CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE (Art.

124-
133)

- These are violations of the bill of rights guaranteed by the
state
- Offenders are public officers (state actors) except in art. 133.
They must act supposedly I the exercise of public functions
- Private persons may be held liable under this title if they
conspire with a public official, or be an accomplice or
accessory thereto.

Art. 124. Arbitrary detention
Elements:
1. Offender is a public officer or employee
2. Offender detains a person
3. Detention is without legal grounds

- Where the public officer acted in good faith and without
culpable negligence, there is no arbitrary detention even if it
subsequently turns out that the person detained was
innocent of a crime (PP vs Ancheta, 68 Phil 415) as in effect,
the accused officer acted under a mistake of fact
- Arbitrary detention can be committed thru unlawful arrest or
thru imprudence. (PP vs Batallones, 23 Phil 46), but they
cannot be complexed, because unlawful arrest becomes an
element

Art. 125. Delay in the delivery of detained to the proper judicial
authorities. (This is also a form of arbitrary detention in its generic
sense.)
- Detention is for a legal ground
- 12 hrs light penalties
- 18 hrs correctional penalties
- 36 hrs afflictive or capital penalties

This contemplates of a warrantless arrest

Where PI is a matter of right, arrested person may execute a waiver of
Art. 125. If he wishes to avail of PI.

Relevant cases:
1. soria vs desierto
2. sayo vs chief of police of manila
3. Medina vs orozco

Case study
Juan was arrested without a warrant for pushing dangerous drugs. He
was detained for two weeks before a case was filed against him with
the prosecutor’s office. It took 1 month for the prosecutor to finally file
the information in court, because his case was not treated as inquest
case.

After the case was docketed in court, the court, issued an order for the
commitment of the accused to prison. Juan asked to be released
because his case was not an inquest case and the officers who detained
him violated Art. 125

Stock memory answer: arbitrary detention still. Not cured by later
commitment order but still cannot be released because of the present
commitment order.

Art. 126. Delaying Release

Art. 127. Expulsion. Public officer or employee compels a person to
change resident or leave the Phils without lawful authority

Art. 128. Violation of Domicile
Elements:
- Committed by public officer
- Who enters the dwelling against the owner’s will; OR
- Searches for papers and other effects inside the dwelling
without previous consent of the owner; OR (entry here is
with consent)
- Refuses to leave the premises which he surreptitiously
entered, after being required to depart. (what is punished
here is the refusal to leave)