CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE

Art Crime Provision Elements Offenders N.B.

124 Arbitrary Detention Any public officer or employee 1. Offender is a public Public officer or Arbitrary detention may be
who, without legal grounds, officer or employee; employee vested with committed through
detains a person, shall suffer: 2. He Detained a person; authority to detain or imprudence.
1. The penalty of AM in its max 3. Detention is without order detention of person
to PC in its min., if the legal ground. accused.
detention has exceeded 3 days;
2. PC in its med. And max Legal ground:
periods, if detention has a. upon commission of a
continued more than 3 but not crime;
more than 15 days; b. violent insanity;
3. PM, if the detention has c. any other ailment
continued for more than 15 requiring compulsory
days but not more than 6 confinement of the patient
months; and in a hospital
4. RT if detention exceeded 6
months.
The commission of a crime, or
violent insanity or any other
ailment requiring compulsory
confinement of the patient in a
hospital, shall be considered
legal grounds for the detention
of any person.
125 Delay in the The penalties provided in the 1. Offender is a Public Public officer or Delivery also means
delivery of detained next preceding articles shall be officer or employee; employee vested with constructive delivery.
persons in the imposed upon the public officer 2. He detains a person for authority to detain or Purpose is to determine
proper judicial or employee who shall detain some legal ground (include order detention of person whether offense is bailable
authorities any person for some legal valid warrantless arrests); accused. or not.
ground and shall fail to deliver 3. He fails to deliver such When a judge is not
such person to the proper person to the proper available, duty bound to
judicial authorities within the judicial authorities within: release if the period of det
period of: 12 hours, for crimes a. 12 hours for light expired
or offenses punishable by light penalties;
penalties, or their equivalent; b. 18 hours for EXN: Charged or suspected
18 hours, for crimes or offenses correctional; of terrorism: 14 days
punishable by correctional c. 36 hours for afflictive or extendable by 10 calendar
 CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE
Art Crime Provision Elements Offenders N.B.
penalties, or their equivalent; capital penalties days.
and 36 hour, for crimes or
offenses punishable by Waiver: before the
afflictive or capital penalties or complaint or information is
their equivalent filed, the person arrested
may ask for PI in
accordance with R122 ROC,
but must sign a waiver of
the provision of Article 125,
RPC in the presence of his
counsel.
126 Delaying release The penalties provided for in 1. Offender is a Public Public officer or
Article 124 shall be imposed officer or employee; employee vested with
upon any public officer or 2. Offender without good authority to detain or
employee who delays for the reason Delays the: order detention of person
period of time specified therein a. Service of the notice of accused.
in the performance of any the judicial or executive
judicial or executive order for order for the release of the
the release of a prisoner or prisoner or detention
detention prisoner, or unduly prisoner;
delays the service of the notice b. Performance of such
of such order to said prisoner judicial or executive order
or the proceedings upon any for the release of the
petition for the liberation of prisoner or detention
such prisoner. prisoner; or
c. Proceedings upon a
petition for the release of
such person
127 Expulsion The penalty of PC shall be 1. Offender is a Public Public officer or Only a court by final
imposed upon any public officer or employee; employee vested with judgement can compel a
officer or employee who, not 2. He either: authority to detain or person to legally change his
being thereunto authorized by a. Expels any person from order detention of person residence.
law, shall expel any person the PH; or accused. The city mayor of Manila
from the PH or shall compel b. Compels a person to committed the crime of
such person to change his change residence; expulsion when he ordered
residence. 3. Offender is NOT certain prostitutes to be
 CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE
Art Crime Provision Elements Offenders N.B.
authorized to do so by law. transferred to Davao
WITHOUT observing due
process since they have not
been charged with any
crime.
128 Violation of The penalty of PC in its min 1. Offender is a public Public officer or Qualifying Circumstances:
Domicile period shall be imposed upon officer or employee; employee 1. Nighttime;
any public officer or employee, 2. He is not authorized by 2. Papers or effects not
who, not being authorized by judicial order; constituting evidence of a
judicial order, shall enter any 3. He performed the crime are NOT returned
dwelling against the will of the following acts: immediately after the
owner thereof, search papers, a. Entered the dwelling search.
or other effects found therein against the will of the Mode a: dwelling –
without the previous consent of owner; exclusively used for rest
such owner, or, having b. Searched for papers or and comfort;
surreptitiously entered said other effects therein Against the will – opposition
dwelling, and being required to without the previous or prohibition, express or
leave the premises, shall refuse consent of such owner; or implied, not merely absence
to do so. c. Refused to leave the of consent;
If the offense be committed in premises after having Mode b: purpose of finding
the nighttime, or if any papers surreptitiously entered evidence; silence may show
or effects not constituting such dwelling and having implied waiver.
