Professional Documents
Culture Documents
Art. 118
Art. 117 The penalty of reclusion temporal shall be imposed upon any public officer or
The penalty of prision correccional shall be inflicted upon any person who: employee, and that of prision mayor upon any private individual, who, by unlawful or
unauthorized acts, provokes or gives occasion for a war involving or liable to involve
1. Without authority therefor, enters a warship, fort, or naval or military the Philippine Islands or exposes Filipino citizens to reprisals on their persons or
establishment or reservation to obtain any information, plans, photographs, or property.
other data of a confidential nature relative to the defense of the Philippine
Archipelago; or
2. Being in possession, by reason of the public office he holds, of the articles, Inciting to war or giving motives for reprisals
data, or information referred to in the preceding paragraph, discloses their o elements
contents to a representative of a foreign nation. 1. that the offender performs unlawful or unauthorized acts
2. that such acts provokes or give occasion for a war involving or liable to
The penalty next higher in degree shall be imposed if the offender be a public office involve the Philippines or expose Filipino citizens to reprisals on their
or employee. persons or property
o intention of the offender is immaterial. The law considers the effects produced by
the acts of the accused
Espionage – is the offense of gathering, transmitting, or losing information respecting o it is committed in time of peace
the national defense with intent or reason to believe that the information is to be used
to the injury of the Republic of the Philippines or to the advantage of any foreign
nation. Art. 119
Two ways The penalty of prision correccional shall be inflicted upon anyone who, on the
a) By entering… occasion of a war in which the Government is not involved, violates any regulation
o elements issued by competent authority for the purpose of enforcing neutrality.
1. that the offender enters any of the places mentioned therein
2. that he has no authority therefor
3. that his purpose is to obtain information, plans, photographs or Violation of neutrality
other data of a confidential nature relative to the defense of the o elements
Philippines 1. that there is a war in which the Philippines is not involved
not necessary that information, etc. is obtained 2. that there is a regulation issued by competent authority for the purpose of
o persons liable (whether citizen or a foreigner) enforcing neutrality
3. that the offender violates such regulation
Neutrality – a nation or power which takes no part in a contest of arms going on
between others is referred to as neutral Art. 122
The penalty of reclusion perpetua shall be inflicted upon any person who, on the
high seas or in Philippine waters, shall attack or seize a vessel or, not being a
Art. 120 member of its complement nor a passenger, shall seize the whole or part of the
Any person, who in time of war, shall have correspondence with an enemy country cargo of said vessel, its equipment, or personal belongings of its complement or
or territory occupied by enemy troops shall be punished: passengers.
1. By prision correccional, if the correspondence has been prohibited by the The same penalty shall be inflicted in case of mutiny on the high seas or in the
Government; Philippine waters.
2. By prision mayor, if the correspondence be carried on in ciphers or
conventional signs; and
3. By reclusion temporal, if notice or information be given thereby which might be Piracy – it is robbery or forcible depredation on the high seas, without lawful authority
useful to the enemy. If the offender intended to aid the enemy by giving such and done with animo furandi and in the spirit and intention of universal hostility.
