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Title Two
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

Section 1 Section One. — Arbitrary detention and expulsion

Classes of arbitrary detention:

(1) Arbitrary detention by detaining a person without legal ground. (Art. 124)
(2) Delay in the delivery of detained persons to the proper judicial authorities. (Art. 125)
(3) Delaying release. (Art. 126)

Felonies & Terms Elements Annotations (from the Book of Reyes) and Other Notes Offender Penalties
Art. 124. 1. That the offender is a public A. Even if the persons detained could move freely in and out of their prison cell and Public officer (a) arresto mayor in
Arbitrary officer or employee. could take their meals outside the prison, nevertheless, if they were under the or employee its maximum
detention. 2. That he detains a person. surveillance of the guards and they could not escape for fear of being apprehended period to prision
3. That the detention is without again, there would still be arbitrary detention. (Such public correcccional in
(1. Detention legal grounds. officers are the its minimum
is the actual (a) when he has not B. The following are legal grounds for the detention of any person: policemen and period (4 months
confinement committed any crime or, at (a) The commission of a crime; other agents of and 1 day to 2
of a person in least, there is no (b) Violent insanity or any other ailment requiring the compulsory confinement the law, the years and 4
an enclosure, reasonable ground for of the patient in a hospital. (Art. 124, par. 2) judges or months) -- If the
or in any suspicion that he has mayors, barangay detention has not
manner committed a crime, or C. Arrest without warrant is the usual cause of arbitrary detention. A peace officer or a captain and a exceeded 3 days.
detaining and (b) when he is not suffering private person may, without a warrant, arrest a person: municipal
depriving him from violent insanity or councilor) (b) prision
of his liberty. any other ailment 1. In flagrante delicto – The person to be arrested has either committed, is actually correccional in its
requiring compulsory committing, or is about to commit an offense in the presence of the arresting [Note: If the medium and
2. A person is confinement in a hospital. officer. offender is a maximum
detained private person, periods (2 years,
when he is 2. Hot Pursuit – When an offense has in fact just been committed and the arresting the crime is 4 months and 1
placed in officer has probable cause to believe, based on personal knowledge of the facts illegal detention. day to 6 years)--If
confinement and circumstances indicating, that the person to be arrested has committed it. the detention has
or there is a But private continued more
restraint on 3. Escaped Prisoner or Detainee – When the person to be arrested is a prisoner individuals who than 3 days but not
his person.) who has escaped from a penal establishment or place where he is serving final conspired with more than 15 days.
judgment or temporarily confined while his case is pending, or has escaped while
public officers
being transferred from one confinement to another. (Sec. 5, Rule 113, Rules ofin detaining (c) prision mayor (6
Court) certain policemen years and 1 day
are guilty of to 12 years)--If
4. Waiver – When the right is waived by the person arrested, provided he knew of arbitrary the detention has
such right and knowingly decided not to invoke it. detention. continued more
(People vs. than 15 days but
Camerino)] not more than 6
months.

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Felonies & Terms Elements Annotations (from the Book of Reyes) and Other Notes Offender Penalties
5. Continuing offenses – A peace officer can validly conduct a warrantless arrest
in crimes of rebellion, subversion, conspiracy or proposal to commit such (d) reclusion
crimes, and crimes or offenses committed in furtherance thereof, or in temporal (12
connection therewith constitute direct assaults against the State, which are in the years and 1 day
nature of continuing crimes. Since rebellion is a continuing offense, a rebel may to 20 years ) --If
be arrested at any time, with or without a warrant, as he is deemed to be in the the detention has
act of committing the offense at any time of the day or night. (Umil v. Ramos, exceeded 6
187 SCRA 311) months.

In his presence: When the officer sees the offense being committed, although at a In the case of U.S. vs.
distance, or hears the disturbance created thereby and proceeds at once to the scene Braganza, 10 Phil.
thereof, or when the offense is continuing or has not been consummated at the time the 79, a councilor and a
arrest is made, the offense is said to be committed in his presence. barrio lieutenant were
convicted of arbitrary
Personal knowledge is required. detention, even if the
Under Sec. 5, Rule 113 of the Revised Rules of Criminal Procedure, an officer arresting offended party was
a person who has just committed an offense must have probable cause (which means an detained for less than
actual belief or reasonable grounds of suspicion) to believe based on personal half an hour
knowledge of facts and circumstances that the person to be arrested has committed it.

