Criminal Law Book 2

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

1. Arbitrary Detention Art. 124

2. Delay in the delivery of detained persons to the proper authorities Art. 125
3. Delaying release Art. 126
4. Expulsion Art. 127
5. Violation of domicile Art. 128
6. Search warrants maliciously obtained and abuse in the service of those legally
obtained.
Cont.

7. Searching domicile without witnesses Art. 130

8. Prohibition, interruption, and dissolution of peaceful meetings Art. 131
9. Interruption of religious worship Art. 132
10. Offending The religious feelings Art. 133
Cont.

Q: Why is called Crimes against the fundamental law of the state?

A: This is because they violate certain provisions of the Bill of Rights of the 1987
Constitution.
Art. 124. Arbitrary Detention
Any public officer or employee who, without legal grounds, detains a person, shall suffer;
1. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the
detention has not exceeded three days;
2. The penalty of prision correccional in its medium and maximum periods, if the detention has continued more
than three but not more than fifteen days;
3. The penalty of prision mayor, if the detention has continued for more than fifteen days but not more than six
months; and
4. That of reclusion temporal, if the detention shall have exceeded six months.
The commission of a crime, or violent insanity or any other ailment requiring the compulsory confinement of
the patient in a hospital, shall be considered legal grounds for the detention of any person.
Elements

1. That the offender is a public officer or employee;

2. That he detains a person;
3. That the detention is without legal grounds.
Cont.

In Arbitrary detention, the offender must be a public officer or employee.

- The public officer must be vested with authority to detain or order the detention of
persons accused of a crime, but when they detain a person they have no legal
grounds thereof.

Example : A policeman, is considered as a public officer, and is vested with authority

to arrest or detain a person. However, when he arrested Juan, he does not have any
legal grounds. The Policeman is liable for Arbitrary Detention
Cont.
Examples of public officers:

Policemen; agents of the law; Judges; Mayors. Etc.

Take Note: The public officer must be vested by law of the authority to detain a person.

- If the public officer has no authority to detain, he may be liable of the crime of
illegal detention, because they are acting in their private capacity.

- If detention is perpetrated by other public officer, the crime committed may be

illegal detention, because they are acting in their private capacity.

- Private individuals who conspired with public officers in detaining are guilty of
arbitrary detention.
Cont.

Detention Defined.
- The actual confinement of a person in an enclosure, or in any manner detaining and
depriving him of his or her liberty.

Take Note!

-Even if the person is not actually detained, but is without freedom to move, as they are
under surveillance and couldn’t escape because of fear of being arrested again, There is
still detention to speak of.
Cont.

“Without Legal grounds”

1. When he has not committed any crime, or atleast, there is no reasonable ground
for suspicion that he has committed a crime;
2. When he is not suffering from violent insanity or any other ailment requiring
compulsory confinement in a hospital.
Cont.

Legal grounds for arbitrary detention

1. The commission of a crime;

2. Violent insanity or any other ailment requiring the compulsory confinement of the
patient in a hospital
Example of Arbitrary Detention

A barrio lieutenant seeing his servant quarelling with his daughter, seized the servant
and an hour later sent him to the Justice of Peace. The servant was kept in detention
from 5:00 PM to 9:00 AM of the next day when he was released by the Justice of
Peace.

Held: The barrio lieutenant was guilty of arbitrary detention, because he detained the
offended party without any reason, or any legal grounds thereof.

Note: Mere quareling is not a crime!

 Cont.
Arrest without a warrant is the usual cause of arbitrary detention.
However, under the Rules of Court, there are instances when arrest without warrant is lawful.

Arrest without warrant; when lawful. — A peace officer or a private person may, without a warrant, arrest a
person:
(a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting
to commit an offense;(in flagrante delicto)
(b) When an offense has just been committed, and he has probable cause to believe based on personal
knowledge of facts or circumstances that the person to be arrested has committed it; (hot pursuit) and
(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where
he is serving final judgment or is temporarily confined while his case is pending, or has escaped while
being transferred from one confinement to another. (Sec. 5, Rule 113, revised Rules on Criminal Procedure)
● *Personal knowledge – based upon probable cause, an actual belief or reasonable
grounds of suspicion.
● *Probable cause – 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. (It
must be within the personal knowledge of the complainant or the witnesses he
may produce and not based on mere hearsay.)
Art. 125 Delay in the delivery of detained persons to the proper judicial
authorities.

