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TITLE TWO: CRIMES AGAINST THE FUNDAMENTAL LAWS OF has escaped while being transferred from one

THE STATE (124-133) confinement to another.


Probable cause- facts and circumstances which
They violate certain provisions of the Bill of Rights
could lead a reasonable discreet and prudent
1. Arbitrary detention man to believe that an offense has been
2. Delay in the delivery of detained person to proper committed and that the object sought in
judicial authorities connection with the offense are in the place
3. Delay in release sought to be searched.
-Violate Sec. 1, right to life, liberty and property
4. Expulsion II. Delay in the delivery of detained person to proper
-violate Sec. 6, right to abode and travel judicial authorities (Art. 125)
5. Violation of domicile A. Elements:
6. Search warrants maliciously obtained and abuse in 1. That the offender is a public officer or
the service of those legally obtained employee;
7. Searching domicile without witnesses 2. That he has detained a person for some
-Violate Sec 2, right to be secure in their person, legal ground;
houses, papers and effects against unreasonable 3. That he fails to deliver such person to the
searches and seizures proper judicial authorities within:
8. Prohibition, interruption or dissolution of peaceful a. 12 hours for crimes or offenses
meetings punishable by light penalties or their
-Violate Sec. 4, right of speech and to peaceably equivalent;
assemble b. 18 hours for crimes or offenses
9. Interruption of religious worship punishable by correctional penalties or
10. Offending religious feelings their equivalent;
-Violate Sec. 5, religious freedom c. 36 hours for crimes or offenses
punishable by afflictive or capital
I. Arbitrary Detention (Art. 124) penalties or their equivalent.
A. Elements:
NB:
1. That the offender is a public officer or
employee. o if the offender is a private person the crime
2. That he detains a person. is illegal detention.
3. That the detention is without legal grounds. o Article 125 does not apply when the arrest is by
B. Detention- actual confinement of a person in an virtue of a warrant of arrest.
enclosure, or in any manner detaining and depriving o The “delivery” does not consist in physical delivery
him of his liberty. but in making an accusation or charge or filing of an
C. Legal grounds for the detention of any party information against the person arrested with the
1. The commission of a crime. corresponding court or judge.
2. Violent insanity or any other ailment requiring o “Judicial authorities”- courts of justices or judges of
the compulsory confinement of the patient in a the said courts vested with judicial power to order
hospital. the temporary detention or confinement of a
D. Arrest without warrant is the usual cause of arbitrary person charged.
detention. Arrest without warrant – When LAWFUL o Waiver of the provisions of Art. 125, in lieu for a
1. When, in his presence, the person to be preliminary investigation, notwithstanding, he may
arrested is actually committing, or is attempting apply for bail and the investigation must be
to commit an offense; terminated within 15 days from its inception (Sec. 7,
2. When an offense has in fact just been par. 2, Rule 112, R.R.C.P.)
committed, and he has probable cause to o Arbitrary detention under Art. 124, detention is
believe based on personal knowledge of facts illegal from the beginning; arbitrary detention under
and circumstances that the person to be Art. 125, detention is legal in the beginning but
arrested has committed it; illegality of the detention starts from the expiration
3. When the person to be arrested is a prisoner of any periods of time specified in Art. 125, without
who has escaped from a penal establishment, or
the detained prisoner having been delivered as Only the court by a final judgement can
required. order a person to change his residence

