They are called crimes against the fundamental
laws of the state because they violate certain
provisions of the constitution specifically the Bill
of Rights.
Articles 124, 125 and 126 punish any public
officer or employee in cases where an individual
is unlawfully deprived of liberty
Article 127 punishes any public officer or
employee who shall unlawfully expel a person
from the Philippines or compel a person to
change his residence
Articles 128, 129 and 130 punishes any public
officer or employee who violates the right of
the people to be secure in their persons,
houses, papers and effects against
unreasonable searches and seizures.
Article 131 of the code punishes any public
officer or employee who violates the right to
peaceably assemble and petition the
government for redress or grievances.
Article 132 and 133 punish violations of the
right to free exercise and enjoyment of religious
worship.
Art. 124
Elements 1. Offender is a public officer or
employee;
2. He detains a person;
3. The detention is without legal grounds.
Meaning of absence of legal grounds
1. No crime was committed by the detained;
2. There is no violent insanity of the detained
person; and
3. The person detained has no ailment which
requires compulsory confinement in a hospital.
In arbitrary detention, the main reason for
detaining the offended party is to deny him of
his liberty.
Art 125
Elements 1. Offender is a public officer or
employee; 2. He detains a person for some legal
ground; 3. He fails to deliver such person to the
proper judicial authorities within – (a) 12 hour
for light penalties; (b) 18 hours for correctional
penalties; and (c) 36 hours for afflictive or
capital penalties.
This is a form of arbitrary detention. At the
beginning, the detention is legal since it is in the
pursuance of a lawful arrest. However, the
detention becomes arbitrary when the period
thereof exceeds 12, 18 or 36 hours, as the case
may be, depending on whether the crime is
punished by light, correctional or afflictive
penalty or their equivalent.
Art 126
Acts punished
1. Delaying the performance of a judicial or
executive order for the release of a prisoner;
2. Unduly delaying the service of the notice of
such order to said prisoner;
3. Unduly delaying the proceedings upon any
petition for the liberation of such person.
Elements
1. Offender is a public officer or employee;
2. 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. Offender without good reason delays – (a)
the service of the notice of such order to the
prisoner; (b) the performance of such judicial or
executive order for the release of the prisoner;
or (c) the proceedings upon a petition for the
release of such person.
Art 127
Acts punished 1. Expelling a person from the
Philippines; 2. Compelling a person to change
his residence.
Elements 1. Offender is a public officer or
employee; 2. He either – (a) expels any person
from the Philippines; or (b) compels a person to
change residence; 3, Offender is not authorized
to do so by law.
The essence of this crime is coercion but the
specific crime is ―expulsion‖ when committed
by a public officer. If committed by a private
person, the crime is grave coercion. In
Villavicencio v. Lukban, 39 Phil 778, the mayor
of the City of Manila wanted to make the city
free from prostitution. He ordered certain
prostitutes to be transferred to Davao, without
observing due processes since they have not
been charged with any crime at all. It was held
that the crime committed was expulsion.
Art128
There are three ways of committing the
violation of Article 128:
(1) By simply entering the dwelling of another if
such entering is done against the will of the
occupant. In the plain view doctrine, public
officer should be legally entitled to be in the
place where the effects were found. If he
entered the place illegally and he saw the
effects, doctrine inapplicable; thus, he is liable
for violation of domicile.
(2) Public officer who enters with consent
searches for paper and effects without the
consent of the owner. Even if he is welcome in
the dwelling, it does not mean he has
permission to search.
(3) Refusing to leave premises after
surreptitious entry and being told to leave the
same. The act punished is not the entry but the
refusal to leave. If the offender upon being
directed to eave, followed and left, there is no
crime of violation of domicile. Entry must be
done surreptitiously; without this, crime may be
unjust vexation. But if entering was done
against the will of the occupant of the house,
meaning there was express or implied
prohibition from entering the same, even if the
occupant does not direct him to leave, the
crime of is already committed because it would
fall in number 1.
Common elements
1. Offender is a public officer or employee;
2. He is not authorized by judicial order to enter
the dwelling or to make a search therein for
papers or other effects.
Art 129
Acts punished
1. Procuring a search warrant without just
cause;
Elements (a) Offender is a public officer or
employee; (b) He procures a search
warrant; (c) There is no just cause.
2. Exceeding his authority or by using
unnecessary severity in executing a search
warrant legally procured. Elements
(a) Offender is a public officer or employee;
(b) He has legally procured a search
warrant;
(c) He exceeds his authority or uses
unnecessary severity in executing the
same.
Art 130
Elements 1. Offender is a public officer or
employee; 2. He is armed with search
warrant legally procured; 3. He searches
the domicile, papers or other belongings of
any person; 4. The owner, or any members
of his family, or two witnesses residing in
the same locality are not present.
]
Art 131

Elements 1. Offender is a public officer or

employee;
2. He performs any of the following acts:
(a) prohibiting or by interrupting, without
legal ground, the holding of a peaceful
meeting, or by dissolving the same;
(b) hindering any person from joining any
lawful association, or attending any of its
meetings;
(c) 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.
Art 132

Elements 1. Offender is a public officer or

employee; 2. Religious ceremonies or
manifestations of any religious are about to
take place or are going on; 3. Offender
prevents or disturbs the same.

Art 133
Elements 1. Acts complained of were
performed in a place devoted to religious
worship, or during the celebration of any
religious ceremony; 2. The acts must be
notoriously offensive to the feelings of the
faithful. There must be deliberate intent to
hurt the feelings of the faithful.