- The penalties provided in the next preceding article shall be imposed upon the public officer or
employee who shall detain any person for some legal ground and shall fail to deliver such person to
the proper judicial authorities within the period of; twelve (12) hours, for crimes or offenses
punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses
punishable by correctional penalties, or their equivalent and thirty-six (36) hours, for crimes, or
offenses punishable by afflictive or capital penalties, or their equivalent. In every case, the person
detained shall be informed of the cause of his detention and shall be allowed upon his request, to
communicate and confer at any time with his attorney or counsel.
Elements:

1. That the offender is a public officer or employee;

2. That he has detained a person for some legal ground;
3. That he fails to deliver such person to the proper judicial authorities within:

A. Twelve hours, for crimes or offenses punishable by light penalties, or their equivalent

B. eighteen hours, for crimes or offenses punishable by correctional penalties, or their

equivalent; or

C. thirty six hours, for crimes or offenses punishable by afflictive or capital penalties, or their
equivalent
Cont.

If the offender is a private person, the crime is illegal detention.

- A private individaual who makes a lawful arrest must also comply with the
requirements of Art. 125. If he fails to do so, he shall be guilty of illegal
detention.

Example : Juan, a private individual, lawfully arrested Pedro. He has the duty to bring
Pedro to the proper judicial authorities. If he failed to do so, he is guilty of illegal
detention.
Cont.

Take note!
- Under Art. 125, the public officer or employee has detained the offended party for
some legal ground. The detention is legal in the beginning, because the person
detained was arrested under any of the circumstances where arrest without
warrant is authorized by law .
Cont.

Article 125 applies only when the arrest is made without a warrant of arrest. But the
arrest must be LAWFUL.
- If the arrest is made with a warrant of arrest, the person arrested can be detained
indefinitely until his case is decided by the court or he post a bail.
- The reason for this is that there is already a complaint or information filed against
him with the court which issued the order or warrant of arrest and it is not
necessary to deliver the person thus arrested to that court.
Cont.

Example : A complaint is filed against Pedro. A Judge issued a warrant of arrest against
Pedro. Police officers who arrested Pedro can detain Pedro indefinitely, without
violating Art. 125. This is because, it is not necessary to deliver Pedro to the Court.
Cont.

Note that: what constitutes a violation of Art. 125 is the failure to deliver the person
arrested to the proper judicial authority within the period specified therein.

-The delivery to the judicial authority of a person arrested without warrant by a peace
officer, does not consist in a physical delivery, but in making an accusation or charge
of filing of an information against the person arrested with the corresponding court or
judge. (Sayo v. Chief of Police of Manila)
Cont.

Example: Juan Arrested Pedro for committing a crime in his presence. The following
day a complaint was filed against Pedro in the Municipal Trial Court of Lemery. The
duty of the arresting officer is deemed complied with upon the filing of the complaint.
Juan need not to bring Pedro physically in the MTC.
Cont.

“Proper judicial authority”

- Means the courts of justice or judges of said courts vested with judicial power to
order the temporary detention or confinement of a person charged with having
committed a public offense, that is, the Supreme Court and such inferior courts as
may be established by law.

Note: Fiscals or Prosecutors are not to be considered as proper judicial authority, for
the reason that they cannot issue warrants or commitment order.
Art. 126 Delaying release

- The penalties provided for in Article 124 shall be imposed upon any public officer or
employee who delays for the period of time specified therein the performance of any judicial or
executive order for the release of a prisoner or detention prisoner, or unduly delays the service
of the notice of such order to said prisoner or the proceedings upon any petition for the
liberation of such person.
Acts Punishable under Art. 126

1. By delaying the performance of a judicial or executive order for the release of a

prisoner.
2. By unduly delaying the service of the notice of such order to said prisoner.
3. By unduly delaying the proceedings upon any petition for the liberation of such
person.
Elements:

1. That the offender is a public officer or employee;

2. That there is a judicial or executive order for the release of a prisoner or detention
prisoner, or that there is a proceeding upon a petition for the liberation of such
person;
3. That the offender without good reason delays : 1. The service of the notice of such
order to the prisoner, or 2. The performance of such judicial or executive order for
the release of the prisoner; or 3. The proceedings upon a petition for the release of
such person.
Example:

