Section One.

- Arbitrary Detention and Expulsion 

“No person shall be deprived of liberty without due process of law...” (Sec.1 Art. III. Bill of Rights, Constitution) 
 Articles 124, 125 and 126 of RPC punish any public officer or employee in cases where an individual
was unlawfully deprived of liberty

Crime Elements Important Points to Remember Penalty

ARBITRARY 1. Offender is a Lawful Arrest Without Warrant  Detention has not

DETENTION  public officer or a.) when, in his presence, the person to be arrested has exceeded three (3)
employee   committed, is actually committing or is attempting to days - arresto mayor
ARTICLE 124. Any   commit an offense  in its maximum period
public officer or 2. He detains a “In his Presence”   to prisión
employee who, without person   (1) officer sees the offense being committed, although correccional in its
legal grounds, detains a   at a distance, or hears the disturbance created thereby minimum period
person, shall suffer:  3. Detention is and proceeds at once to the scene thereof 
1. The penalty without legal (2) the offense is continuing or has not been Detention has
of arresto mayor in its grounds  consummated at the time of the arrest is made  continued for more
maximum period     than three (3) but not
to prisión correccional i Detention – actual b.) when an offense has just been committed and he has more than fifteen
n its minimum period, if confinement of a probable cause to believe based on personal knowledge (15) days - prisión
the detention has not person in an of facts and circumstances that the person to be correccional in its
exceeded three days;  enclosure or any arrested has committed it.  medium and
2. The penalty manner detaining Probable Cause - actual belief or reasonable grounds maximum periods
of prisión correccional i and depriving him of suspicion. 
n its medium and of his liberty and   Detention has
maximum periods, if the restraint in his c.) when a person to be arrested is a prisoner who has continued for more
detention has continued person.   escaped from a penal establishment or place where he than fifteen (15) days
more than three but not   is serving final judgement or temporarily confined but not more than six
more than fifteen days;  Detention is while his case is pending or has escaped while being (6) months - prisión
3. The penalty without Legal transferred from one confinement to another.  mayor
of prisión mayor, if the grounds:    
detention has continued 1. When he who Note:  Detention shall have
for more than fifteen was detained has 1. Arrest without warrant is the usual cause of arbitrary exceeded six months -
days but not more than not committed any detention   reclusión temporal
six months; and  crime or, at least, 2. The public officers liable for arbitrary detention
4. That there is no must be vested with authority to detain or order the
of reclusión temporal, if reasonable ground detention of persons accused of a crime, but when they
the detention shall have for suspicion that detain a person, they have no legal grounds.  Persons Liable:
exceeded six months.  he has committed a 3. There is restraint when there is intent to prevent the Public officers and
      The commission of a crime; or   departure of the complainants and witnesses against employees: Judges,
crime, or violent insanity   their will for fear of their life.  Mayors, Barangay
or any other ailment 2. When he who 4. The law does not fix any MINIMUM period of Captains, Municipal
requiring the compulsory was detained is not detention.  Councilors,
confinement of the suffering from 5. There is arbitrary detention thru imprudence and Policemen, etc.
patient in a hospital, shall violent insanity or negligence. 
be considered legal any other ailment 6. The legality of the detention of a person does not
grounds for the detention requiring depend upon the actual commission of a crime by him, - If the offender is a
of any person compulsory but upon the nature of his deed when its private individual, the
confinement in a characterization as a crime may be inferred by the crime is illegal
hospital  officer.  detention (Art. 267-
7. The commission of the crime is an essential 268)
precondition in effecting arrest without warrant even
when there is a reasonable ground that the person
Exception: Private
arrested has committed a crime.
individuals who
conspired with public
officers in detaining
another is liable for
arbitrary detention.
 Crime Elements Important Points to Remember Penalty