notice or information, he shall suffer the penalty of reclusion temporal to death. o elements
1. that the vessel is on the high seas or in the Philippine waters
high seas – any waters on the sea coast which are without the
Correspondence with hostile country boundaries of low-water mark, although such waters may be in the
o elements jurisdictional limits of a foreign government
1. that it is in time of war in which the Philippines is involved 2. that the offenders are not members of its complement or passengers of the
2. that the offender makes correspondence with an enemy country or territory vessel
occupied by enemy troops 3. that the offender
3. that the correspondence is either a) attack or seize that vessel or
a) prohibited by the Government b) seize the whole or part of the cargo of said vessel, its equipment or
b) carried on in ciphers or conventional signs personal belongings of its complement of passengers
c) containing notice or information which might be useful to the enemy o Piracy is triable anywhere because it is against all mankind,
correspondence – is communication by means of letters; or it may refer to the o Any person who aids or protects pirates or abets the commission of piracy shall
letters which pass between those who have friendly or business relations be considered as an accomplice
o prohibition by the Government is not essential in par. 2 and 3 of Article 120
o Qualifying circumstance that must concur together: PIRACY Art. 122 of the RPC Presidential Decree No. 532
1. that the notice or information might be useful to the enemy As to the May be committed by attacking or May be committed by attacking or
2. that the offender intended to aid the enemy manner of seizing a vessel or seizing the seizing a vessel or by taking
penalty is the same as that for treason commission whole or part of the cargo of said away the whole or part of its
vessel, its equipment or personal cargo, its equipment or personal
belongings of its complement or belongings of its complement or
Art. 121 passengers passengers by means of
The penalty of arresto mayor shall be inflicted upon any person who, owing violence against or intimidation
allegiance to the government attempts to flee or got o an enemy country when of persons or force upon things
prohibited by competent authority. As to the May be committed only by a May be committed by any person
persons stranger to a vessel including a passenger or member
committing the of the complement of the vessel
Flight to enemy’s country crime Neither a passenger nor a
o elements member of the complement of the
1. that there is a war in which the Philippines is involved; vessel
2. that the offender must be owing allegiance to the Government As to the place May be committed in the May be committed only in
3. that the offender attempts to flee or go to the enemy country of the Philippine waters or on the high Philippine waters
4. that going to enemy country is prohibited by competent authority commission of seas
the crime
As to when It becomes qualified when it is It becomes qualified, among
piracy accompanied, among others, by others, when physical injuries or
becomes murder, homicide, physical injury, other crimes are committed as a
qualified or rape result or on the occasion thereof
or when murder, homicide or rape
is committed by reason or on the
occasion thereof
mutiny – is the unlawful resistance to a superior officer, or the raising of commotions
and disturbances on board a ship against the authority of its commander.
Piracy Mutiny
Strangers to said vessel Members of the crew or passengers
Intent to gain Intent to ignore the ship’s officers or thay
may be prompted by a desire to commit
plunder
Piracy Robbery
Offender is an outsider Offender is a member of the crew of
passenger
Art. 123
The penalty of reclusion perpetua to death shall be imposed upon those who commit
any of the crimes referred in the preceding article, under the following
circumstances:
1. Whenever they have seized a vessel by boarding or firing upon the same;
2. Whenever the pirates have abandoned their victims without means of saving
themselves; or
3. Whenever the crime is accompanied by murder, homicide, physical injuries, or
rape.
(4) "Poisonous" is any substance or materials, except medicinal drug, either liquid, solid
or gaseous, which through chemical reactions kills, injuries or impairs a living organism
REPUBLIC ACT No. 6235 or person, and shall include but not limited to allyl isothiocyanate, ammunition
(chemical, non-explosive but containing Class A, B or poison), aniline oil, arsine,
AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL AVIATION, AND FOR OTHER PURPOSES. bromobenzyle cyanide, bromoacetone and other similar substances or materials.
Section 1. It shall be unlawful for any person to compel a change in the course or destination of an aircraft of Section 6. Any violation of Section three hereof shall be punishable by an imprisonment of at least
Philippine registry, or to seize or usurp the control thereof, while it is in flight. An aircraft is in flight from the five years but not more than ten years or by a fine of not less than ten thousand pesos but not more
moment all its external doors are closed following embarkation until any of such doors is opened for than twenty thousand pesos: Provided, That if the violation is committed by a juridical person, the
disembarkation. penalty shall be imposed upon the manager, representative, director, agent or employee who
violated, or caused, directed, cooperated or participated in the violation thereof: Provided, further,
That in case the violation is committed in the interest of a foreign corporation legally doing business
It shall likewise be unlawful for any person to compel an aircraft of foreign registry to land in Philippine territory in the Philippines, the penalty shall be imposed upon its resident agent, manager, representative or
or to seize or usurp the control thereof while it is within the said territory. director responsible for such violation and in addition thereto, the license of said corporation to do
business in the Philippines shall be revoked.
