02c Clj4 Wk3 Development of The Lesson

02C-CLJ4-WK3 DEVELOPMENT OF THE LESSON
CRIMES AGAINST FUNDAMENTAL LAW OF THE STATE
What are the crimes against the fundamental law of the State?
1. Arbitrary detention. (Art. 124)
2. Delay in the delivery of detained persons to the proper judicial authorities. (Art. 125)
3. Delaying release. (Art. 126)
4. Expulsion. (Art. 127)
5. Violation of domicile (Art. 128)
6. Search warrants maliciously obtained and abuse in the service of those legally
obtained. (Art. 129)
7. Searching domicile without witnesses. (Art. 130)
8. Prohibition, interruption, and dissolution of peaceful meetings. (Art. 131)
9. Interruption of religious worship. (Art. 132)
10. Offending the religious feelings (Art. 133)
Article 124. ARBITRARY DETENTION

 Any public officer or employee who, without legal grounds, detains a person, shall suffer:
1. The penalty of arresto mayor in its maximum period to prision correccional in its
minimum period, if the detention has not exceeded three (3) days;
2. The penalty of prision correccional in its medium and maximum periods, if the
detention has continued more than three (3) but not more than fifteen (15) days;
3. The penalty of prision mayor, if the detention has continued for more than fifteen days
but not more than six (6) months; and
4. That of reclusion temporal, if the detention shall have exceeded six (6) months;
The Elements of the crime are:
(1) That the offender is a public officer or employee;
(2) That the offender detains a person;
(3) That the detention is without legal grounds. (U.S. v. Braganza, et al., 10 Phil. 79; Milo v.
Salonga, 152 SCRA 113; Astorga v. People, G.R. No. 154130, October 1, 2003)
The offender in arbitrary detention is a public officer or employee.
 The public officers liable for arbitrary detention must be vested with authority to detain or
order the detention of persons accused of a crime, but when they detain a person, they
have no legal grounds therefor.
The legal grounds for detention of any person are:

(1) the commission of a crime;
(2) violent insanity or other ailment requiring the compulsory confinement of a patient in a
hospital.
NOTES. - There can be no arbitrary detention without confinement or restraint of person. A
public functionary who, except by reason of a crime, detains a person without authority of law
or general regulations in force in the Philippines, is guilty of arbitrary detention (US v. Braganza,
et al., 10 Phil. 79).
Article 125. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER

JUDICIAL AUTHORITIES
 The penalties provided in the next preceding article shall be imposed upon the public
officer or employee who shall detain any person for some legal ground and shall fail to
deliver such person to the proper judicial authorities within the period of:
- twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent;
- eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their
equivalent;
- and thirty-six (36) hours, for crimes or offenses punishable by affictive or capital
penalties, or their equivalent.
 In every case, the person detained shall be informed of the cause of his detention and
shall be allowed, upon his request, to communicate and confer at any time with his
attorney or counsel. (As amended by E.0. No. 272)
The elements of the crime are thus:
(2) That he detains a person for some legal ground;
(3) That he fails to deliver such person to the proper judicial authorities within the period of -
(a) twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent;
(b) eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their
equivalent; and (c) thirty-six (36) hours, for crimes or offenses punishable by afflictive or
capital penalties, or their equivalent.
NOTES. - Judicial authorities refer to the Supreme Court and such inferior courts as may be
established by law. A fiscal or public prosecutor is not considered a judicial authority under
Article 125. (See Gayo v Chief of Police, 80 Phil. 859)
Article 127. EXPULSION

 The penalty of prision correccional shall be imposed upon any public officer or employee
who, not being thereunto authorized by law, shall expel any person from the Philippine
Islands or shall compel such person to change his residence.
Two acts are punishable under Article 217:
1. By expelling a person from the Philippines
2. By compelling a person to change his residence
The elements of expulsion are:
(2) That he either - (a) expels any person from the Philippines or (b) compels such person to
change his residence;
(3) That the offender is not authorized to do so under law.
“Not being thereunto authorized by law.”
 Only the court by a final judgement can order a person to change his residence. This is
illustrated in ejectment proceedings, expropriation proceedings and in the penalty of
destierro.
Article 128. VIOLATION OF DOMICILE

What are the crimes known as violation of domicile?
 The penalty of prision correccional in its minimum period shall be imposed upon any public
officer or employee who, not being authorized by judicial order, shall enter any dwelling
against the will of the owner thereof, search papers or other effects found therein without
the previous consent of such owner, or, having surreptitiously entered said dwelling, and
being required to leave the premises, shall refuse to do so. If the offense be committed in
the nighttime, or if any papers or effects not constituting evidence of a crime be not
returned immediately after the search made by the offender the penalty shall be prision
correccional in its medium and maximum periods.
Acts punished under Article 128 are:
(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; or
(3) Refusing to leave the premises, after having surreptitiously entered said dwelling, and
after having been required to leave the same.
The common elements of the foregoing acts are:

(2) That he is not authorized by judicial order to enter the dwelling or to make a search
therein for papers or other effects.
Article 129. SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE
SERVICE OF THOSE LEGALLY OBTAINED
 In addition to the liability attaching to the offender for the commission of any other offense,
the penalty of arresto mayor in its maximum period to prision correccional in its minimum
period and a fine not exceeding 1,000 pesos shall be imposed upon any public officer or
employee who shall procure a search warrant without just cause, or, having legally
procured the same, shall exceed his authority or use unnecessary severity in executing
the same.
The acts punished under Article 129 and their respective elements are:
1. Procuring a search warrant without just cause:
(a) That the offender is a public officer or employee;
(b) That he procures a search warrant;
(c) That there is no just cause.
2. Exceeding authority or using unnecessary severity in executing a search warrant legally
procured:
(a) That the offender is a public officer or employee;
(b) That he has legally procured a search warrant;
(c) That he exceeds his authority or uses unnecessary severity in executing the same.
Search Warrant Defined

 A search warrant is an order in writing issued in the name of the People of the Philippines,
signed by a judge and directed to a peace officer, commanding him to search for personal
property described therein and bring it before the court. (Sec. 1, Rule 126, Revised Rules
of Criminal Procedure)
Personal Property to be Seized

 A search warrant may be issued for the search and seizure of the following personal
property:
Subject of the offense;
(a) Stolen or embezzled and other proceeds or fruits of the offense; or
(b) Used or intended to be used as the means of committing an offense. (Sec. 3, Rule 126,
Revised Rules of Criminal Procedure)
Validity of Search Warrant

 A search warrant shall be valid for ten days from its date. Thereafter, it shall be void. (Sec.
10, Rule 126, Revised Rules of Criminal Procedure)
Probable Cause Defined

 Probable cause for a search warrant is defined as such facts and circumstances which
would lead a reasonably discreet and prudent man to believe that an offense has been
committed and that the object sought in connection with the offense are in the place
sought to be searched. (Burgos v. Chief of Staff, 133 SCRA 800)

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02C-CLJ4-WK3 DEVELOPMENT OF THE LESSON

CRIMES AGAINST FUNDAMENTAL LAW OF THE STATE

Article 124. ARBITRARY DETENTION

The legal grounds for detention of any person are:

Article 125. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER

Article 127. EXPULSION

Article 128. VIOLATION OF DOMICILE

The common elements of the foregoing acts are:

Search Warrant Defined

Personal Property to be Seized

Validity of Search Warrant

Probable Cause Defined

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