Professional Documents
Culture Documents
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
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
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
O public officer/ee