Practice question
A public employee maliciously places an unlicensed firearm among an innocent person’s effects to falsely implicate that person in a violation of RA 10591. The employee argues that section 38 requires an actual shot or a genuine possession offense by the innocent person. Which is correct?
- The planting offense requires the innocent person first to fire the gun
- Only a private person may be liable for planting
- The employee’s stated malicious planting to incriminate the innocent person falls within section 38, whose public-officer provision imposes reclusion perpetua
- The planted firearm establishes the innocent person’s guilt conclusively
- The offense exists only if the employee owns the innocent person’s home
Legal references
- https://lawphil.net/statutes/repacts/ra2013/ra_10591_2013.html — RA 10591, section 3(v), (w) and (y), and sections 28–31, 38, 40–41, definitions and relevant firearm offenses.
Answer this question in flashcards to review your response and continue practicing.