Filthy, a very rich businessman, convinced Loko, a clerk of court, to issue an order of release for Takas, Filthy’s cousin, who was in jail for a drug charge. After receiving P500,000.00, Loko forged the signature of the judge on the order of release and accompanied Filthyto the detention center. At the jail, Loko gave the guard P10,000.00 to open the gate and let Takas out.
What crime or crimes did Filthy, Loko, and the guard commit? (4%)
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Filthy, Loko, and the guard committed multiple distinct felonies in executing the illegal release. Under the RPC, Delivery of Prisoners from Jail is committed by assisting a prisoner's escape. Corruption of Public Officials
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Quick check
What crime is committed by a private individual who assists a detained prisoner to escape by bribing the jail guard?
Assisting a detainee to escape by bribery constitutes delivery of prisoners from jail under Article 156 RPC.
What crime is committed by a clerk of court who accepts P500,000.00 to forge a judge's signature on a release order?
Accepting a monetary bribe to commit an unlawful act like forging an official document constitutes direct bribery and falsification.
What crime does a jail guard commit when he accepts a bribe to open the detention gate and release a prisoner?
A jail custodian who accepts a bribe to allow a prisoner's escape commits direct bribery and infidelity in custody.
What crime is committed by a businessman who gives P500,000.00 to a clerk of court to secure an illegal release order?
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Under Article 223 of the Revised Penal Code, who can be held liable for Infidelity in the Custody of Prisoners?
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1. Delivery of Prisoners
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 penal establishment or helps him escape by means of violence, intimidation, bribery, or any other means. This felony applies to private individuals and public officers who do not have official custody of the prisoner. When a private businessman and a clerk of court bribe a jail officer and present a forged release order to free a detainee, they commit delivery of prisoners from jail as co-principals by indispensable cooperation.
2. Bribery and Corruption
Under Article 210 of the Revised Penal Code, direct bribery is committed by a public officer who accepts an offer, promise, or gift to perform an act constituting a crime or an unjust act connected with official duties. Under Article 212 of the code, corruption of public officials penalizes any person who offers or gives gifts or promises to a public officer. A clerk of court and a jail guard who accept monetary bribes to execute an illegal prisoner release commit direct bribery, while the businessman who provides the bribe money commits corruption of public officials.
3. Infidelity in Custody
Under Article 223 of the Revised Penal Code, connivance in the escape of a prisoner constitutes infidelity in the custody of prisoners, committed by any public officer who consents to the escape of a prisoner under his custody or charge. A jail guard who accepts a bribe to unlock the detention gate and permit a prisoner to escape commits infidelity in custody. Additionally, forging a judge's official signature on a release order constitutes falsification of a public document under Article 171 of the Revised Penal Code.