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Crimes Against The Fundamental Laws of The State

The document outlines 3 ways a public officer can commit arbitrary detention according to the Revised Penal Code: 1) Detaining a person without legal cause, 2) Delaying delivery of a lawfully arrested person to authorities, 3) Delaying release of a prisoner. It also discusses the legal grounds for detention and related crimes public officers may commit such as violation of domicile, expulsion from the country, and improperly obtaining or serving search warrants.

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Marielle Caralipio
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5K views4 pages

Crimes Against The Fundamental Laws of The State

The document outlines 3 ways a public officer can commit arbitrary detention according to the Revised Penal Code: 1) Detaining a person without legal cause, 2) Delaying delivery of a lawfully arrested person to authorities, 3) Delaying release of a prisoner. It also discusses the legal grounds for detention and related crimes public officers may commit such as violation of domicile, expulsion from the country, and improperly obtaining or serving search warrants.

Uploaded by

Marielle Caralipio
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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ARBITRARY DETENTION

THREE WAYS OF COMMITTING ARBITRARY DETENTION

1. ARBITRARY DETENTION BY DETAINING A PERSON WITHOUT ANY LEGAL CAUSE


OR GROUND (Article 124, Revised Penal Code)
2. ARBITRARY DETENTION BY DELAYING DELIVERY TO PROPER JUDICIAL
AUTHORITIES OF A PERSON LAWFULLY ARRESTED WITHOUT A WARRANT. (Article
125, Revised Penal Code)
3. ARBITRARY DETENTION BY DELAYING RELEASE OF A PRISONER. (Article 126,
Revised Penal Code)
ARBITRARY DETENTION BY DETAINING A PERSON WITHOUT ANY LEGAL
CAUSE OR GROUND (Article 124, Revised Penal Code)

The requisites are as follows:


1. The offender is a public officer or employee;
2. The offender detains a person;
3. The detention of such person is without legal grounds.

WHAT ARE THE ONLY LEGAL GROUNDS FOR DETENTION?


1. Commission of a crime
2. Person is suffering from VIOLENT insanity
3. Any other ailment requiring the compulsory confinement of the patient
in a hospital
 To be liable for arbitrary detention under Article 124, the public officer
must arrest a criminal suspect in pursuit of his authority or of his duty to
arrest. In People v. Santiano, GR No. 123979, December 3,1998, it was
held that the fact that they are police officers would not exempt them
from the criminal liability for kidnapping instead of arbitrary detention.
Taking the prisoner to a secluded place for purpose of detaining and
maltreating him constitutes kidnapping and serious illegal detention
qualified by the circumstance of serious physical injuries. Arbitrary
detention is not committed since the accused did not commit the act in
furtherance of official function or in the pursuit of authority vested in
them. In sum, they committed the act in their purely private capacity.
ARBITRARY DETENTION BY DELAYING DELIVERY OF DETAINED PERSONS TO
PROPER JUDICIAL AUTHORITIES (Article 125, Revised Penal Code)

The requisites are as follows:


1. The offender is a public officer or employee;
2. The offender detained a person for some legal ground;
3. The offender failed to deliver such person detained to the proper
judicial authorities within the period of 12 hours for light penalty (light
felonies), 18 hours for correctional penalty (less grave felonies) or 36
hours for afflictive penalty or capital punishment (grave felonies.

 To be held liable for delay in the delivery of detained persons to the


proper judicial authorities under Article 125, the offended party must be
detained for some legal ground. If the detention was without legal
ground, the crime committed is arbitrary detention under Article 124.
 The delivery to the judicial authority of an arrestee does not consist in a
physical delivery because the arresting officer cannot transfer to the
judge and the latter assume the physical custody of the person
arrested. Delivery is the making of an accusation or charge or filing of
an information against him with the corresponding court, whereby the
latter acquires jurisdiction to issue an order of release or of commitment
of the prisoner. (Sayo v. Chief of Police of Manila, GR no. L-2128, May
12,1948)

CAN A PUBLIC OFFICER OR EMPLOYEE BE NOT LIABLE UNDER ARTICLE 125?


- Yes, however, the person arrested must waive his right under Article 125.

 Under Article 125 of the RPC, a person arrested with legal ground has
the right not to be detained beyond the period stated therein.
However, such right can be waived. Under RA 7438 (Custodial
Investigation Law), any waiver by a person arrested or detained under
the provisions of Article 125 of the RPC shall be in writing and signed by
such person in the presence of his counsel; otherwise the waiver shall be
null and void and of no effect.

ARBITRARY DETENTION BY DELAYING RELEASE (Article 126, Revised Penal


Code)

The requisites are as follows:


1. The offender is a public officer or employee;
2. The offender performs any of the following acts:
a. Delays the performance of any judicial or executive order for the
release of a prisoner or detention prisoner;
b. Unduly delays the service of the notice/order of the release of
such prisoner;
c. Unduly delays the proceedings upon any petition for the
liberation of such person.
EXPULSION (Article 127, Revised Penal Code)

1. The offender is a public officer;


2. The offender expels any person from the Philippines or compels him to
change his residence;
3. Such expulsion or compulsion is not authorized by law.

 Read case of Villavicencio v. Lukban, GR No. 14639, March 25,1919


VIOLATION OF DOMICILE (Article 128, Revised Penal Code)

The requisites are as follows:


1. The offender is any public officer;
2. The offender performs any of the following acts:
a. Enters any dwelling against the will of the owner thereof
b. Searches papers or other effects found therein without the
previous consent of such owner;
c. Surreptitiously enters in the dwelling and refuses to leave after
being required to do so.

 Violation of domicile is a crime against the fundamental law of the land.


The act of the offender must be made in violation of the victim’s
constitutional right to be secured in his house, papers and effects
against unreasonable search. Thus, to be held liable for violation of
domicile, public officer must be acting in his official capacity. (US v.
Macaspac, GR No. 3878, November 16,1907).

CAN A PRIVATE INDIVIDUAL BE LIABLE FOR VIOLATION OF DOMICILE?


- Yes, a private individual, who conspires with a public officer in
committing violation of domicile, is also liable for this crime. Because of
conspiracy, the act of the public officer in committing violation of
domicile is imputable to the private individual although they are not
similarly situated in relation to the object of the crime.

OBTAINING AND SERVING SEARCH WARRANT (Article 129, Article 130


Revised Penal Code)

 Search warrants maliciously obtained is committed by any public officer


who procures a search warrant without just cause.

 Abuse in the service of search warrants legally obtained is committed


by any public officer who shall exceed his authority or uses unnecessary
severity in executing a search warrant, which legally is procured. (Article
129, Revised Penal Code)
 Searching domicile without witnesses is committed by a public officer
who, in cases where a search is proper, shall search a domicile, papers
or other belongings of any person, in the absence of the latter, any
member of his family, or two witnesses residing in the same locality.
(Article 130, Revised Penal Code)

In totality, a public officer may commit violation of domicile although he is


provided with a search warrant in cases of abuse in the service of search
warrants or searching domicile without witnesses.

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