The prosecution failed to proved that the accused was guilty of the crime charge.
Therefore, the Judge dismissed the case and ordered the release of the accused.
However, the Jail Guard without any valid reason, refused to release the accused for
several days. The Jail Guard is guilty of delaying release.
The public officers who are most likely to commit the offense penalized in Article
126 are the wardens and peace officers temporarily in charge of the custody of
prisoners or detained persons.
Art. 127 Expulsion

- The penalty of prision correccional shall be imposed upon any public officer or
employee who, not being thereunto authorized by law, shall expel any person from
the Philippine Islands or shall compel such person to change his residence.
Acts punishable under Art. 127

1. By expelling a person from the Philippines.

2. By compelling a person to change his residence.
Elements

1. That the offender is a public officer or employee;

2. That he expels any person from the Philippines, or compels a person to change his
residence.
3. That the offender is not authorized by to do so by law.
Cont.

Take Note.
- Only the court by a final judgment can order a person to change his residence.
- Hence, Mayors, Chief of Police and any other officers cannot compel any person
to change his or her residence.
Example

The City Mayor of Manila received informations about prostitutes living in the vicinity
of Avenida. Thus, at dawn, he ordered the Chief of Police to gather the Prostitutes and
order them to leave Manila and to reside in Davao.

The City Mayor and the Chief of Police are liable of Expulsion.
Art. 128 Violation of domicile

- The penalty of prision correccional in its minimum period shall be imposed upon any public officer or employee
who, not being authorized by judicial order, shall enter any dwelling against the will of the owner thereof, search
papers or other effects found therein without the previous consent of such owner, or having surreptitiously entered
said dwelling, and being required to leave the premises, shall refuse to do so.

If the offense be committed in the night-time, or if any papers or effects not constituting evidence of a crime be not
returned immediately after the search made by the offender, the penalty shall be prision correccional in its medium
and maximum periods.
Acts punishable under Art. 128

1. By entering any dwelling against the will of the owner thereof;

2. By searching papers or other effects found therein without the previous consent of
such owner;
3. By refusing to leave the premises, after having surreptitiously entered said
dwelling and after having been required to leave the same.
Elements

1. That the offender is a public officer or employee.

2. That he is not authorized by judicial order to enter the dwelling and/ or to make a
search therein for papers or other effects.
Cont.

- The offender must be a public officer or employee. If the one who enters the
dwelling is a private person, the crime committed is trespass to dwelling.
- The public officer must be authorized by judicial order. He is authorized when
he is armed with a search warrant duly issued by the court. Hence, a public officer
is not authorized by law when he is not armed with any search warrant.
Cont.

Against the will of the owner

- The entrance must be against the will the will of the owner. This means that that there is
an opposition or prohibition from the said owner, whether express or implied.

Note that:
- The officer has the right to break into a building or enclosure by virtue of a warrant or
even without a warrant where the person to be arrested is or is reasonably believed to be,
if he refused admittance thereto, after announcing his authority and purpose.
Example:

Juan, a police officer, searched the house of Pedro without any search warrant against the will
of the latter. Juan seized paper and effects even having been prohibited by Pedro. Juan is guilty
of violation of domicile.

Take Note:

When one voluntarily submits to a search or consents to have it made upon his person or
premises, he is precluded from later complaining thereof. The right to be secure from
unreasonable search may, like every right, be waived and such waiver may be made either
expressly or impliedly.
Art. 129 Search warrants maliciously obtained, and abuse in the service of
those legally obtained

In addition to the liability attaching to the offender for the commission of any other offense, the
penalty of arresto mayor in its maximum period to prision correccional in its minimum period
and a fine not exceeding Two hundred thousand pesos (P200, 000) shall be imposed upon any
public officer or employee who shall procure a search warrant without just cause, or, having
legally procured the same, shall exceed his authority or use unnecessary severity in executing
the same."
Acts punishable under Art. 129

1. By procuring a search warrant without just cause;

2. By exceeding his authority or by using unnecessary severity in executing a search
warrant legally procured.
Elements

1. That the offender is public officer or employee;

2. That he procures a search warrant;
3. That there is no just cause.
Search warrant defined.

- Is an order in writing issued in the name of the People of the Philippines, signed
by a judge and directed to a peace officer, commanding him to search for personal
property described therein and bring it before the court. (Sec1. Rule 126, revised
Rules of Criminal Procedure)
Personal Property to be seized:

A search warrant may be issued for the search and seizure of the following personal
property:

1. Subject of the offense;

2. Stolen or embezzled and other proceeds or fruits of the offense; or
3. Used or intended to be used as the means of committing an offense. (Sec. 3, Rule
126, Revised Rules of Criminal Procedure)
Requisites for issuing a search warrant:

A search warrant shall not issue except upon probable cause in connection with one 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)

Probable cause - 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.
When is a search warrant said to have been procured without just cause?