Probable cause may also be defined as such facts and circumstances which could
lead a reasonable 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.

Other Notes:

(a) The legality of the detention of a person does not depend upon the actual
commission of a crime by him, but upon the nature of his deed when its
characterization as a crime may reasonably be inferred by the officer to whom the
law at the moment leaves the decision for the urgent purpose of suspending the
liberty of that person. (U.S. vs. Sanchez, 27 Phil. 442)

(b) No reasonable ground if officer only wants to know the commission of crime.

(c) The crime of arbitrary detention can be committed through imprudence.

(d) That a police officer can make an arrest on mere complaint of the offended party is
a debatable question.

Held: The arrest and detention of Benigno Aranzanso for the purpose of identifying
his person, were justified, since according to the acting chief of police reasonable
grounds existed for believing in the existence of a crime and suspicion pointed to
that individual. (U.S. vs. Sanchez)

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Felonies & Terms Elements Annotations (from the Book of Reyes) and Other Notes Offender Penalties
Held: A police officer has no authority to arrest and detain a person charged with an
offense upon complaint of the offended party even though, after investigation, he
becomes convinced that the accused is guilty of the offense charged.

What the complainant may do in such case is to file a complaint with the city fiscal
or directly with the justice of the peace court. (Sayo vs. Chief of Police).

Art. 125. A. A private individual who makes a lawful arrest must also comply with the Public officer or The penalties
Delay in the 1. That the offender is a public requirements prescribed in Art. 125. If he fails to do so, he shall be guilty of illegal employee provided in Article
delivery of officer or employee. detention (Art. 267 or Art. 268), not arbitrary detention. 124
detained 2. That he has detained a person for (Note: If the
persons to the some legal ground. B. The detention is legal in the beginning, because the person detained was arrested offender is a
proper 3. That he fails to deliver such under any of the circumstances where arrest without warrant is authorized by law. private person,
judicial person to the proper judicial the crime is
authorities. authorities within: C. Art. 125 does not apply when the arrest is by virtue of a warrant of arrest. The person illegal
arrested can be detained indefinitely until his case is decided by the court or he posts detention.)
a bail for his temporary release.
(The term a. twelve (12) hours, for crimes or
"judicial offenses punishable by light Reason: There is already a complaint or information filed against him with the
authorities" penalties, or their equivalent; or court which issued the order or warrant of arrest and it is not necessary to deliver
means the the person thus arrested to that court.
courts of b. eighteen (18) hours, for crimes
justice or or offenses punishable by D. Disposition of person arrested without a warrant.
judges of said correctional penalties, or their
courts vested In cases falling under paragraphs (a), fragrante delicto, and (b), hot pursuit, of
equivalent; or
with judicial Section 5, Article 113, the person arrested without a warrant shall be forthwith delivered
power to to the nearest police station or jail, and he shall be proceeded against in accordance with
c. thirty-six (36) hours, for crimes
order the Rule 112, Section 6. (Sec. 5, Rule 113, Revised Rules of Criminal Procedure)
or offenses punishable by
temporary afflictive or capital penalties, or
detention or Section 6, Rule 112 of the Revised Rules of Criminal Procedure states
their equivalent.
confinement that:
of a person
charged with "When a person is lawfully arrested without a warrant involving an offense which
having requires a preliminary investigation, the complaint or information may be filed by a
committed a prosecutor without need of such investigation provided an inquest has been conducted
public in accordance with existing Rules. In the absence or unavailability of an inquest
offense, that prosecutor, the complaint may be filed by the offended party or a peace officer directly
is, the with the proper court on the basis of the affidavit of the offended party or arresting
"Supreme officer or person."
Court and
such inferior E. Proper Judicial Authorities. Duty of detaining officer is deemed complied with not
courts as may in a physical delivery but upon the making an accusation or charge or filing of an
be established information against the person arrested with the corresponding court or judge.
by law.")
The judge acquires jurisdiction to issue an order of release or of commitment of the
prisoner.

