender removes therefrom such person, or helps the escape of such person.

Committed in 2 Ways:

1. By removing a prisoner confined in jail or penal institution – to take away a person from confinement with or withput the active participation of the person released.

 The act of removal may be by any means, such as substituting him with another, but if the method used is violence, intimidation or bribery, then the offense becomes qualified and the penalty is higher.

2. By helping said person to escape – furnish material means to facilitate escape.

 The prisoner may be a mere detention prisoner or a prisoner by final judgment.

 This article applies even if the prisoner is in the hospital or asylum when he is removed or when the offender helps him escape, because it is considered as an extension of penal institution.  The offender is usually an outsider to the jail

i.e he is not a jail guard. But a jail guard may be liable if he was not then on duty at that time he removed or assisted in the removal of a prisoner form jail.

Vs. Infidelity In The Custody Of Prisoners a. In both acts, the offender may be a public

officer or a private citizen. Do not think that infidelity in the custody of prisoners can only be committed by a public officer and delivering persons from jail can only be committed by private person. Both crimes may be committed by public officers as well as private persons.

b. In both crimes, the person involved may be a convict or a mere detention prisoner.

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c. If the offender is the custodian at that time,

the crime is infidelity in the custody of prisoners. But if the offender is not the custodian of the prisoner at that time, even though he is a public officer, the crime he committed is delivering prisoners from jail.  If three persons are involved – a stranger, the

custodian and the prisoner – three crimes are committed:

(1) Infidelity in the custody of prisoners; (2) Delivery of the prisoner from jail; and (3) Evasion of service of sentence

 What is the liability of the prisoner who escaped? 1. If he is a convict, he is liable for evasion of

service of sentence

2. If a mere detention prisoner, Ortega says he is not liable if he does not know of the plan to remove him from jail but he is liable for delivering prisoners from jail as a principal by indispensable cooperation if such prisoner knows of the plot to remove him from jail and cooperates therein by escaping. But if he himself escaped, some say he does

not incur any liability however if he is later convicted for his crime then he will not be entitled to an Indeterminate Sentence. Personal opinion: he is liable for he delivered himself from jail.

3. If the crime committed by the prisoner for which he is confined or serving sentence is treason, murder, or parricide, the act of taking the place of the prisoner in prison is that of an accessory under Art 19, par 3.

 This felony may also be committed through imprudence or negligence

Qualifying Circumstance:

Penalty of arresto mayor in its maximum period to prision correccional in its minimum period is imposed if violence, intimidation or bribery is used.

Mitigating Circumstance:

Penalty decreased to the minimum period if the escape of the prisoner shall take place outside of said establishments by taking the guards by surprise.

Chapter 6

Evasion of Service of Sentence

EVASION - means to escape or to avoid serving a penalty. Only prisoners who have been sentenced by

final judgment are liable for evasion. The penalty of the accused must be one of imprisonment or destierro. 3 Kinds Of Evasion:

1. Evasion by Escaping under ordinary circumstances (Article 157)

2. Evasion by Escaping on the occasion of a disorder or mutiny ( Art. 158)

3. Evasion by Violation of a Conditional Pardon (Art. 159)

ARTICLE 157. EVASION OF SERVICE OF SENTENCE

In document BASES DE LICITACIÓN PROGRAMA DE CONCESIONES DE INFRAESTRUCTURA HOSPITALARIA HOSPITAL DE MAIPÚ HOSPITAL DE LA FLORIDA (página 132-136)