A search warrant is said to have been procured without just cause when it appears on
the face of the affidavits filed in support of the application therefor, or through other
evidence, that the applicant had every reason to believe that the search warrant sought
for was unjustified.
Example:

A police officer wanted to verify a report that some corpse was unlawfully buried in a
monastery. Instead of stating to that effect, he alleged in an affidavit that opium was
hidden in the premises. If no opium was found, the officer is guilty under this article.
Art. 130 Searching domicile without witnesses

- The penalty of arresto mayor in its medium and maximum periods shall be imposed upon a
public officer or employee who, in cases where a search is proper, shall search the domicile,
papers or other belongings of any person, in the absence of the latter, any member of his family, or
in their default, without the presence of two witnesses residing in the same locality.
Elements

1. That the offender is a public officer or employee;

2. That he is armed with search 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.
Two witness rule:

Search of house, room, or premise to be made in presence of two witnesses. — No search of a

house, room, or any other premise shall be made except in the presence of the lawful
occupant thereof or any member of his family or in the absence of the latter, two witnesses
of sufficient age and discretion residing in the same locality. (Sec. 8, Rule 126, Revised
Rules on Criminal Procedure)
Example:

Baby M, A police officer, equipped with a search warrant, proceeded to the house of
Sara All. He searched the house of Sara all without her presence, or the presence of any
of her family member, Baby M also failed to ask for two witness to accompany him
and to witness the search. Baby M is guilty of violating Art. 130.
Art. 131 Prohibition, interruption, and dissolution of peaceful meetings.

- The penalty of prision correccional in its minimum period shall be imposed upon any public officer or
employee who, without legal ground, shall prohibit or interrupt the holding of a peaceful meeting, or shall
dissolve the same.

The same penalty shall be imposed upon a public officer or employee who shall hinder any person from
joining any lawful association or from attending any of its meetings.

The same penalty shall be imposed upon any public officer or employee who shall prohibit or hinder any
person from addressing, either alone or together with others, any petition to the authorities for the correction
of abuses or redress of grievances.
Acts punishable

1. By prohibiting or by interrupting, without legal ground, the holding of a peaceful

meeting, or by dissolving the same;
2. By hindering any person from joining any lawful association or from attending
any of its meetings;
3. By prohibiting or hindering any person from addressing, either alone or together
with others, any petition to the authorities for the correction of abuses or redress
of grievances.
Elements common to the three acts punishable:

1. That the offender is a public officer or employee; and

2. That he performs any of the acts punishable.

Take Note:

A private individual cannot commit this crime. If the offender is a private individual,
the crime is disturbance of public order defined in Art. 153.
Cont.

To commit this crime, the public officer must act without legal ground. Thus, if the
public officer has legal ground to pacify or interrupt the meeting, as where the meeting
to be conducted is illegal or not peaceful, he cannot be held guilty of the crime.
Art. 132 Interruption of religious worship

- The penalty of prision correccional in its minimum period shall be imposed upon any public officer
or employee who shall prevent or disturb the ceremonies or manifestations of any religion.

If the crime shall have been committed with violence or threats, the penalty shall be prision
correccional in its medium and maximum periods.
Elements:

1. That the offender is a public officer or employee;

2. That religious ceremonies or manifestations of any religion are about to take place
or are goin on;
3. That the offender prevents or disturbs the same.
Art. 133 Offending religious feelings

- The penalty of arresto mayor in its maximum period to prision correccional in its
minimum period shall be imposed upon anyone who, in a place devoted to religious
worship or during the celebration of any religious ceremony shall perform acts
notoriously offensive to the feelings of the faithful.
Elements:

1. That the acts complained of were performed (1) in a place devoted to a religious
worship, or (2) during the celebration of any religious ceremony.
2. That the acts must be notoriously offensive to the feelings of the faithful.