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Felonies & Terms Elements Annotations (from the Book of Reyes) and Other Notes Offender Penalties

F. The judicial authorities mentioned in Section 125 of the Revised Penal Code cannot
be considered to include the fiscal of the City of Manila or any other city, because
they cannot issue a warrant of arrest or of commitment for temporary confinement of
a person surrendered to legalize the detention of the person arrested without warrant.
(Sayo vs. Chief of Police)

G. Detained person should be released when a judge is not available if the maximum
hours for detention under Article 125 of the RPC has already expired. Failure to cause
the release may result in an offense under Art. 125.

H. Rights of the person detained:

1. He shall be informed of the cause of his detention; and
2. He shall be allowed, upon his request, to communicate and confer at anytime with
his attorney or counsel. (Art. 125, par. 2)

(Note: Public officer or employee is liable for preventing the exercise of the right of
attorneys to visit and confer with persons arrested.)

A. Waiver of the provisions of Art. 125. Before the complaint or information is filed,
the person arrested may ask for a preliminary investigation in accordance with this
Rule, but he must sign a waiver of the provisions of Article 125 of the Revised Penal
Code, as amended, in the presence of his counsel.

B. Circumstances considered in determining liability of officer detaining a person beyond

legal period:
(1) the means of communication as well as
(2) the hour of arrest and
(3) other circumstances such as the time of surrender and the material possibility for
the fiscal to make the investigation and file in time the necessary information

Other Notes:

(a) Violation of Art. 125 does not affect legality of confinement under process issued
by a court (because of the warrant subsequently issued).

(b) The illegality of detention is not cured by the filing of the information in court.

(c) The fiscal is not liable, unless he ordered detention or induced the arresting
officer to hold and not release the prisoner after the expiration of said period.
(Sayo vs. Chief of Police of Manila, 80 Phil. 863)

(d) Article 125 of the Revised Penal Code is intended to prevent any abuse
resulting from confining a person without informing him of his offense and
without permitting him to go on bail. (Laurel vs. Misa, 76 Phil. 372)

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Felonies & Terms Elements Annotations (from the Book of Reyes) and Other Notes Offender Penalties
Art. 125 distinguished from Art. 124

In arbitrary detention under Art. 124, the detention is illegal from the beginning; in
arbitrary detention under Art. 125, the detention is legal in the beginning but the illegality
of the detention starts from the expiration of any of the periods of time specified in Art.
125, without the detained prisoner detained having been delivered to the proper judicial
authority.
DETENTION A. A person charged with or suspected of the crime of terrorism or the crime of 10 years and 1 day to
UNDER conspiracy to commit terrorism shall be delivered to the proper judicial authority 12 years imprisonment
REPUBLIC within a period of three days counted from the moment the said charged or suspected for failure to notify
ACT No. person has been apprehended or arrested, detained, and taken into custody. the judge
9372.
B. Before a suspected terrorist is detained, a judge must be notified at his residence or
office nearest the place where the arrest took place at any time of the day or night.

C. In the event of an actual or imminent terrorist attack, suspects may not be detained for
more than 3 days without the written approval of a municipal, city, provincial or
regional official of a Human Rights Commission or judge of the municipal, regional
trial court, the Sandiganbayan or a Justice of the Court of Appeals nearest the place of
the arrest.

Art. 126. 1. That the offender is a public A. Example of delaying release Public officer or The penalties
Delaying officer or employee; employee provided in Article
release For failure to prosecute, because the witness of the prosecution did not appear, the case 124
2. That there is a judicial or was dismissed and the justice of the peace gave an order to release the accused. The jailer (Wardens and
executive order for the release refused to release the accused, notwithstanding that order of release, until after several jailers are the
of a prisoner or detention days. public officers
prisoner, or that there is a most likely to
proceeding upon a petition for violate Art.
the liberation of such person. 126.)