Section 2. Any person violating any provision of the foregoing section shall be punished by an imprisonment of
not less than twelve years but not more than twenty years, or by a fine of not less than twenty thousand pesos Any violation of Section four hereof shall be an offense punishable with the minimum of the penalty
but not more than forty thousand pesos. provided in the next preceding paragraph.
The penalty of imprisonment of fifteen years to death, or a fine of not less than twenty-five thousand pesos but Section 7. For any death or injury to persons or damage to property resulting from a violation of
not more than fifty thousand pesos shall be imposed upon any person committing such violation under any of Sections three and four hereof, the person responsible therefor may be held liable in accordance with
the following circumstances: the applicable provisions of the Revised Penal Code.
1. Whenever he has fired upon the pilot, member of the crew or passenger of the aircraft; Section 8. Aircraft companies which operate as public utilities or operators of aircraft which are for
hire are authorized to open and investigate suspicious packages and cargoes in the presence of the
2. Whenever he has exploded or attempted to explode any bomb or explosive to destroy the owner or shipper, or his authorized representatives if present; in order to help the authorities in the
aircraft; or enforcement of the provisions of this Act: Provided, That if the owner, shipper or his representative
refuses to have the same opened and inspected, the airline or air carrier is authorized to refuse the
3. Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape. loading thereof.
Section 3. It shall be unlawful for any person, natural or juridical, to ship, load or carry in any passenger aircraft Section 9. Every ticket issued to a passenger by the airline or air carrier concerned shall contain
operating as a public utility within the Philippines, any explosive, flammable, corrosive or poisonous substance among others the following condition printed thereon: "Holder hereof and his hand-carried
or material. luggage(s) are subject to search for, and seizure of, prohibited materials or substances. Holder
refusing to be searched shall not be allowed to board the aircraft," which shall constitute a part of the
contract between the passenger and the air carrier.
Section 4. The shipping, loading or carrying of any substance or material mentioned in the preceding section in
any cargo aircraft operating as a public utility within the Philippines shall be in accordance with regulations
issued by the Civil Aeronautics Administration. Section 10. The Civil Aeronautics Administration is hereby directed to promulgate within one
month after the approval of this Act such regulations as are provided in Section four hereof and
cause the publication of such rules and regulations in the Official Gazette and in a newspaper of
Section 5. As used in this Act
national circulation for at least once a week for three consecutive weeks. Such regulations shall take
effect fifteen days after publication in the Official Gazette.
(1) "Explosive" shall mean any substance, either solid or liquid, mixture or single compound, which
by chemical reaction liberates heat and gas at high speed and causes tremendous pressure
Section 11. This Act shall take effect after the publication mentioned in the preceding section.
resulting in explosion. The term shall include but not limited to dynamites, firecrackers, blasting
caps, black powders, bursters, percussions, cartridges and other explosive materials, except
bullets for firearm. Approved: June 19, 1971
(2) "Flammable" is any substance or material that is highly combustible and self-igniting by
chemical reaction and shall include but not limited to acrolein, allene, aluminum dyethyl
monochloride, and other aluminum compounds, ammonium chlorate and other ammonium
mixtures and other similar substances or materials.
(3) "Corrosive" is any substance or material, either liquid, solid or gaseous, which through chemical
reaction wears away, impairs or consumes any object. It shall include but not limited to alkaline
battery fluid packed with empty storage battery, allyl chloroformate, allytrichlorosilane, ammonium
dinitro-orthocresolate and other similar materials and substances.
