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CRIMES AGAINST

FUNDAMENTAL LAWS OF
THE STATE
TITLE 2
TITLE 3
TITLE 4

ART. 128
VIOLATION OF DOMICILE

PUNISHABLE ACTS:

1. Entering any dwelling against the will of the owner thereof.


2. Searching papers or other effects found therein without the previous
consent of such owner.
3. Refusing to leave the premises after having surreptitiously entered said
dwelling and after having been required to leave the same.

Common elements

1. Offender is a public officer or employee;


2. He is not authorized by judicial order to enter the dwelling and/ or to
make a search for papers and for other effects.

Aggravating circumstances

Medium and maximum of penalty imposed;

1. Committed at night time


2. If any papers or effects not constituting evidence of a crime are not
returned immediately, after a search is made by the offender.

ART. 129
SEARCH WARRANTS MALICIOUSLY OBTAINED AND
ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED

PUNISHABLE ACTS;

1. Procuring a search warrant without just cause. Elements: a.) that the
offender is a public officer or employee, b.) that he procure a search
warrant, c.) that there is no just cause.
2. Exceeding his authority or by using unnecessary severity in executing a
search warrant legally procured. Elements: a.) that the offender is a
public or employee, b.) that he has legally procured a search warrant, c.)
that he exceeds his authority in executing the same.

Search warrant

It is an order in writing, issued in the name of the People of the


Philippines, signed by a judge and directed to peace officer,
commanding him to search for personal property described therein and
bring it before the court.

Requisites for the issuance of search warrant.

A search warrant shall not issue except upon probable cause in


connection with one specific offense to be determined personally by the
judge after examination under oath or affirmation of the complainant and
the witnesses he may produce, and particularly describing the place to be
searched and the things to be seized which may be anywhere in the
Philippines. ( Sec. 4, Rule 126, Revised Rules of Criminal Procedure).

ART. 130
Searching domicile without witnesses

Elements:

1. Offender is a public officer or employee.


2. He is armed with search warrant legally procured.
3. He searches the domicile, papers or other belongings of any person.
4. Owner or any member of his family, or two witnesses residing in the
same locality are not present.

Persons who may be witnesses during


a search (in order of preference)
1. Homeowner
2. Members of the family of sufficient age and discretion
3. Responsible members of the community

But there is no crime of search


without search warrant

Galvante vs. Casamiro, et al, 552 SCRA 304, April 22, 2008)

ART. 131
Prohibition, Interruption and dissolution of peaceful
meetings.

Punishable Acts;

1. Prohibiting or interrupting, without legal ground, the holding of a


peaceful meeting, or by dissolving the same.
2. Hindering any person from joining any lawful association or from
attending any of its meetings.
3. Prohibiting or hindering any person from addressing, either alone or
together with others, any petition to the authorities for correction of
abuse or redress of grievance.

Elements;

a. Offender is a public officer or employee.


b. He performs any of the following acts;
1. Prohibiting or interrupting, without legal ground the holding of a
peaceful meeting, or dissolving the same.
2. Hindering any person from joining any lawful association or from
attending any of its meetings.

Bayan et al vs. Ermita


April 25, 2006

As a Rule Permit is required

However, no permit is required if the public assembly shall be done or


made in a freedom park duly established by law or ordinance or in private
property, in which case only the consent of the owner or the one entitled to
its legal possession is required, or in the campus of a government- owned
and operated educational institution which shall be subject to the rules and
regulations of said educational institution.

ART. 132
Interruption of religious worship

Elements

1. Offender is a public officer or employee


2. Religious ceremonies or manifestations of any religion are about to take
place or are going on, and
3. Offender prevents or disturbs the same.

Special qualifying aggravating


circumstances
a. If committed with violence, or
b. threats

ART. 133
Offending religious feelings

Elements

1. That the acts complained of were performed, a.) in a place devoted to


religious worship, not necessarily during a religious worship, or, b.)
during the celebration of any religious ceremony, not necessarily in he
place of worship.
2. That the acts must be notoriously offensive to the feelings of the
faithful.

If in a place devoted to religious purpose, there is no need for an


ongoing religious ceremony.

Acts must be directed against religious practice or dogma or ritual for


the purpose of ridicule, as mocking or scoffing or attempting to damage
an object of religious veneration.

There must be deliberate intent to hurt the feelings of the faithful, mere
arrogance or rudeness is not enough.