3. That the offender without good

reason delays (acts punishable):

(a) the service of the notice of

such order to the prisoner, or
(b) the performance of such
judicial or executive order
for the release of the
prisoner, or
(c) the proceedings upon a
petition for the release of
such person.

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Felonies & Terms Elements
Art. 127. 1. That the offender is a public
Expulsion. officer or employee.
2. That he expels any person from
the Philippines, or compels a
person to change his residence
(acts punishable).
3. That the offender is not
authorized to do so by law.
Annotations (from the Book of Reyes) and Other Notes Offender Penalties
A. Only the court by a final judgment can order a person to change his residence. prision correccional--
(e.g. ejectment proceedings, expropriation proceedings and in the penalty of 6 months and 1 day
destierro.) to 6 years
B. Case: Hence, the Mayor and the Chief of Police of Manila cannot force the prostitutes
residing in that City to go to and live in Davao against their will, there being no law that
authorizes them to do so. These women, despite their being in a sense, lepers of society,
are nevertheless not chattels, but Philippine citizens, protected by the same constitutional
guarantees as are other citizens. (Villavicencio, et al. vs. Lukban, et al.)

Section Two. — Violation of domicile

The crimes known as violation of domicile are:
1. Violation of domicile by entering a dwelling against the will of the owner thereof or making search
without previous consent of the owner. (Art. 128)
2. Search warrants maliciously obtained and abuse in the service of those legally obtained. (Art. 129)
3. Searching domicile without witnesses. (Art. 130)
Felonies & Terms Elements Annotations (from the Book of Reyes) and Other Notes Offender Penalties
Art. 128. Acts punishable under Art. 128: A. A public officer or employee is authorized by judicial order when he is armed with a Public officer or A. prision
Violation of search warrant duly issued by the court. employee correccional
domicile 1. By entering any dwelling minimum period
against the will of the owner B. "Against the will of owner." The entrance by the public officer or employee must be (If a private (6 months and 1 day
Meaning of thereof; or opposed or prohibited by the owner expressly or impliedly. If the entrance by the public individual, the to 2 years and 4
"search" in 2. By searching papers or other officer or employee is only without the consent of the owner of the dwelling, the crime crime months)
this article. effects found therein without is not committed. committed is
the previous consent of such trespass to
owner; or C. Right of officer to break into building or enclosure. dwelling.)
3. By refusing to leave the B. prision
premises, after having An officer, in order to make an arrest either by virtue of a warrant, or without a warrant correccional in its
surreptitiously entered said as provided in section 5, may break into any building or enclosure where the person medium and
dwelling and after having been to be arrested is or is reasonably believed to be, if he is refused admittance thereto, maximum periods—
required to leave the same. after announcing his authority and purpose. (Sec. 11, Rule 113, Revised Rules of with qualifying
Criminal Procedure) circumstance—( 2
Elements common to three acts: years, 4 months and 1
a. That the offender is a public D. A peace officer without search warrant cannot lawfully enter the dwelling against the day to 6 years)
officer or employee. will of the owner, even if he knew that someone in the dwelling is having unlawful
b. That he is not authorized by possession of opium.
judicial order to enter the
dwelling and/or to make a search
therein for papers or other
effects.

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Felonies & Terms Elements Annotations (from the Book of Reyes) and Other Notes Offender Penalties
E. It was held that the fact of looking at what was in the sala and the kitchen of the house
Circumstances qualifying the to see if the pen knife was there, cannot be strictly considered as the search of papers
offense: and other effects punished by Art. 128. (People vs. Ella, et al.,)

(1) If the offense is committed at
nighttime; or
(2) If any papers or effects not
constituting evidence of a crime
are not returned immediately
after the search made by the
offender.
But when the owner of the house had objected to the intended entrance of and search
by a barrio lieutenant who entered and proceeded to search the house, inspecting some
jars and baskets therein found, there was a violation of domicile. (U.S. vs. Macaspac)
F. "Papers or other effects found therein."
Art. 128 is not applicable when a public officer searched a person outside his dwelling
without search warrant and such person is not legally arrested for an offense, because
the papers or other effects mentioned in Art. 128 must be found in the dwelling.