“in his presence” – when the officer sees the offense being committed,
although at a distance, or hears the disturbance created thereby and
proceeds at once to the scene thereof, or when the offense is
continuing or has not been consummated at the time the arrest is
made, the offense is said to be committed in his presence
Title II – Crimes against the fundamental laws of the State b. when an offense has in fact just been committed, and he has probable
cause to believe based on personal knowledge of facts and circumstances
Chapter 1 – Arbitrary detention or expulsion, violation of dwelling, prohibition, that the person to be arrested has committed it
interruption, and dissolution of peaceful meetings and crimes against religious probable cause – such facts and circumstances which could lead a
worship reasonable discreet and prudent man to believe that an offense has
been committed and that the object sought in connection with the
Section 1 – Arbitrary detention and expulsion offense are in the same place sought to be searched
“the offense has in fact just been committed” – doctrine of hot pursuit
elements
Art. 124 1. the offense must have “just been committed”, when the
Any public officer or employee who, without legal ground, detains a person, shall arresting officer arrived in the scene
suffer: 2. the officer must have “personal knowledge” of facts
indicating that the person to be arrested has committed the
1. The penalty of arresto mayor in its maximum period to prision correccional in offense
its minimum period, if the detention has not exceeded three days; c. when the person to be arrested is a prisoner who has escaped from a penal
2. The penalty of prision correccional in its medium and maximum periods, if the establishment or place where he is serving final judgment or temporarily
detention has continued more than three but not more than fifteen days; confined while his case is pending, or has escaped while being transferred
3. The penalty of prision mayor, if the detention has continued more than fifteen from one confinement to another
days but not more than six months; and escapee is in the continuous act of committing a crime
4. That of reclusion temporal, if the detention shall have exceeded six months a. A person may be subjected to a warrantless arrest for the crime of rebellion,
whether or not the president has declared a state of rebellion, so long as the
The commission of a crime, or violent insanity or any other ailment requiring the requisites for a valid warrantless arrest are present.
compulsory confinement of the patient in a hospital, shall be considered legal o arbitrary detention can be committed through imprudence
grounds for the detention of any person. o the law does not fix any minimum period of detention
Arbitrary detention
o elements Art. 125
1. that the offender is a public officer or employee The penalties provided in the next preceding article shall be imposed upon the
must be vested with authority to detain or order the detention of public officer or employee who shall detain any person for some legal ground and
persons accused of a crime (ex. policemen, judges, mayors, barangay shall fail to deliver such person to the proper judicial authorities within the period of:
capt, municipal councilor) twelve (12) hours, for crimes or offenses punishable by light penalties, or their
If detention is perpetrated by a private individual or other public equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional
officers, the crime committed may be illegal detention, because they penalties, or their equivalent; and thirty-six (36) hours, for crimes or offenses
are acting in their private capacity punishable by afflictive or capital penalties, or their equivalent.
Private individuals who conspired with public officers are guilty of
arbitrary detention In every case, the person detained shall be informed of the cause of his detention
2. that he detains a person and shall be allowed, upon his request, to communicate and confer at any time with
detention – the actual confinement of a person in an enclosure, or in his attorney or counsel.
any manner detaining and depriving him of his liberty
even if the persons detained could move freely in and out of their
prison cell and could take their meals outside prison, nevertheless, if Delay in the delivery of detained persons to the proper judicial authorities
they were under the surveillance of the guards and they could not o elements
escape for fear of being apprehended again, there would still be 1. that the offender is a public officer or employee
arbitrary detention If done by private individual; he is guilty of illegal detention
3. that the detention is without legal grounds 2. that he has detained a person for some legal ground
a. when he has not committed any crime or, at least, there is no 3. that he fails to deliver such person to the proper judicial authorities within:
reasonable ground for suspicion that he has committed a crime 12 hours, for crimes or offenses punishable by light penalties, or their
b. when he is not suffering from violent insanity or any other ailment equivalent; or
requiring compulsory confinement in a hospital 18 hours, for crimes or offenses punishable by correctional penalties,
o Arrest without warrant – when lawful or their equivalent; or
a. when, in his presence, the person to be arrested has committed, is actually 36 hours, for crimes or offenses punishable by afflictive or capital
committing, or is attempting to commit an offense penalties, or their equivalent
Delivery to the judicial authorities – the surrender or delivery to the The detention is illegal from the beginning The detention is legal in the beginning but
