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CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

Delay in the delivery of detained persons to the


CRIME Arbitrary Detention Delaying release Expulsion
proper judicial authorities

Violates Section 1, Article III of the 1987 Violates Section 6, Article III of the 1987 Violates Section 6, Article III of the 1987 Constitution Violates Section 6, Article III of the 1987
Constitution Constitution Constitution
Punishes any public officer or employee in those cases
Punishes any public officer or employee in Punishes any public officer or employee in those where an individual is unlawfully deprived of liberty. Any public officer or employee who shall
those cases where an individual is unlawfully cases where an individual is unlawfully deprived unlawfully expel a person from the Philippines
deprived of liberty. of liberty. or compel a person to change his residence.
DEFINITION/
1. By delaying the performance of a judicial or
NATURE/
executive order for the release of a prisoner
HOW COMMITTED
1. By expelling a person from the Philippines.
2. By unduly delaying the service of the notice of such
order to said prisoner 2. By compelling a person to change his
residence.
3. By unduly delaying the proceedings upon any
petition for the liberation of such person.

PROVISION Art. 124 Art. 125 Art. 126 Art. 127

1. That the offender is a public officer or 1. That the offender is a public officer or 1. That the offender is a public officer or employee 1. That the offender is a public officer or
employee employee employee.
2. That there is a judicial or executive order for the
2. That he detains a person 2. That he has detained person for some legal release of a prisoner, or that there is a proceeding 2. That he expels any person from the
ground upon a petition for the liberation of such person. Philippines or compels a person to change his
3. That the detention is without legal grounds residence.
3. That he fails to deliver such person to the 3. That the offender without good reason delays:
ELEMENTS
proper judicial authorities within: a) the service of the notice of such order to the 3. That the offender is not authorized to do so
prisoner; or by law.
a. 12 hrs – light penalties, or their equivalent; b) the performance of such judicial or executive .
or order for the release of the prisoner; or
b. 18 hrs – correctional penalties or their c) the proceedings upon a petition for the release of
equivalent such person.
c. 36 hrs – afflictive or capital penalties, or
their equivalent
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

Search warrants maliciously obtained and Prohibition, interruption, and dissolution of


CRIME Violation of Domicile Searching domicile without witnesses
abuse in the service of those legally obtained peaceful meetings

Violates Section 2, Article III of the 1987 Violates Section 2, Article III of the 1987 Violates Section 2, Article III of the 1987 Violates Section 4, Article III of the 1987
Constitution Constitution Constitution Constitution
* Right against unreasonable searches and * Right against unreasonable searches and * Right against unreasonable searches and
seizures seizures seizures Punishes any public officer or employee who
violates the right peaceably to assemble and
1. By entering any dwelling against the will of 1. By procuring a search warrant without just petition the government for redress of grievances
the owner thereof; cause
DEFINITION/ 2. By searching papers or other effects found 1. By prohibiting or by interrupting, without legal
NATURE/ therein without the previous consent of such 2. By exceeding his authority or by using ground, the holding of a peaceful meeting, or by
HOW COMMITTED owner unnecessary severity in executing a search dissolving the same.
3. By refusing to leave the premises, after warrant legally procured.
having surreptitiously entered said dwelling 2. By hindering any person from joining any lawful
and after having been required to leave the association or from attending any of its meetings.
same.
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.

PROVISION Art. 128 Art. 129 Art. 130 Art. 131

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

2. That he is not authorized by judicial order 2. That he procures a search warrant: 2. That he is armed with search warrant legally 2. That he performs any of the acts mentioned
to enter the dwelling and/or to make a procured. above.
ELEMENTS search therein for papers or other effects. 3. That there is no just cause
3. That he searches the domicile, papers or others
belongings of any person.

4. That the owner or any members of his family, or


two witnesses residing in the same locality are not
present.
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

CRIME Interruption of religious worship Offending the religious feelings

Violates Section 5, Article III of the 1987 Constitution Violates Section 5, Article III of the 1987 Constitution

DEFINITION/
NATURE/
HOW COMMITTED

PROVISION Art. 132 Art. 133

1. That the offender is a public officer or employee 1. That the acts complained of were performed; a) in a place
devoted to religious worship, or b) during the celebration of
2. That religious ceremonies or manifestations of any any religious ceremony
religion are about to take place or are going on
2. That the acts must be notoriously offensive to the feelings
3. That the offender prevents or disturbs the same. of the faithful.
ELEMENTS
CRIMES AGAINST PUBLIC ORDER

Conspiracy and proposal to commit


CRIME Rebellion or insurrection Coup d’etat Inciting to rebellion Disloyalty of public officers or employees
coup d’etat, rebellion or insurrection

