You are on page 1of 4

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

124 ARBITRARY DETENTION


125 DELAY in the DELIVERY of DETAINED
PERSONS to the PROPER AUTHORITIES
ELEMENTS
ELEMENTS
1. O public officer/ee vested w/ authority to detain
1. O same
or order the detention of persons accused of a
2. DETAINS a person for some LEGAL GROUND
crime
3. FAILS to deliver such person to the proper
2. DETAINS a person
judicial authorities within:
3. Without legal grounds
a. 12hrs light penalties/equivalent
b. 18hrs correctional
penalties/equivalent
c. 36hrs afflictive/capital
penalties/equivalent
equivalent special laws
included
periods do not run when the
courts are not open to receive
complaint/info
Legal grounds for detention
when the arrest is by virtue of a warrant
1. Commission of a crime
2. VIOLENT insanity or other ailment requiring
Delivery to the proper judicial authority does
compulsory confinement in a hospital
not consist in a physical delivery, but in
making an accusation or a charge or filing
ARBITRARY DET
UNLAWFUL ARREST
of an information against the person
Public officer arrests
Private indiv/public officer
arrested w/ the corresponding court/judge
& detains a person
feigned to arrest a person
Judicial authorities courts of justice/ judges
w/o lawful cause
w/o legal ground, to bring
/fiscal
him to authority or file a
charge. If a charge is
Violation of 125 does not affect legality of
filed, detention is deemed
confinement if a warrant is subsequently
an incident of arrest.
issued by the court
Illegality of detention is not cured by the
filing of the information in court. O would
be liable under 125 even if an information
was filed, because the violation had
already been committed.
Waiver of 125
124
126
The person arrested may ask for a preliminary
Detention is illegal
detention is legal in the
investigation but he must sign a waiver of
from the beginning
beginning but its illegality
125, w/ the assistance of a lawyer or a
starts from the expiration
responsible person of his choice.
of any of the periods of
Notwithstanding such waiver, he may apply
time specified in 125, w/o
for bail & the investigation must be
the person detained having
terminated w/in 15days from its inception.
been delivered to the
proper judicial authority.
127 EXPULSION

126 DELAYING RELEASE


ACTS: unduly DELAYING the:
1. PERFORMANCE of a judicial or
executive ORDER for the release
of a prisoner
2. SERVICE of NOTICE of such order
to said prisoner
3. PROCEEDINGS upon any PETITION
for LIBERATION of such person
O public officer/ee

n/a if there is a warrant of arrest

124
No warrant
of arrest
No legal
ground

125
no warrant of
arrest
legal
ground

126
no warrant
no legal
ground
intent to
deliver to
auth

ACTS:
1. EXPELLING a person from the PH
2. COMPELLING a person to CHANGE his residence w/o legal authority
O public officer/ee
Only the President in the exercise of his power of deportation & the courts by a final judgment can order a person to change his
residence.
128 VIOLATION OF DOMICILE

ACTS:
1. ENTERING any dwelling AGAINST THE WILL
of the owner thereof;
There must be an express/implied
opposition/prohibition from the owner
2. SEARCHING papers or other effects found
therein WITHOUT the PREVIOUS CONSENT
of such owner
Search must be conducted inside such
dwelling
3. REFUSING to LEAVE the premises, after
having surreptitiously entered said
dwelling & after having been required to
leave the same.
COMMON ELEMENTS:
1. O public officer/ee
2. Not authorized by judicial order to enter
the dwelling and/or to make a search
therein for papers or other effects
QC:
1. Committed at nighttime
2. If any papers/effects NOT constituting
evidence of a crime are NOT RETURNED
after the search
no warrant

129
1. SEARCH WARRANTS MALICIOUSLY
OBTAINED
2. ABUSE in the SERVICE of those
LEGALLY OBTAINED
ACTS
1. PROCURING a search warant without
just cause
2. EXCEEDING his AUTHORITY or USING
UNNECCESSARY SERVERITY in
executing a search warrant legally
procured
Additional liability for perjury in
obtaining SW w/o probable cause & for
the crime committed in the undue
execution thereof

Personal property to be seized


a. Subject of the offense
b. Fruits of the offense
c. Used/intended to be used as means of
commiting the offense
R to break door/window to effect search
the officer, if refused admittance to the place
of directed search after giving notice of his
purpose & authority may break any part of a
house to execute the warrant or liberate
himself or any person lawfully aiding him.
there is warrant but malciously obtained or if
issued regularly, there is abuse in the
implementation thereof

130 SEARCHING DOMICILE WITHOUT


WITNESSES

ELEMENTS:
1. O public officer/ee
2. Armed w/ a search warrant legally
procured
3. SEARCHES the domicile, papers, etc of any
person
4. Without the presence of:
a. Owner
b. Any member of his family
c. 2 witnesses residing in the same
locality

Abuse in the implementation of warrant

131 PROHIBITION, INTERRUPTION &


DISSOLUTION of PEACEFUL MEETINGS
ACTS:
1. PROHIBITING/INTERRUPTING without legal
ground, the HOLDING of a peaceful
meeting or by DISSOLVING the same
2. HINDERING any person from
a. joining any lawful assoc or
b. attending any of its meetings
3. PROHIBITING/HINDERING any person from
ADDRESSING, either alone or together w/
others, any PETITION to the authorities for
the correction of abuses or redress of
grievances

146 ILLEGAL ASSEMBLIES

147 ILLEGAL ASSOCIATIONS

ACTS:
1. GATHERING of persons, any or some of
whome are ARMED for the purpose of
commiting a crime under the RPC (except
those below)
2. GATHERING of persons, for the purpose of
TRISA
(even w/o the attendance of armed men)
a. Treason
b. Rebellion
c. Insurrection
d. Sedition
e. Assault upon a person in authority
or his agent
3. GATHERING is CABAL Inciting to Sedition
142

FORMATION of an organization, corporation or


association for the purpose of CRIMINAL
ACTIVITIES prohibited by the RPC/Special Laws
against PUBLIC MORALS.

O public officer/ee (who is not a participant in


the meeting)
If private indiv Disturbance of public
order 153
Assembly is peaceful & for a legal purpose

Assembly not for a legal purpose but for the


purpose of committing any crime under the
RPC

132 INTERRUPTION OF RELIGIOUS WORSHIP


ELEMENTS
1. O public officer/ee
2. Religious CEREMONIES or MANIFESTATIONS of any religion are
about to take place or going on
3. O PREVENTS or DISTURBS the same

133 OFFENDING RELIGIOUS FEELINGS


ELEMENTS
1. Acts NOTORIOUSLY OFFENSIVE to the FEELINGS of the faithful
Must be directed against religious practice/dogma for the
purpose of ridicule, as mocking or attempting to damage an
object of religious veneration
2. Performed

QC: when committed w/ VIOLENCE or THREATS

O public officer/ee

a. In a PLACE devoted to religious worship


It is not necessary that there is a religious ceremony
going on
b. DURING a celebration of any religious ceremony (acts
performed outside of a church, such as processions, or
prayers for burials)
There must be deliberate intent to hurt the feelings of the
faithful
Offense to feelings judged from the complainants point of
view
If the exercise is not a religious ceremony or manifestation, such
as quasi-religious activities like 40th day of death
commemoration Unjust vexation
If the act is directed to the religious belief itselfViolation of
Religious feelings
Notoriously offensive the act is offensive from the point of view
of any religion. If offensive to a particular religion only Unjust
vexation
O any person