Philippine Bar review · Question

Practice question: Obstruction of Justice (PD 1829)

Multiple Choice Hard

Practice question

A landlord knows that his tenant committed an offense and deliberately conceals him in a locked outbuilding to prevent arrest, prosecution and conviction. He argues that obstruction cannot exist before the tenant has been convicted. Which is correct?
  1. A prior conviction is always required before harboring can violate section 1(c)
  2. The specified knowledge and concealment to prevent arrest, prosecution and conviction can satisfy section 1(c) without a prior conviction
  3. Every landlord is automatically liable for every tenant’s offense
  4. Concealment is lawful if the outbuilding is privately owned
  5. The offense requires the landlord himself to have committed the tenant’s original crime

Legal references

  • https://lawphil.net/statutes/presdecs/pd1981/pd_1829_1981.html — PD 1829, sections 1(a)–(i) and 2, knowing or willful obstruction through enumerated acts and public-official disqualification.

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