The crime of rebellion or of inciting it It is a swift attack, accompanied by 1. Conspiracy to commit rebellion and The offender must be a public officer or
is by nature a crime of the masses, violence, intimidation, threat, strategy - There is conspiracy to commit employee.
of a multitude. It is a vast movement or stealth, directed against duly rebellion when two are more persons
of men and complex net of intrigues constituted authorities of the Republic come to an agreement to rise publicly 1. By failing to resist a rebellion by all
and plots. of the Philippines xxx and take arms against the government means in their power.
or any purposes of rebellion and decide
DEFINITION/
Civil war on a bigger or lesser scale. to commit it. 2. By continuing to discharge the duties of
NATURE/
their offices under the control sof the
HOW COMMITTED
2. Proposal to commit rebellion rebels;
- There is proposal to commit
rebellion when the person who has 3. By accepting the appointment to office
decided to rise publicly and take arms under them.
against the Government for any of the
purposes of rebellion proposes its
execution to some other person or
persons.
PROVISION Art. 134 Art. 134-A Art. 136 Art. 138 Art. 137
1. That the offender is a person or
1. That there be a) public uprising, persons belonging to the military or 1. That the offender does not take arms
and b) taking arms against the police or holding any public office or or is not in open hostility against the
Government employment. Government.
2. That it is committed by means of a
2. That the purpose of the uprising swift attack accompanied by violence, 2. That he incites others to execution of
or movement is either – intimidation, threat, strategy or any of the acts of rebellion
stealth.
a. to remove from the allegiance to 3. That the attack is directed against 3. That the inciting is done by means of
ELEMENTS
said Government or its laws: duly constituted authorities of the speeches, proclamations, writings,
1. the territory of Philippines or Republic of the Philippines, or any emblems, banners, or other
any part thereof; or military camp or installation, representations tending to the same
2. Any body of land, naval or communication networks, public end.
other armed forces; or utilities or other facilities needed for
the exercise and continued possession
b. to deprive the Chief Executive or of power.
Congress, wholly or partially, of any 4. That the purpose of the attack is to
of their powers or prerogatives. seize or diminish state power.
CRIMES AGAINST PUBLIC ORDER

CRIME Sedition Conspiracy to commit sedition Inciting to sedition

In its general sense, is the raising of


commotions or disturbances in the 1. Inciting others to the
State. accomplishment of any of the acts
which constitute sedition by means of
Ulitmate object - violation of the speeches, proclamations, writings,
public peace or at least such a emblems.
DEFINITION/ course of measures as evidently
NATURE/ engenders it. 2. Uttering seditious words or speeches
HOW COMMITTED which he tends to disturb the public
peace.

3. Writing, publishing, or circulating


scurrilous libels against the
Government or any of the duly
constituted authorities thereof, which
tend to disturb the public peace.
PROVISION Art. 139 Art. 141 Art. 142

1. That the offenders rise a) rise c. To inflict any act of hate or revenge There must be an agreement or
publicly, and b) tumultuously upon the person or property of any decision to attain an object of sedition.
2. That they employ force, public officer or employee
intimidation, or other means outside
of legal methods; d. To commit for any political or social
3. That the offenders employ any of end, any act of hate or revenge against
those means to attain ay of the private persons or any social class
following objects:
ELEMENTS a. to prevent the promulgation or e. To despoil for any political or social
execution of any law or the holding end any person, municipality or
of any popular election province, or the National Government
b. to prevent the National of all its property or any part thereof.
Government, or any provincial or
municipal government or any public
officer thereof from freely exercising
its or his functions, or prevent the
execution of any administrative
order:
CRIMES AGAINST POPULAR REPRESENTATION

Acts tending to prevent the meeting


CRIME Disturbance of proceedings Violation of Parliamentary Immunity
of the Assembly and similar bodies

I. By using force or intimidation,


threats, or frauds to prevent any
member of the National Assembly from
1) attending the meetings of the
assembly or of any of its committees or
subcommittees, constitutional
commissions or committees or
DEFINITION/
divisions thereof, or from 2) expressing
NATURE/
his opinions, or 3) Casting his vote.
HOW COMMITTED
II. By arresting or searching any
member thereof while the National
Assembly is in regular or special
session, except in case such member
has committed a crime punishable
under the Code by a penalty higher
than prision mayor.

PROVISION Art. 143 Art. 144 Art. 145 Art. 142

1. That there be e projected or 1. That there be a meeting of the I. 1. That the offender uses force II. 1. The offender is a public officer or
actual meeting of the National National Assembly or any of its intimidation, threats or fraud; employee
Assembly or any of its committees or committees or subcommittees, 2. That the purpose of the offender 2. That her arrests or searches any
subcommittees, constitutional constitutional commissions or is to prevent any member of the member of the National Assembly.
committees or divisions thereof, or committees or divisions thereof, or of National Assembly from: 3. That the Assembly, at the time of
of any provincial board or city or any provincial board or city or a. attending the meetings of the arrest or search, is in regular or special
ELEMENTS council or board. municipal council or board. assembly or of any of its committees or session;
constitutional commissions, etc. 4. That the member arrested or
2. That the offender who may be any 2. That the offender does any of the b. expressing his opinions; or searched has not committed a crime
person prevents such meeting by following acts: c. casting his vote punishable under the Code by a penalty
force or fraud. a. He disturbs any such meetings. 3. The offender is any person higher than prision mayor.
b. He behaves while on the presence
of any such bodies in such manner as
to interrupt its proceedings or to
impair the respect due it.