G. "Having surreptitiously entered said dwelling."

This is probably an instance where a public officer or employee may commit violation
of domicile even if the entrance is only without the consent of its owner; that is, the
offender surreptitiously entered the dwelling.

Art. 129. A. Personal property to be seized. A. arresto mayor in

Search Acts punishable in connection its maximum
warrants with search warrants. A search warrant may be issued for the search and seizure of the following personal period to prision
maliciously property: correccional in its
obtained, and 1. By procuring a search warrant minimum period
(a) Subject of the offense;
abuse in the without just cause. (4 months and 1
(b) Stolen or embezzled and other proceeds or fruits of the offense; or
service of day to 2 years and
(c) Used or intended to be used as the means of committing an offense. (Sec. 3, Rule
those legally Elements: 4 months)
126, Revised Rules of Criminal Procedure)
obtained. a. That the offender is a public
officer or employee. B. and a fine not
B. Requisites for issuing search warrant.
b. That he procures a search exceeding 200,000
warrant. pesos (as amended
A search warrant shall not issue except upon probable cause in connection with one
c. That there is no just cause. by RA 10951)
specific offense to be determined personally by the judge after examination under
oath or affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the things to be seized which may
be anywhere in the Philippines. (Sec. 4, Rule 126, Revised Rules of Criminal
Procedure) (See also Sec. 3 Art. 2 of the 1987 Constitution)

C. Right to break door or window to effect search.

The officer, if refused admittance to the place of directed search after giving notice
of his purpose and authority, may break open any outer or inner door or window of a
house or any part of a house or anything therein to execute the warrant or liberate
himself or any person lawfully aiding him when unlawfully detained therein. (Sec. 7,
Rule 126, Revised Rules of Criminal Procedure)

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Felonies & Terms Elements Annotations (from the Book of Reyes) and Other Notes Offender Penalties
A search 2. By exceeding his authority or D. Search of house, room or premise to be made in presence of two witnesses.
warrant is an by using unnecessary severity
order in in executing a search warrant No search of a house, room or any other premises shall be made except in the presence
writing issued legally procured. of the lawful occupant thereof or any member of his family or in the absence of the
in the name of latter, in the presence of two witnesses of sufficient age and discretion residing in the
the People of Elements: same locality. (Sec. 8, Rule 126, Revised Rules of Criminal Procedure)
the
Philippines, a. That the offender is a public E. Validity of search warrant.
signed by a officer or employee.
judge and b. That he has legally procured a A search warrant shall be valid for ten (10) days from its date. Thereafter, it shall be
directed to a search warrant. void. (Sec. 10, Rule 126, Revised Rules of Criminal Procedure)
peace officer, c. That he exceeds his authority
commanding or uses unnecessary severity
him to search in executing the same. F. A receipt for the property seized.
for personal
property The officer seizing property under the warrant must give a detailed receipt for the
described same to the lawful occupant of the premises in whose presence the search and seizure
therein and were made, or in the absence of such occupant, must, in the presence of at least two
bring it before witnesses of sufficient age and discretion residing in the same locality, leave a receipt
the court. in the place in which he found the seized property. (Sec. 11, Rule 126, Revised Rules
(Sec. 1, Rule of Criminal Procedure)
126, Revised
Rules of G. Probable cause, defined.
Criminal
Procedure) Probable cause for a search 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 vs. Chief of Staff)

H. Test of lack of just cause.

The true test of lack of just cause is whether the affidavit filed in support of the
application for search warrant has been drawn in such a manner that perjury could be
charged thereon and affiant be held liable for damages caused. The oath required
must refer to the truth of the facts within the personal knowledge of the applicant for
search warrant or his witnesses, not of the facts "reported to me by a person whom I
consider to be reliable." (Alvarez vs. Court)

I. "In addition to the liability attaching to the offender for the commission of any
other offense."
It will be noted that in view of the phrase quoted, even if the crime of perjury was
a necessary means for committing the crime of search warrant maliciously
obtained, they cannot form a complex crime. They are separate and distinct crimes,
to be punished with their respective penalties.