evidence of a crime be not been required to leave the Mode c: refusal of the
returned immediately after the same. offender to leave when
search made by the offender, required to do so, not the
the penalty shall be PC in its entrance to dwelling that
med and max periods. constitutes the crime
129 Search warrants In addition to the liability Mode 1: Procuring Search Offender is a public True test of lack of just
maliciously attaching to the offender for Warrant without Just officer or employee cause – affidavit filed in
obtained and abuse the commission of any other Cause: support of application for
in the service of offense, the penalty of AM in its 1. Offender is a public search warrant may perjury
those legally max period to PC in its min. officer or employee; be charged.
obtained period and a fine not exceeding 2. He procures a Search
200k shall be imposed upon warrant; Exceeding authority –
any public officer or employee 3. There is no just Cause. seizing property without
who shall procure a search warrant or executing
 CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE
Art Crime Provision Elements Offenders N.B.
warrant without just cause or, Mode 2: Exceeding warrant during nighttime
having legally procured the Authority or Using without express permission
same, shall exceed his Unnecessary Severity in from court.
authority, or use unnecessary the Execution:
severity in executing the same. 1. Offender is a public Unnecessary Severity – use
officer or employee; of force to cause undue
2. He has already legally damage to property.
procured a Search
warrant;
3. He Exceeds his
authority or uses
unnecessary severity in
executing the same.
130 Searching domicile The penalty of AM in its med 1. Offender is a public Offender is a public Witnesses – must be of
without witnesses and max periods shall be officer or employee; officer or employee; sufficient age and discretion
imposed upon a public officer 2. Armed with search residing within the same
or employee who, in cases warrant legally procured; locality.
where a search is proper, shall 3. Searches the domicile,
search the domicile, papers, or papers or other belongings Two witnesses be resorted
other belongings of any person of any person; to only in the absence of
in the absence of the latter, any 4. Owner, any members of lawful occupants or
member of his family, or in his family or two witnesses members of the family.
their default, without the residing in the same
presence of two witnesses locality are not present.
residing in the same locality.
131 Prohibition, The penalty of PC in its min 1. Offender is a public Offender is a public Interrupting and dissolving
interruption of period shall be imposed upon officer or employee; officer or employee; the meeting of a municipal
peaceful meetings any public officer or employee 2. He Performs any of the council by a public officer is
who, without legal ground, ff acts: a crime against a legislative
shall prohibit or interrupt the a. Prohibiting, body, which is a violation of
holding of a peaceful meeting, interrupting, or dissolving, Sec. 1 of Act No. 1755.
or shall dissolve the same. without legal ground, the
The penalty shall be imposed holding of a peaceful
upon any public officer or meeting;
employee who shall hinder any b. Hindering any person
person from joining any lawful from:
 CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE
Art Crime Provision Elements Offenders N.B.
association or from attending i. Joining any lawful
any of its meetings. association; or
The penalty shall be imposed ii. Attending any of its
upon any public officer or meetings
employee who shall prohibit or c. Prohibiting or hindering
hinder any person from any person from
addressing, either alone or Addressing, either alone or
together with others, any together with others, any
petition to the authorities for petition to the authorities
the correction of abuses or for the:
redress of grievances. i. Correction of abuses;
ii. Redress of grievances
132 Interruption of The penalty of PC in its min 1. Offender is a public Offender is a public Qualifying Circumstance:
religious worship period shall be imposed upon officer or employee; officer or employee; If crime is committed with
any public officer or employee 2. Religious ceremonies or violence or threats.
who shall prevent or disturb manifestations of any
the ceremonies or religion are about to take Actual religious ceremony
manifestations of any religion. place or are going on; must be conducted.
If the crime shall have been 3. Offender prevents or If the offense was
committed with violence or disturbs the same. committed only in a
threats, the penalty shall be PC meeting or rally of a sect, it
in its medium and max periods. would be punishable under
Art. 131.
133 Offending the The penalty of AM in its max 1. Acts complained of were Any person, whether a Acts Notoriously Offensive
religious feelings period to PC in its min period performed: public officer or private to Feelings:
shall be imposed upon anyone a. In a Place devoted to individual. 1. Ridicules or makes light
who, in a place devoted to religious worship, or of anything constituting
religious worship or during the b. During the celebration religious dogma;
celebration of any religious of any religious ceremony; 2. Works or scoffs at
ceremony shall perform acts 2. The acts must be anything devoted to
notoriously offensive to the Notoriously Offensive to religious ceremonies;
feelings of the faithful. the feelings of the faithful. 3. Plays with or damages or
destroys any object of
veneration of the faithful.