judicial authority of a person arrested without warrant be a peace the illegality of the detention starts from the
officer, does not consists in a physical delivery, but in making an expiration of any periods of time specified in
accusation or charge filing of an information against the person Art. 125
arrested with the corresponding court or judge, whereby the latter
acquires jurisdiction to issue an order of release or of commitment of Republic Act No. 9372
the prisoner, because the arresting officer cannot transfer to the judge o time for delivery of detained persons prescribed in Art. 125 does not apply to
and the latter does not assume the physical custody. suspected terrorist who are detained under Republic Act. No. 9372
proper judicial authorities – courts of justice or judges of said courts shall be delivered within a period of 3 days counted from the moment the
vested with judicial power to order the temporary detention or said suspected person has been apprehended – imprisonment of 10 years
confinement of a person charged with having committed a public and 1 day to 12 years imprisonment
offense, that is, the Supreme Court and such inferior courts as may be o judge must be notified before a suspected terrorist is detained
established by law o if the arrest is made during Saturdays, Sundays, holidays or after office hours,
cannot include the fiscal of the city/ public prosecutor, because the arresting plice or law enforcement personnel shall bring the person thus
they cannot issue a warrant of arrest or of commitment for arrested to the residence of any of the officials (official of human rights
temporary confinement of a person surrendered to legalize the commission, judge or justice)
detention of the person arrested without warrant
public prosecutor is not liable for violation of Art. 125 unless he
has ordered the detention – he is not the one who arrested and Art. 126
illegally detained the person arrested The penalties provided for in Article 124 shall be imposed upon any public officer or
o Art. 125 applies only when the arrest is made without a warrant of arrest. But the employee who delays for the period of time specified therein the performance of any
arrest must be lawful –it presupposes that complaint or information has already judicial or executive order for the release of a prisoner or detention prisoner, or
been file in court and the accused is already within the sphere of judicial unduly delays the service of the notice of such order to said prisoner or the
protection proceeding upon any petition for the liberation of such person.
o duty of detaining officer is deemed complied with upon the filing of the complaint
because further action rest upon the judicial authority
o where a judge is not available, the arresting officer is duty bound to release a Delaying release
detained person, if the maximum hours for detention provided has already o elements
expired 1. that the offender is a public officer or employee
o Waiver of the provisions of Article 125 wardens and jailers are mostly likely to violate art. 126
before the complaint or information is filed, the person arrested may ask for 2. that there is a judicial or executive order for the release of a prisoner or
preliminary investigation, but he must sign a waiver in the presence of his detention prisoner, or that there is a proceeding upon a petition for the
counsel. Notwithstanding the waiver, he may apply for bail and the liberation of such person
investigation must be terminated within 15 days from its inception. 3. that the offender without good reason delays:
o circumstances considered in determining liability of officer a) the performance of such judicial or executive order for the release of
1. the means of communication the prisoner
2. hour of arrest b) the service of the notice to such order to the prisoner
3. other circumstances (such as the time of surrender etc) c) the proceedings upon a petition for the release of such person
o illegality of detention is not cured by the filing of the information in court, because
a violation had already been committed
o remedy where warrant improperly issued Art. 127
if the accused was illegally detained because he was arrested without a The penalty of prision correccional shall be imposed upon any public officer or
preliminary examination, what should have been done was to set aside the employee who, not being thereunto authorized by law, shall expel any person from
warrant of arrest and order the discharge of the accused, but without the Philippine Islands or shall compel such person to change his residence.
enjoining the municipal judge from conducting a preliminary examination
and afterwards properly issuing a warrant of arrest.
o rights of the person detained Expulsion
1. he shall be informed of the cause of his detention o elements
2. he shall be allowed, upon his request, to communicate and confer at 1. that the offender is a public officer or employee
anytime with his attorney or counsel 2. that he
any violation shall be punished by arresto mayor a) expels any person from the Philippines, or
o Reason for the provision only an alien may be expelled from the Philippines
intended to prevent any abuse resulting from confining a person without b) compels a person to change his residence
informing him of his offense and without permitting him to go on bail 3. that the offender is not authorized to do so by law
“not being thereunto authorized by law”
Art. 124 Art. 125 only the court by a final judgment can order a person to change
There is no lawful ground There is lawful ground his residence.