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Felonies & Terms Elements Annotations (from the Book of Reyes) and Other Notes Offender Penalties
J. Evidence obtained in violation of Sections 2 (seizures of papers or effects during
search) and 3 (privacy of communication and correspondence) of Article III of the
1987 Constitution is not admissible for any purpose in any proceeding.

K. Instances of a valid warrantless search

1. Visual search is made of moving vehicles at checkpoints

2. Search is an incident to a valid arrest
NOTE: An officer making an arrest may take from the person:
a. Any money or property found upon his person which was used in
the commission of the offense
b. Was the fruit thereof
c. Which might furnish the prisoner with the means of committing
violence or escaping
d. Which might be used as evidence in the trial of the case
3. Search of passengers made in airports

4. When things seized are within plain view of a searching party (Plain
View Doctrine)

5. Stop and frisk (precedes an arrest and is a limited protective search of

outer clothing for weapons.)

6. When there is a valid express waiver made voluntarily and intelligently

[NOTE: Waiver is limited only to the arrest and does not extend to
search made as an incident thereto, or to any subsequent seizure of
evidence found in the search. (People v. Peralta, G.R. 145176, March
30, 2004)
NOTE: Silence of the owner of the dwelling before and during the
search, without search warrant, by a public officer, may show
implied waiver.]
7. Customs search of vessels without a search warrant
8. Exigent and emergency circumstances. (People v. De Gracia, 233 SCRA
716)

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Felonies & Terms Elements
2. By exceeding his authority or
by using unnecessary severity
in executing a search warrant
legally procured.
Elements:
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.
Art. 130.
Searching 1. That the offender is a public
domicile officer or employee.
without 2. That he is armed with search
witnesses. warrant legally procured.
3. That he searches the domicile,
papers or other belongings of
any person.
4. That the owner, or any member
of his family, or two witnesses
residing in the same locality are
not present.
10
Annotations (from the Book of Reyes) and Other Notes Offender Penalties
L. Peace officers may enter the house of an offender who committed an offense in their
presence, provided the unlawful conduct is such as to affect the public peace. (U.S. vs.
Vallejo)
A. Example of exceeding authority in executing search warrant
If the public officer, in executing a search warrant for opium, seized books, personal
letters, and other property having a remote or no connection with opium, even if he
believed or suspected that they had some relation with opium, such public officer may
be held liable under Art. 129. (Uy Kheytin, et al. vs. Villareal, et al, 42 Phil. 886)
But the possession of contraband articles, like firearm without license, is a flagrant
violation of the law and the contraband can be seized without a writ. (Magoncia vs.
Palacio, 80 Phil. 770)
B. Example of using unnecessary severity in executing search warrant
If in searching a house, the public officer destroys furniture therein without any
justification at all, he is guilty under Article 129, as having used unnecessary severity
in executing the search warrant.
A. "Shall search the domicile, papers, or other belongings of any person." Public officer or arresto mayor in its
The word "search" means "to go over or look through for the purpose of finding employee medium and
something; to examine." maximum periods
(2 months and 1 day
The public officers may examine the papers for the purpose of finding in those papers to 6 months)
something against their owner; or his other belongings for the same purpose.
B. NOTE: Art. 130 does not apply to searches of vehicles or other means of
transportation, because the searches are not made in the dwelling.
C. Search without warrant under the Tariff and Customs Code does not include a
dwelling house.
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Section Three. — Prohibition, interruption, and dissolution of peaceful meetings

