@@FiscalEJ sir pwede po ba yung Hospital or asylums kasi nabasa ko rin sa article 156 ay it may be considered as an extension of jail or prison in which the prisoner was confined.
@@emelyn7536 yes po, for the purpose of article 156. If the escape takes place outside of the penal establishments by taking d guards by surprise like in a hospital or asylum where the prisoner is temporarily confined, the crime is still deemed to have been committed.
Hi Atty. Naa unta koy questions ba. Number 1. What is the crime committed by a detention prisoner who escape from a confinement WITHOUT the help or assistance of another person? And number 2. What is the crime committed by the person, who RECEIVED the bribe, or was INTIMIDATED or suffered VIOLENCE in the hands of the ONE assisting the escape of a prisoner? Thank you daan in advance Fiscal.
1. A detention prisoner who escapes from his detention cell without the help or assistance of anybody is not criminally liable. Reason: There is no provision of law punishing a detention prisoner who escapes. Only a convict who is serving sentence by final judgment is liable for evasion of service of sentence under Article 157. 2. It depends. If the person who received the "bribe" is a mere outsider who helped in the escape of the prisoner, meaning he is not a public employee or a public officer who has custody of the prisoner, then he is not criminally liable for the crime of direct bribery (Article 210). He will only be liable for the crime delivering prisoners from jail under Article156. If the person who received the bribe is an employee of a penal establishment who does not have the custody of the prisoner, then he is not liable for direct bribery because the act which he agreed to do does not relate to the performance of his official functions. He will only be liable for delivering prisoners from jail. If the person who received the bribe is an employee of a penal establishment who, at the time of the escape, has custody of the prisoner (like a jail guard), then he is liable for direct bribery because the act which he agreed to do relates to the performance of his official functions. Thus, he will be liable for two crimes: one for direct bribery under Article 210 and one for infidelity in the custody of prisoners under Article 223. He cannot be liable for delivering prisoners from jail because the article applies only to persons who do not have custody of the prisoner at the time of escape. 3. The person who was intimidated or suffered violence in the hands of the person who assisted in the escape of the prisoner has no criminal liability.
Sir pano kung yung detention prisoner alam nyang itatakas sya tapos naki pag cooperate sya sa offender liable po ba yung detention prisoner sa delivering prisoners from jail as principal by indispensable cooperation? Pasagot po sir maraming salamat po
May tanong po ako atty. Ano ulit yung detention prisoner(sila ba yung taong nakakulong habang nililitis yung kaso nila.) Hindi ba sila sineseparate sa mga taong nagkasala at napatunayang guilty?
Naka separate b yung kulunagn ng detention prisoner tas yung prisoner convicted by final judgement
Sir, can I ask a questions? What is penal establishments? And example of penal establishment
Ang ibig sabihin po ng penal establishment ay kulungan para sa mga taong nahatulan dahil sa paggawa po ng krimen.
@@FiscalEJ sir pwede po ba yung Hospital or asylums kasi nabasa ko rin sa article 156 ay it may be considered as an extension of jail or prison in which the prisoner was confined.
@@emelyn7536 yes po, for the purpose of article 156. If the escape takes place outside of the penal establishments by taking d guards by surprise like in a hospital or asylum where the prisoner is temporarily confined, the crime is still deemed to have been committed.
@@FiscalEJ thank you po Atty.
Hi Atty. Naa unta koy questions ba. Number 1. What is the crime committed by a detention prisoner who escape from a confinement WITHOUT the help or assistance of another person? And number 2. What is the crime committed by the person, who RECEIVED the bribe, or was INTIMIDATED or suffered VIOLENCE in the hands of the ONE assisting the escape of a prisoner? Thank you daan in advance Fiscal.
1. A detention prisoner who escapes from his detention cell without the help or assistance of anybody is not criminally liable. Reason: There is no provision of law punishing a detention prisoner who escapes. Only a convict who is serving sentence by final judgment is liable for evasion of service of sentence under Article 157.
2. It depends.
If the person who received the "bribe" is a mere outsider who helped in the escape of the prisoner, meaning he is not a public employee or a public officer who has custody of the prisoner, then he is not criminally liable for the crime of direct bribery (Article 210). He will only be liable for the crime delivering prisoners from jail under Article156.
If the person who received the bribe is an employee of a penal establishment who does not have the custody of the prisoner, then he is not liable for direct bribery because the act which he agreed to do does not relate to the performance of his official functions. He will only be liable for delivering prisoners from jail.
If the person who received the bribe is an employee of a penal establishment who, at the time of the escape, has custody of the prisoner (like a jail guard), then he is liable for direct bribery because the act which he agreed to do relates to the performance of his official functions. Thus, he will be liable for two crimes: one for direct bribery under Article 210 and one for infidelity in the custody of prisoners under Article 223. He cannot be liable for delivering prisoners from jail because the article applies only to persons who do not have custody of the prisoner at the time of escape.
3. The person who was intimidated or suffered violence in the hands of the person who assisted in the escape of the prisoner has no criminal liability.
@@FiscalEJ salamat ani Fiscal. I noted your answers in the book that I'm using. God bless po.
Sir pano kung yung detention prisoner alam nyang itatakas sya tapos naki pag cooperate sya sa offender liable po ba yung detention prisoner sa delivering prisoners from jail as principal by indispensable cooperation? Pasagot po sir maraming salamat po
You mean yung isa sa mga detention prisoner tumulong sa pag escape ng other prisoner?
May tanong po ako atty. Ano ulit yung detention prisoner(sila ba yung taong nakakulong habang nililitis yung kaso nila.)
Hindi ba sila sineseparate sa mga taong nagkasala at napatunayang guilty?