one may be legally compelled to change his residence in: if the offender is a private individual or a public officer who is not involve
a) ejectment proceedings directly or indirectly of the implementation of a search warrant, he
b) expropriation proceedings committed “trespass to dwelling”
c) case of a conviction for the commission of a crime involving 2. that he is not authorized by judicial order to enter the dwelling and/or to
deprivation of liberty make a search therein for papers or other effects.
d) grant of probation – with a condition judicial order refers to search warrant
e) case of release on parole of a prisoner under the Circumstances qualifying the offense
Indeterminate Sentence Law – with a condition 1. if the offense is committed at nighttime
f) grant of temporary or permanent protection order under R.A. 2. if any papers or effects not constituting evidence of a crime are not returned
No. 9262 – with a condition immediately after the search made by the offender.
Art. 129
Art. 128 In addition to the liability attaching to the offender for the commission of any other
The penalty of prision correccional in its minimum period shall be imposed upon any offense, the penalty of arresto mayor in its maximum period to prision correccional
public officer or employee who, not being authorized by judicial order, shall enter in its minimum period and a fine not exceeding 1,000 pesos shall be imposed upon
any dwelling against the will of the owner thereof, search papers or other effects any public officer or employee who shall procure a search warrant without just
found therein without the previous consent of such owner, or, having surreptitiously cause, or, having legally procured the same, shall exceed his authority or use
entered said dwelling, and being required to leave the premises, shall refuse to do unnecessary severity in executing the same.
so.
If the offense be committed in the nighttime, or if any papers or effects not Search warrants maliciously obtained, and abuse in the service of those legally
constituting evidence of a crime be not returned immediately after the search made obtained
by the offender, the penalty shall be prision correccional in its medium and acts punishable
maximum periods. a) by procuring a search warrant without just cause
o elements
1. that the offender is a public officer or employee
Violation of domicile 2. that he procures a search warrant
acts punishable search warrant – an order in writing issued in the name of
a) by entering any dwelling against the will of the owner thereof the People of the Philippines, signed by a judge and directed
“Against the will of the owner” – there must be an express or implied to a peace officer, commanding him to search for personal
opposition or prohibition by the owner of the dwelling. property described therein and bring it before the court.
crime is not committed if entrance is only without the consent and search warrant may be issued
have given consent. a) subject of the offense
silence of the owner may show implied waiver. b) stolen or embezzled and other proceeds or fruits
the fact that the door was closed is an implied prohibition against of the offense
anyone from entering c) used or intended to be use as the means of
b) by searching paper or other effects found therein without the previous consent committing an offense
of such owner requisite
“Papers or other effects found therein” – must be found in the dwelling of 1. it should be issued upon probable cause
the owner probable cause – such facts and
crime is not committed when a public officer search a person outside circumstances which would lead a
his dwelling. reasonably discreet and prudent man to
“search” – an examination of a person’s body, property or other area that believe that an offense has been committed
the person would reasonably be expected to consider as private, conducted and that the objects sought in connection with
by a law enforcement officer for the purpose of finding evidence of a crime. the offense are in the place sought to be
c) by having surreptitiously entered said dwelling, and being required to leave the searched.
premises, shall refuse to do so 2. it should be issued in connection with one specific
“having surreptitiously entered said dwelling” offense
“the refusal of the offender to leave the premises” constitutes the crime 3. the probable cause should be determined
mere surreptitious entry does not consummate the offense personally by the judge after examination under
“surreptitious – unauthorized and clandestine; stealthly and fraudulently oath or affirmation of the complainant and the
done. witnesses he may produce
o elements 4. it must particularly describe the place to be
1. that the offender is a public officer or employee searched
only public officers or employees whose official duties involve directly or 5. it must particularly describe the things to be seized
indirectly the implementation of a search warrant. valid for 10 days from its date
test to determine sufficiency of an affidavit to warrant 2. that he is armed with search warrant legally procured
the issuance of a search warrant 3. that he searches the domicile, papers or other belongings of any person
a) whether it has been drawn in such a manner that 4. that the owner, or any member of his family, or two witnesses residing in the
perjury could be charged thereon in case the same locality are not present
allegations contained therein prove false
the felony of maliciously obtaining a search warrant Section 3 – Prohibition, interruption, and dissolution of peaceful meetings
cannot be complexed with perjury or other similar
offense
warrantless search Art. 131
a) search of moving vehicles The penalty of prision correccional in its minimum period shall be imposed upon any
b) seizure of evidence in plain view – plainly expose to public officer or employee who, without legal ground, shall prohibit or interrupt the
sight holding of a peaceful meeting, or shall dissolve the same.