Felonies & Terms Elements Annotations (from the Book of Reyes) and Other Notes Offender Penalties
Art. 131. 1. That the offender is a public A. To commit the crime defined in the first paragraph of Art. 131: Public officer or The penalty of
Prohibition, officer or employee; employee prision correccional
(1) the meeting must be peaceful, and
interruption, 2. That he performs any of the acts in its minimum
(2) there is no legal ground for prohibiting, or interrupting or dissolving that meeting.
and below: NOTE: The period (6 months and
dissolution of offender must 1 day to 2 years and 4
B. Right to freedom of speech and to peacefully assemble is not absolute
peaceful a. prohibiting or interrupting, be a stranger, months)
meetings. without legal ground, the not a
It may be regulated in order that it may not be "injurious to the equal enjoyment of
holding of a peaceful participant, in
others having equal rights, nor injurious to the right of the community or society,"
meeting, or dissolving the the peaceful
and this power may be exercised under the "police power" of the state, which is the
same. meeting.
power to prescribe regulations to promote the good order or safety and general welfare
b. hindering any person from
of the people.
joining any lawful (If the offender
association or from is a private
C. When the meeting to be held is not peaceful, there is legal ground for prohibiting it.
attending any of its individual, the
meetings. crime is
Other Points:
C. prohibiting or hindering any disturbance of
person from addressing, public order
(a) There is no legal ground to prohibit the holding of a meeting when the danger
either alone or together with defined in Art.
apprehended is not imminent and the evil to be prevented is not a serious one.
others, any petition to the 153.)
authorities for the correction
(b) Interrupting and dissolving a meeting which is not peaceful is proper.
of abuses or redress of
grievances.
(c) Interrupting and dissolving the meeting of municipal council by a public officer is
a crime against a legislative body, not punished under Art. 131 but of Act No. 1755.

(d) The person talking on prohibited subject at public meeting contrary to agreement
that no speaker should touch on politics may be stopped.

(e) But stopping the speaker who was attacking certain churches in public meeting is a
violation of Art. 131.

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Section Four. — Crimes against religious worship

The crimes against religious worship are:
1. Interruption of religious worship. (Art. 132)
2. Offending the religious feelings. (Art. 133)
Felonies & Terms Elements Annotations (from the Book of Reyes) and Other Notes Offender Penalties
A. Preventing a religious ceremony that is to take place is a violation of a violation of Any person A. prision correccional
Art. 132. 1. That the offender is a public Art. 132 in its minimum
Interruption officer or employee. period—for
of religious 2. That religious ceremonies or B. Reading of Bible and then attacking certain churches in a public plaza is not a preventing or
disturbing—(6
worship. manifestations of any religion ceremony or manifestation of a religion, but only a meeting of a religious sect which months and 1 day to 2
are about to take place or are is not a violation of Article 132, but of Article 131. years and 4 months)
going on.
3. That the offender prevents or C. But the reading of some verses out of the Bible in a private house by a group of 10 to B. prision correccional
disturbs the same. 20 persons, adherents of the Methodist Church, is a religious service. in its medium and
maximum periods—if
with violence or
Note: Circumstances qualifying threats—( 2 years, 4
months and 1 day to 6
the offense:
years)
If the crime is committed with
violence or threats.
Art. 133. 1. That the acts complained of were A. It would seem that in the phrase "in a place devoted to religious worship," it is not Any person arresto mayor in its
Offending the performed: necessary that there is a religious ceremony going on. maximum period to
religious prision correccional
feelings. (a) in a place devoted to B. The phrase "during the celebration" is separated by the word "or" from the phrase "place in its minimum
religious worship, or devoted to religious worship," which indicates that the "religious ceremony" need period (4 months and
Religious (b) during the celebration of not be celebrated in a place of worship. 1 day to 2 years and 4
ceremonies any religious ceremony. months)
are those C. "Acts notoriously offensive to the feelings of the faithful."
religious acts 2. That the acts must be notoriously
performed offensive to the feelings of the The acts must be directed against religious practice or dogma or ritual for the purpose
outside of a faithful. of ridicule, as mocking or scoffing at or attempting to damage an object of religious
church, such veneration. (Viada; People vs. Baes)
as
processions D. There must be deliberate intent to hurt the feelings of the faithful.
and special
prayers for In order to render defendant-appellant liable for the particular offense charged, it is
burying dead indispensable that the said utterances were made when defendant-appellant was
persons. actually in the place devoted to religious worship or in a place where the religious
(Albert) ceremony was being celebrated. (People vs. Gesulga)

E. Offense to feelings is judged from complainant's point of view.

Compiled by JCMR (2019)