DELAY IN THE 1. Offender is a Proper Judicial Authorities – courts of justice or judges Same as next 
DELIVERY OF public officer or or said courts vested with judicial power to order the preceding 
DETAINED employee  temporary detention or confinement of a person charged article: 
PERSONS TO THE   with   
PROPER JUDICIAL 2. He has detained a having committed a public offense  (a) Within 12
AUTHORITIES  person for some legal   hours 
ground  Rights of Person Detained:  for light penalties 
Art. 125. The penalties   1. He shall be informed of the cause of his detention   
provided in the next 3. He fails to deliver 2. He shall be allowed, upon his request, to communicate (b) Within 18
preceding article shall be such person to the and confer at any time with his attorney or counsel  hours 
imposed upon the public proper judicial    for corrective 
officer or employee who authorities within:  Note:  penalties 
shall detain any person (a) 12 hours for 1. Detention must be for some legal ground at the  
for some legal ground offenses punishable beginning but becomes illegal after a certain period has (c) Within 36
and shall fail to deliver by light penalties or  elapsed and the accused was not delivered to the proper hours 
such person to the proper their equivalent  judicial authority.  for afflictive or 
judicial authorities (b) 18 hours for Exception: If the arrest is made with a warrant, the capital penalties
within the period of; offenses punishable accused can be detained indefinitely until his case is
twelve (12) hours, for by corrective  decided by the court or he posts a bail for his temporary Detention has
crimes or offenses penalties or their release because there is already a complaint or not exceeded
punishable by light equivalent  information filed against him with the court which issued three (3) days -
penalties, or their (c) 36 hours for the order or warrant of arrest and it is not necessary to arresto mayor in
equivalent; eighteen (18) offenses punishable deliver the person thus arrested to the court.  its maximum
hours, for crimes or by afflictive or    period to prisión
offenses punishable by capital  2. Delivery does not consist in a physical  correccional in its
correctional penalties, or or their equivalent  delivery, but in making an accusation or  minimum period
their equivalent and   charge or filing of an information against person arrested
thirty-six (36) hours, for Circumstances with the corresponding court or judge.   Detention has
crimes, or offenses considered in    continued for
punishable by afflictive determining liability 3. The duty of the detaining officer is deemed  more than three
or capital penalties, or of officer detaining complied with upon the filing of the complaint with the (3) but not more
their equivalent.  a person beyond judicial authority.  than fifteen (15)
      In every case, the legal period:    days - prisión
person detained shall be 1. means of 4. Violation of Art. 125 does not affect the legality of the correccional in its
informed of the cause of communication  confinement of the person arrested because of a warrant medium and
his detention and shall 2. hour of arrest  subsequently issued by a competent court when an maximum periods
be allowed upon his 3. other information was filed therein. 
request, to communicate circumstances (time,   Detention has
and confer at any time etc.)  5. The illegality of the detention is not cured by  continued for
with his attorney or The subsequent filing of the information in court  more than fifteen
counsel.   (15) days but not
6. Detained person should be released when a judge is not more than six (6)
available upon the expiration of the maximum hours of months - prisión
detention under Art. 125.   mayor
 
7. Provisions of Article 125 may be waived if  Detention shall
Person arrested asked for preliminary examination  have exceeded
  six months -
  reclusión
8. If the offender is a private person, the crime  temporal
is illegal detention 
  
9. Fiscal is not liable, unless he ordered the detention.
 Crime Elements Important Points to Remember Penalty
Same as Article 124: 
DELAYING 1. That offender is a public officer * Wardens and jailers are the  
RELEASE  or employee   public officers most likely to Detention has not exceeded
  violate Article 126  three (3) days
Art. 126. The 2. There is a judicial or executive   - arresto mayor in its
penalties provided for order for the release of a prisoner Three Acts Punished:  maximum period
in article 124 shall be or detention prisoner, or that there (1) delaying the performance of a to prisión correccional in its
imposed upon any is a proceeding upon a petition for judicial or executive order for the minimum period 
public officer or the liberation of such person   order of the release of a prisoner    
employee who delays   (2) unduly delaying the service of Detention has continued for
for the period of time 3. The offender without good the notice of such judicial or more than three (3) but not
specified therein the reason delays:   executive order for the release of more than fifteen (15) days
performance of any a. the service of the notice of such the prisoner   - prisión correccional in its
judicial or executive order to the prisoner   (3) unduly delaying medium and maximum
order for the release b. the performance of such the proceedings upon a petition for periods 
of a prisoner or judicial or executive order for the the release of such person  
detention prisoner, or release of the prisoner   Detention has continued for
unduly delays the c. the proceedings upon a petition more than fifteen (15) days
service of the notice for the release of such person  but not more than six (6)
of such order to said months - prisión mayor 
prisoner or the  
proceedings upon any Detention shall have
petition for the exceeded six months
liberation of such - reclusión temporal 
person.

