B. Crimes against the fundamental law of the State

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

Frequency: ★★★★☆

CHAPTER 1: ARBITRARY DETENTION OR EXPULSION, VIOLATON OF DWELLING, PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES AGAINST RELIGIOUS WORSHIP

SECTION 1 – ARBITRARY DETENTION AND EXPULSION

1. Arbitrary detention

a. CONCEPT

Article 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. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a public officer or employee who; and,

2) Without legal grounds, he detains a person.

LEGAL GROUNDS FOR DETAINMENT: 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. (Paragraph 2, Article 124, Ibid.)

2. Delay in the delivery of detained persons to the proper judicial authorities

a. CONCEPT

Article 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. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a public officer or employee;

2) He detains any person for some legal ground; and,

3) He fails to deliver such person to the proper judicial authorities within the period of: a) 12 hours – for crimes or offenses punishable by light penalties, or their equivalent;

b) 18 hours – for crimes or offenses punishable by correctional penalties, or their equivalent; and,

c) 36 hours – for crimes, or offenses punishable by afflictive or capital penalties, or their equivalent.

RIGHT TO BE INFORMED: 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. (Paragraph 2, Article 125, Ibid.)

3. Delaying release

a. CONCEPT

Article 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. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1st Mode

1) The offender is a a public officer or employee; and,

2) He 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.

2nd Mode

1) The offender is a a public officer or employee; and,

2) He 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.

4. Expulsion

a. CONCEPT

Article 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. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1st Mode

1) The offender is a public officer or employee;

2) He is not authorized by law to expel any person from the Philippine Islands.

2nd Mode

1) The offender is a public officer or employee;

2) He is not authorized by law to compel a person to change his residence.

SECTION 2 – VIOLATION OF DOMICILE

5. Violation of domicile

a. CONCEPT

Article 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. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1st Mode

1) The offender is a public officer or employee;

2) He is not authorized by judicial order to 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, he refuses to do so. (Article 128, Ibid.)

2nd Mode

1) The offender is a public officer or employee;

2) He surreptitiously entered a dwelling, and being required to leave the premises, he refuses to do so. (Article 128, Ibid.)

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. (Paragraph 2, Article 128, Ibid.)

6. Search warrants maliciously obtained and abuse in the service of those legally obtained

a. CONCEPT

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 offense, the penalty of arresto mayor in its maximum period to prisión correccional in its minimum period and a fine not exceeding (₱200,000) 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. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1st Mode

1) The offender is a public officer or employee; and,

2) He procures a search warrant without just cause.

BU

1) The offender is a public officer or employee; and,

2) He legally procured a search warrant but  exceeds his authority or use unnecessary severity in executing the same.

7. Searching domicile without witnesses

a. CONCEPT

Article 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. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a public officer or employee;

2) In cases where a search is proper, he searches 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. (Article 130, Ibid.)

SECTION 3 – PROHIBITION, INTERRUPTION AND DISSOLUTION OF PEACEFUL MEETINGS

8. Prohibiting, interrupting,dissolving peaceful meetings

a. CONCEPT

Article 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. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a public officer or employee; and,

2) Without legal ground, he prohibits or interrupts the holding of a peaceful meeting, or dissolves the same.

9. Hindering the joining of any lawful association or attending its meetings

A public officer or employee who shall hinder any person from joining any lawful association or from attending any of its meetings. (Paragraph 2, Article 131, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a public officer or employee; and,

2) He hinders any person from joining any lawful association or from attending any of its meetings.

10. Prohibiting or hindering the petition for correction of abuses or redress of grievances

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. (Paragraph 3, Article 131, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a public officer or employee;

2) He prohibits or hinders any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances.

SECTION 4 – CRIMES AGAINST RELIGIOUS WORSHIP

11. Interruption of religious worship

a. CONCEPT

Article 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. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a public officer or employee;

2) He prevents or disturbs the ceremonies or manifestations of any religion. (Article 132, Ibid.)

12. Offending the religious feelings

a. CONCEPT

Article 133. Offending the 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. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender performs acts notoriously offensive to the feelings of the faithful; and,

2) Such acts were done in a place devoted to religious worship or during the celebration of any religious ceremony.

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