o elements of plain view doctrine
1. a prior valid intrusion based on the valid The same penalty shall be imposed upon any public officer or employee who shall
warrantless arrest in which the police are legally hinder any person from joining any lawful association or from attending any of its
present in the pursuit of their official duties meetings.
2. the evidence was inadvertently discovered by
the police who have the right to be where there The same penalty shall be imposed upon any public officer or employee who shall
are prohibit or hinder any person from addressing, either alone or together with others,
3. the evidence must be immediately apparent any petition to the authorities for the correction of abuses or redress of grievances.
4. plain view justified mere seizure of evidence
without further search
c) customs searches Prohibition, interruption, and dissolution of peaceful meetings
d) waiver or consent searches o elements
o requisites 1. that the offender is a public officer or employee
1. it must appear that the right exists if the offender is a private individual, he committed the crime
2. the person involved had knowledge, actual or “disturbance of public order” as defined in Art. 153
constructive, of the existence of such right the public officer must act without legal ground
3. said person had an actual intention to relinquish must be a stranger, not a participant in the peaceful meeting (unjust
the right vexation)
e) stop and frisk situations 2. that the offender
f) warrantless search incidental to a lawful arrest a) prohibit or interrupt the holding of a peaceful meeting, or by dissolve
g) exigent and emergency situations the same
h) search of vessels and aircraft o elements
i) inspection of buildings and other premises for the 1. the meeting must be peaceful
enforcement of fire, sanitary and building regulations 2. there is no legal ground for prohibiting, or interrupting or
j) a search made to routine airport security procedure dissolving that meeting
3. that there is no just cause a) hinder any person from joining any lawful association or from attending
b) by exceeding his authority or by using unnecessary severity in the executing any of its meetings
a search warrant b) prohibit or hinder any person from addressing, either alone or together
o elements with others, any petition to the authorities for the correction of abuses
1. that the offender is a public officer or employee or redress of grievances
2. that he has legally procured a search warrant o elements
3. that he exceeds his authority or uses unnecessary severity in 1. association must be lawful
executing the same
Searching domicile without witnesses If the crime shall have been committed with violence or threats, the penalty shall be
o elements prision correccional in its medium and maximum periods.
1. that the offender is a public officer or employee
Interruption of religious worship
o elements
1. that the offender is a public officer or employee
2. that 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
circumstances qualifying the offense
1. violence or threat
Art. 133
The penalty of arresto mayor in its maximum period to prision correccional in its
minimum period shall be imposed upon anyone who, in place devoted to religious
worship or during the celebration of any religious ceremony, shall perform acts
notoriously offensive to the feelings of the faithful.
Art. 157. Evasion of service of sentence. — The penalty of prision correccional in its
medium and maximum periods shall be imposed upon any convict who shall evade
service of his sentence by escaping during the term of his imprisonment by reason
of final judgment. However, if such evasion or escape shall have taken place by
means of unlawful entry, by breaking doors, windows, gates, walls, roofs, or floors,
or by using picklocks, false keys, deceit, violence or intimidation, or through
connivance with other convicts or employees of the penal institution, the penalty
shall be prision correccional in its maximum period.
Art. 158. Evasion of service of sentence on the occasion of disorder, conflagrations,
earthquakes, or other calamities. — A convict who shall evade the service of his
sentence, by leaving the penal institution where he shall have been confined, on the
occasion of disorder resulting from a conflagration, earthquake, explosion, or similar
catastrophe, or during a mutiny in which he has not participated, shall suffer an
increase of one-fifth of the time still remaining to be served under the original
sentence, which in no case shall exceed six months, if he shall fail to give himself up
to the authorities within forty-eight hours following the issuance of a proclamation