TITLE TWO: CRIMES AGAINST THE FUNDAMENTAL LAWS OF
THE STATE (124-133)
They violate certain provisions of the Bill of Rights
1. Arbitrary detention
2. Delay in the delivery of detained person to proper
judicial authorities
3. Delay in release
-Violate Sec. 1, right to life, liberty and property
4. Expulsion
-violate Sec. 6, right to abode and travel
5. Violation of domicile
6. Search warrants maliciously obtained and abuse in
the service of those legally obtained
7. Searching domicile without witnesses
-Violate Sec 2, right to be secure in their person,
houses, papers and effects against unreasonable
searches and seizures
8. Prohibition, interruption or dissolution of peaceful
meetings
-Violate Sec. 4, right of speech and to peaceably
assemble
9. Interruption of religious worship
10. Offending religious feelings
-Violate Sec. 5, religious freedom
I. Arbitrary Detention (Art. 124)
A. 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.
B. Detention- actual confinement of a person in an
enclosure, or in any manner detaining and depriving
him of his liberty.
C. Legal grounds for the detention of any party
1. The commission of a crime.
2. Violent insanity or any other ailment requiring
the compulsory confinement of the patient in a
hospital.
D. Arrest without warrant is the usual cause of arbitrary
detention. Arrest without warrant – When LAWFUL
1. When, in his presence, the person to be
arrested is actually committing, or is attempting
to commit an offense;
2. When an offense has in fact just been
committed, and he has probable cause to
believe based on personal knowledge of facts
and circumstances that the person to be
arrested has committed it;
3. When the person to be arrested is a prisoner
who has escaped from a penal establishment, or
has escaped while being transferred from one
confinement to another.
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.
II. Delay in the delivery of detained person to proper
judicial authorities (Art. 125)
A. 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. 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;
c. 36 hours for crimes or offenses
punishable by afflictive or capital
penalties or their equivalent.
NB:
o if the offender is a private person the crime
is illegal detention.
o Article 125 does not apply when the arrest is by
virtue of a warrant of arrest.
o The “delivery” does not consist in physical delivery
but in making an accusation or charge or filing of an
information against the person arrested with the
corresponding court or judge.
o “Judicial authorities”- courts of justices or judges of
the said courts vested with judicial power to order
the temporary detention or confinement of a
person charged.
o Waiver of the provisions of Art. 125, in lieu for a
preliminary investigation, notwithstanding, he may
apply for bail and the investigation must be
terminated within 15 days from its inception (Sec. 7,
par. 2, Rule 112, R.R.C.P.)
o Arbitrary detention under Art. 124, detention is
illegal from the beginning; arbitrary detention under
Art. 125, detention is legal in the beginning but
illegality of the detention starts from the expiration
of any periods of time specified in Art. 125, without
 the detained prisoner having been delivered as
required.
B. Rights of the person detained
1. Be informed of the cause of his detention.
2. Be allowed, upon his request, to
communicate and confer at anytime with
his attorney or counsel.
C. Detention under R.A. No. 9372- persons
charged or suspected of the crime of terrorism
or crime of conspiracy to commit terrorism shall
be delivered within three (3) days from the
moment he was apprehended or arrested
o A judge must be notified before a suspected
terrorist is detained
III. Delaying Release (Article 126)
A. 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.
B. Elements
1. That the offender is a public officer’
2. That there is 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 for such person
3. That the offender without good reason
delays: 1) the performance of the judicial or
executive order for the release of the
prisoner, 2)the service of the notice of such
order to the prisoner, 3) the proceeding
upon a petition for the liberation of such
prisoner.
IV. Expulsion (Article 127)
A. Acts punishable
1. By expelling a person from the Philippines
2. By compelling a person to change his
residence.
B. Elements
1. That the offender is a public officer.
2. That he expels any person from the
Philippines, or compels a person to change
his residence.
3. That the offender is not authorized to do so
by law.
Only the court by a final judgement can
order a person to change his residence
V. Violation of Domicile (Article 128)
A. Acts punishable
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 having been required to leave the
same.
B. Elements Common to the three acts
1. That the offender is a public officer or
employee
2. That he is not authorized by judicial order
NB:
o If the offender is a private individual- the
crime is trespass to dwelling
o A public officer or employee is authorized
when he is armed with a search warrant
duly issued by the court
o Against the will of the owner- presupposes
opposition or prohibition, whether
expressed or implied, not the same as
“without the consent”
C. Circumstances qualifying the offense
1. If the offense is committed at nighttime
2. If any papers or effects not constituting
evidence of a crime are not returned
immediately after the search made by the
offender.
VI. Search Warrants Maliciously Obtained, and Abuse
in the Service of those Legally Obtained (Article
129)
A. Acts punishable
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.
B. Elements of procuring a search warrant without
just cause
1. That the offender is a public officer or
employee
2. That he procures a search warrant
3. That there is no just cause.
o Search warrant- an order signed by a judged
directed to a peace officer commanding him to
 search for personal property described therein
and bring it before the court. Valid only for 10
days from its date.
C. Personal property to be seized
1. Subject of the offense
2. Stolen or embezzled and other proceeds or
fruits of the offense
3. Used or intended to be used as the means
committing an offense.
o Search and seizure without warrant as an incident
to a lawful arrest is legal.
o Peace officer may enter the house of an offender
who committed an offense in their presence.
o Search and seizure of vessels and aircrafts
without a search warrant for violations of the
custom laws is legal.
D. Elements of exceeding authority
1. That the offender is a public officer or
employee
2. That a search warrant has been legally
procured
3. That he exceeds his authority or uses
unnecessary severity in executing the
same.
VII. Searching Domicile without Witnesses (Article 130)
A. Elements
1. That the offender is a public officer or
employee
2. That he is armed with a 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.
o Does not apply to searches of vehicles or other
means of transportation because the searches are
not made in the dwelling.
o Search without warrant under the Tariff and
Customs Code does not include a dwelling house.
VIII. Prohibition, interruption, and dissolution of
peaceful meetings (Article 131)
A. 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.
B. Elements Common to the three
1. That the offender is a public officer or
employee
2. That he performs any of the acts mentioned
above.
o If the offender is a private individual, the
crime is disturbance of public order.
o Right to peaceful meeting is not absolute- it
may be regulated in order that it may not be
injurious to the equal enjoyment of others
having equal rights, nor injurious to the right
of the community or society.
o When the meeting is not peaceful, there is
legal ground for prohibiting it.
o The offender must be a stranger, not a
participant in a peaceful meeting
IX. Interruption of religious worship (Article 132)
A. Elements
1. That the offender is a public officer or
employee
2. That the religious ceremonies or
manifestations of any religion are about to
take place or are going on.
3. That the offender prevents or disturbs the
same.
B. Circumstances qualifying the offense- violence
or threats
X. Offending the religious feelings (Article 133)
A. Elements
1. That the acts complained of were
performed (1) in a place devoted to
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.
o Religious ceremonies- religious acts performed
outside of a church (ex: processions and special
prayers for burying dead persons)
o Acts notoriously offensive- acts must be directed
against practice or dogma or ritual for the purpose
of ridicule or attempting to damage an object of
religious veneration.
o There must be deliberate intent to hurt the feelings
of the faithful.
o Offense to feelings is judged from complainant’s
point of view.