B. Rights of the person detained V. Violation of Domicile (Article 128)


1. Be informed of the cause of his detention. A. Acts punishable
2. Be allowed, upon his request, to 1. By entering any dwelling against the will of
communicate and confer at anytime with the owner thereof;
his attorney or counsel. 2. By searching papers or other effects found
C. Detention under R.A. No. 9372- persons therein without the previous consent of
charged or suspected of the crime of terrorism such owner;
or crime of conspiracy to commit terrorism shall 3. By refusing to leave the premises, after
be delivered within three (3) days from the having surreptitiously entered said dwelling
moment he was apprehended or arrested and having been required to leave the
o A judge must be notified before a suspected same.
terrorist is detained B. Elements Common to the three acts
1. That the offender is a public officer or
III. Delaying Release (Article 126) employee
A. Acts punishable under Art. 126 2. That he is not authorized by judicial order
1. By delaying the performance of a judicial or NB:
executive order for the release of a prisoner o If the offender is a private individual- the
2. By unduly delaying the service of the notice crime is trespass to dwelling
of such order to said prisoner o A public officer or employee is authorized
3. By unduly delaying the proceedings upon when he is armed with a search warrant
any petition for the liberation of such duly issued by the court
person. o Against the will of the owner- presupposes
B. Elements opposition or prohibition, whether
1. That the offender is a public officer’ expressed or implied, not the same as
2. That there is judicial or executive order for “without the consent”
the release of a prisoner or detention C. Circumstances qualifying the offense
prisoner, or that there is a proceeding upon 1. If the offense is committed at nighttime
a petition for the liberation for such person 2. If any papers or effects not constituting
3. That the offender without good reason evidence of a crime are not returned
delays: 1) the performance of the judicial or immediately after the search made by the
executive order for the release of the offender.
prisoner, 2)the service of the notice of such VI. Search Warrants Maliciously Obtained, and Abuse
order to the prisoner, 3) the proceeding in the Service of those Legally Obtained (Article
upon a petition for the liberation of such 129)
prisoner. A. Acts punishable
IV. Expulsion (Article 127) 1. By procuring a search warrant without just
A. Acts punishable cause
1. By expelling a person from the Philippines 2. By exceeding his authority or by using
2. By compelling a person to change his unnecessary severity in executing a search
residence. warrant legally procured.
B. Elements B. Elements of procuring a search warrant without
1. That the offender is a public officer. just cause
2. That he expels any person from the 1. That the offender is a public officer or
Philippines, or compels a person to change employee
his residence. 2. That he procures a search warrant
3. That the offender is not authorized to do so 3. That there is no just cause.
by law.
o Search warrant- an order signed by a judged
directed to a peace officer commanding him to
search for personal property described therein others, any petition to the authorities for
and bring it before the court. Valid only for 10 the correction of abuses or redress of
days from its date. grievances.
C. Personal property to be seized B. Elements Common to the three
1. Subject of the offense 1. That the offender is a public officer or
2. Stolen or embezzled and other proceeds or employee
fruits of the offense 2. That he performs any of the acts mentioned
3. Used or intended to be used as the means above.
committing an offense. o If the offender is a private individual, the
o Search and seizure without warrant as an incident crime is disturbance of public order.
to a lawful arrest is legal. o Right to peaceful meeting is not absolute- it
o Peace officer may enter the house of an offender may be regulated in order that it may not be
who committed an offense in their presence. injurious to the equal enjoyment of others
o Search and seizure of vessels and aircrafts having equal rights, nor injurious to the right
without a search warrant for violations of the of the community or society.
custom laws is legal. o When the meeting is not peaceful, there is
D. Elements of exceeding authority legal ground for prohibiting it.
1. That the offender is a public officer or o The offender must be a stranger, not a
employee participant in a peaceful meeting
2. That a search warrant has been legally IX. Interruption of religious worship (Article 132)
procured A. Elements
3. That he exceeds his authority or uses 1. That the offender is a public officer or
unnecessary severity in executing the employee
same. 2. That the religious ceremonies or
VII. Searching Domicile without Witnesses (Article 130) manifestations of any religion are about to
A. Elements take place or are going on.
1. That the offender is a public officer or 3. That the offender prevents or disturbs the
employee same.
2. That he is armed with a search warrant B. Circumstances qualifying the offense- violence
legally procured or threats
3. That he searches the domicile, papers or X. Offending the religious feelings (Article 133)
other belongings of any person. A. Elements
4. That the owner, or any member of his 1. That the acts complained of were
family, or two witnesses residing in the performed (1) in a place devoted to
same locality are not present. religious worship or (2) during the
o Does not apply to searches of vehicles or other celebration of any religious ceremony.
means of transportation because the searches are 2. That the acts must be notoriously offensive
not made in the dwelling. to the feelings of the faithful.
o Search without warrant under the Tariff and o Religious ceremonies- religious acts performed
Customs Code does not include a dwelling house. outside of a church (ex: processions and special
prayers for burying dead persons)
VIII. Prohibition, interruption, and dissolution of o Acts notoriously offensive- acts must be directed
peaceful meetings (Article 131) against practice or dogma or ritual for the purpose
A. Acts punishable of ridicule or attempting to damage an object of
1. By prohibiting or by interrupting, without religious veneration.
legal ground, the holding of a peaceful o There must be deliberate intent to hurt the feelings
meeting or by dissolving the same. of the faithful.
2. By hindering any person from joining any o Offense to feelings is judged from complainant’s
lawful association or from attending any of point of view.
its meetings
3. By prohibiting or hindering any person from
addressing, either alone or together with

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