Dancio, a member of a drug syndicate, was a detention prisoner in the provincial jail of X Province. Brusco, another member of the syndicate, regularly visited Dancio. Edri, the guard in charge who had been receiving gifts from Brusco everytime he visited Dancio, became friendly with him and became relaxed in the inspection of his belongings during his jail visits. In one of Brusco’s visits, he was able to smuggle in a pistol which Dancio used to disarm the guards and destroy the padlock of the main gate of the jail, enabling Dancio to escape. What crime(s) did Dancio, Brusco and Edri commit? Explain. (5%)
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Dancio committed Direct Assault; Edri, Evasion through Negligence and Indirect Bribery; and Brusco, Delivery of Prisoners from Jail and Corruption of Public Officials. Under Articles 148 and 157 RPC, disarming guards is Direct Assault, but evasion of service
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Quick check
Why is Dancio NOT criminally liable for Evasion of Service of Sentence under Article 157 of the RPC?
Evasion of service of sentence under Article 157 RPC applies exclusively to convicts by final judgment.
What crime did Dancio commit when he disarmed the provincial jail guards using a pistol?
Using violence or a weapon to disarm jail guards performing official duties constitutes Direct Assault.
What crime is committed by a jail guard who negligently allows a firearm to be smuggled, enabling a prisoner to escape?
Article 224 of the RPC penalizes public officers who negligently permit the escape of prisoners in their custody.
What crime is committed by a guard who accepts regular gifts from a visitor by reason of his official position?
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What crime is committed by an outsider who smuggles a pistol into jail to aid a detention prisoner's escape?
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1. Evasion of Service
Under Article 157 of the Revised Penal Code, evasion of service of sentence can only be committed by a convict who escapes during the term of his imprisonment under a final judgment. A detention prisoner who has not been convicted by final judgment does not incur criminal liability for evasion of service of sentence when he escapes from jail. However, if the detention prisoner employs force, violence, or intimidation against authority or its agents while escaping, such as disarming jail guards with a firearm, he commits the crime of direct assault under Article 148.
2. Guard Liability
Under Article 224 of the Revised Penal Code, evasion through negligence is committed by a public officer charged with the conveyance or custody of a prisoner who allows such prisoner to escape through definite negligence or laxity in enforcing security regulations. Additionally, under Article 211 of the Revised Penal Code, indirect bribery is committed by a public officer who accepts gifts offered to him by reason of his office. A jail guard who relaxes inspection of visitors, accepts regular gifts, and negligently allows a weapon to be smuggled commits both offenses.
3. Outsider Liability
Under Article 156 of the Revised Penal Code, delivery of prisoners from jail is committed by any person who removes a person confined in a jail or helps him escape by furnishing him with weapons or other means. Furthermore, under Article 212 of the Revised Penal Code, corruption of public officials is committed by any person who offers or gives gifts or presents to a public officer. An outsider who regularly gives gifts to a jail guard and smuggles a firearm into prison to facilitate a prisoner's escape is criminally liable for both crimes.