CRIMINAL LAW II

TITLE II. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

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Crimes against the fundamental laws of the state: The offender, even if he is a public officer, does not include as his
function the power to arrest and detain a person, unless he conspires
Art 124: Arbitrary Detention with a public officer committing arbitrary detention.
Art 125: Delay in the delivery of detained persons to the
Article 125. Delay in the Delivery of Detained Persons to the
proper judicial authorities. Proper Judicial Authorities
Art 126: Delaying release
Elements
Art 127: Expulsion 1. Offender is a public officer or employee;
2. He detains a person for some legal ground;
Art 128: Violation of domicile
1. He fails to deliver such person to the proper judicial
Art 129: Search warrants maliciously obtained and abuse in the authorities within
a. 12 hour for light penalties;
service of those legally obtained
b. 18 hours for correctional penalties; and
Art 130: Searching domicile without witnesses c. 36 hours for afflictive or capital penalties.
Art 131: Prohibition, interruption, and dissolution of peaceful Note that the period stated herein does not include the nighttime. It
meetings is to be counted only when the prosecutors office is ready to receive
the complaint or information. This article does not apply if the arrest
Art 132: Interruption of religious worship
is with a warrant. The situation contemplated here is an arrest
Art 133: Offending the religious feelings without a warrant.

Crimes under this title are those which violate the bill of rights Article 126. Delaying Release
accorded to the citizens under the Constitution. Offenders under this
title are public officers, except as to the last crime (Art 133), which Acts punished
refers to any person. Private persons may also be liable under this 1. Delaying the performance of a judicial or executive order
title when he conspires with a public officer. for the release of a prisoner;
2. Unduly delaying the service of the notice of such order to
Article 124: Arbitrary Detention said prisoner;
3. Unduly delaying the proceedings upon any petition for the
Classes of Arbitrary Detention: liberation of such person.

1. AD by detaining a person without legal ground (Art 124) Elements

2. Delay in the delivery of detained persons to the proper 1. Offender is a public officer or employee;
judicial authorities (Art 125) 2. There is a judicial or executive order for the release of a
3. Delaying release (Art 126) prisoner or detention prisoner, or that there is a
proceeding upon a petition for the liberation of such
Elements: person;
1. Offender is a public officer or employee;1 3. Offender without good reason delays
2. He detains a person;
3. The detention is without legal grounds. a. the service of the notice of such order to the
prisoner;
Penalty: b. the performance of such judicial or executive order
1. 3 days = AM max to PC min for the release of the prisoner; or
2. 15 days = PC med and max c. the proceedings upon a petition for the release of
3. 6 months = PM such person.
4. more than 6 mos = RT
Article 127. Expulsion
Meaning of absence of legal grounds:
Acts punished
1. No crime was committed by the detained; 1. Expelling a person from the Philippines;
2. There is no violent insanity of the detained person; 2. Compelling a person to change his residence.
3. The person detained has no ailment which requires
compulsory confinement in a hospital. Elements
1. Offender is a public officer or employee;
2. He either
Distinction between arbitrary detention and illegal detention: a. expels any person from the Philippines; or
b. compels a person to change residence;
1. Arbitrary detention
The principal offender must be a public officer. Civilians can commit 3. Offender is not authorized to do so by law.
the crime of arbitrary detention except when they conspire with a
public officer committing this crime, or become an accomplice or The essence of this crime is coercion but the specific crime is
accessory to the crime committed by the public officer; and the expulsion when committed by a public officer. If committed by a
offender who is a public officer has a duty which carries with it the private person, the crime is grave coercion.
authority to detain a person.
In Villavicencio v. Lukban, 39 Phil 778, the mayor of the City of Manila
wanted to make the city free from prostitution. He ordered certain
2. Illegal detention prostitutes to be transferred to Davao, without observing due
The principal offender is a private person. But a public officer can processes since they have not been charged with any crime at all. It
commit the crime of illegal detention when he is acting in a private was held that the crime committed was expulsion.
capacity or beyond the scope of his official duty, or when he becomes
an accomplice or accessory to the crime committed by a private
person.

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Policemen, agents of the law, judges, mayors, barangay captains,
municipal councilors

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CRIMINAL LAW II
TITLE II. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
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Article 128. Violation of Domicile others, any petition to the authorities for the
Acts punished correction of abuses or redress of grievances.
1. Entering any dwelling against the will of the owner There are two criteria to determine whether Article 131 would be
thereof; violated:
2. Searching papers or other effects found therein without (1) Dangerous tendency rule applicable in times of national
the previous consent of such owner; or unrest such as to prevent coup detat.
3. Refusing to leave the premises, after having (2) (2) Clear and present danger rule applied in times of
surreptitiously entered said dwelling and after having been peace. Stricter rule.
required to leave the same

Elements:
1. Offender is a public officer or employee;
2. He is not authorized by judicial order to enter the dwelling Article 132. Interruption of Religious Worship
or to make a search therein for papers or other effects. Elements
1. Offender is a public officer or employee;
Circumstances qualifying the offense 2. Religious ceremonies or manifestations of any religious
1. If committed at nighttime; or are about to take place or are going on;
2. If any papers or effects not constituting evidence of a 3. Offender prevents or disturbs the same.
crime are not returned immediately after the search made
by offender. Qualified if committed by violence or threat.

There are only three recognized instances when search without a
warrant is considered valid, and, therefore, the seizure of any
evidence done is also valid. Outside of these, search would be invalid
and the objects seized would not be admissible in evidence.
(1) Search made incidental to a valid arrest;
(2) Where the search was made on a moving vehicle or vessel
such that the exigency of the situation prevents the
searching officer from securing a search warrant;
(3) When the article seized is within plain view of the officer
making the seizure without making a search therefore.
Article 133. Offending the Religious Feelings
Elements
1. Acts complained of were performed in a place devoted to
religious worship, or during the celebration of any religious
ceremony;
2. The acts must be notoriously offensive to the feelings of
the faithful.
3. There must be deliberate intent to hurt the feelings of the
faithful.

Article 129. Search Warrants Maliciously Obtained, and Abuse

in the Service of Those Legally Obtained

Acts punished

1. Procuring a search warrant without just cause;

Elements
1. Offender is a public officer or employee;
2. He procures a search warrant;
3. There is no just cause.

2. Exceeding his authority or by using unnecessary severity in

executing a search warrant legally procured.

Elements:
1. Offender is a public officer or employee;
2. He has legally procured a search warrant;
3. He exceeds his authority or uses unnecessary severity in
executing the same.

Article 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. The owner, or any members of his family, or two witnesses
residing in the same locality are not present.

Article 131. Prohibition, Interruption, and Dissolution of

Peaceful Meetings

Elements
1. Offender is a public officer or employee;
2. He performs any of the following acts:
a. prohibiting or by interrupting, without legal
ground, the holding of a peaceful meeting, or
by dissolving the same;
b. hindering any person from joining any lawful
association, or attending any of its meetings;
c. prohibiting or hindering any person from
addressing either alone or together with