CRIMINAL LAW REVIEWER
ELEMENTS OF ARBITRARY DETENTION:
1. Offender is a public officer or
employee.
2. He detains a person.
3. Detention is without legal grounds.
ELEMENTS OF DELAY IN DELIVERY:
1. Offender is a public officer or
employee.
2. He has detained a person for some legal
ground.
3. He fails to deliver such person to the
proper judicial authorities within:
a. 12 hours for crimes/offenses
punishable by light penalties or their
equivalent;
b. 18 hours for crimes/offenses
punishable by correctional penalties or
their equivalent;
c. 36 hours for crimes/offenses
punishable by afflictive penalties or
their equivalent
ELEMENTS OF DELAYING RELEASE:
1. Offender is a public officer or
employee.
2. There is a judicial executive order for
the release of the 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. Service of notice of such order to the
prisoner, or
b. Performance of such judicial or
executive order for the release of the
prisoner, or
c. Proceedings upon a petition for the
release of such person.
ELEMENTS OF EXPULSION:
1. Offender is a public officer or
employee.
2. He either:
a. Expels any person from the
Philippines
b. Compels a person to change
residence
3. Offender is not authorized to do so by
law.
MODES OF VIOLATION OF DOMICILE:
First mode: Entering any dwelling against the
will of the owner thereof.
Note: In the first mode, lack of consent would
not suffice as the law requires that the
offender’s entry must be over the owner’s
objection, express or implied.
Second mode: Searching papers or other
effects found therein without the previous
consent of such owner.
Note: In the second mode, mere lack of consent
is sufficient.
Third mode: Refusing to leave the premises
after having surreptitiously entered said
dwelling and after having been required to
leave the same.
COMMON ELEMENTS:
1. Offender is public officer or employee;
2. He is not authorized by judicial order to
enter the dwelling and/or to make a
search for papers and for other effects.
CRIMINAL LAW REVIEWER

ELEMENTS OF SEARCHING DOMICILE WITHOUT

WITNESSES:

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. Owner or any member of his family, or
two witnesses residing in the same
locality are not present.

ELEMENTS OF INTERRUPTION OF RELIGIOUS

WORSHIP:

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.

ELEMENTS OF OFFENDING RELIGIOUS

FEELINGS:

1. Acts complained of were performed:

a. In a place devoted to religious
worship (not necessary that there is
religious worship)
b. During the celebration of any
religious ceremony
2. Acts must be notoriously offensive to
the feelings of the faithful.