“The liberty of the abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order
of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety or public health, as
may provided by law.” - (Sec.6 Art. III. Bill of Rights, Constitution) 
 Art. 127 punishes public officer or employee who shall unlawfully expel a person from the Philippines or compel a person to
change his residence. 

Crime Elements Important Points to Remember Penalty

 
EXPULSION 1. Offender is a public officer or * Only the court by a final prisión correccional 
employee   judgment can order a person to
Art. 127. The penalty   change his residence, illustrated in
of prisión 2. He expels any person from the ejectment proceedings,
correccional shall be Philippines or compels a person to expropriation proceedings and in
imposed upon any change his residence   the penalty of destierro. 
public officer or  
employee who, not 3. The offender is not authorized to
being thereunto do so by law
authorized by law,
shall expel any
person from the
Philippine Islands or
shall compel such
person to change his
residence.
 Section Two. - Violation of Domicile 
 
“The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of
whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable
cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he
may produce, and particularly describing the place to be searched and the persons or things to be seized.” - (Sec.6 Art. III. Bill of
Rights, Constitution) 
 Arts. 128, 129 and 130 punish any public officer or employee who shall violate such rights 

Crime Elements Important Points to Remember Penalty

VIOLATION OF Acts Punished:  Circumstances Qualifying the Offense:   prisión correccional i

DOMICILE  1. By entering any dwelling
Art. 128. The penalty
of prisión correccional in
its minimum period shall
be imposed upon any
public officer or employee
who, not being authorized
by judicial order, shall
enter any dwelling against
the will of the owner
thereof, search papers or
other effects found therein
without the previous
consent of such owner, or,
having surreptitiously
entered said dwelling, and
being required to leave
the premises, shall refuse
to do so.  or employee   incriminating evidence founds in the
 
      If the offense be
committed in the night-
time, or if any papers or
effects not constituting
evidence of a crime be not
returned immediately
after the search made by
the offender, the penalty
shall be
prisión correccional in its
medium and maximum
periods.  announcing his authority and
against the will of the owner
thereof; or   b. If any papers or effects not constituting
 
2. By searching papers or
other effects found therein
without the previous consent
of such owner; or   1. A public officer or employee is
 
3. By refusing to leave the
premises, after having
surreptitiously entered said
dwelling and after having
been required to leave the
same   said owner, whether express or implied; if
 
Elements Common to the
Three Acts:  
1. Offender is a public officer
 
2. He is not authorized by
judicial order to enter the
dwelling and / or to make a
search therein for papers and
other effects 
 
Exception: An officer has the
right to break into a building
or enclosure when making an
arrest if he is refused
admittance thereto even after
purpose.
a. If the offense is committed at nighttime; n minimum  
or    
prisión correccional i
evidence of a crime are not returned n medium and
immediately after the search was made  maximum if with
  Qualifying
Note:  circumstances of
nighttime, or if any
authorized by judicial order when he is papers or effects not
armed with a search warrant duly issued by constituting evidence
the court   of a crime be not
  returned immediately 
2. “Against the will of the owner”
presupposes opposition or prohibition by
it is only without the consent of the owner,
the crime is not committed  
 
3. Absent a search warrant, no amount of
dwelling, whatever, its source, will supply
the place of such warrant.  
 
4. Papers of other effects must be found in
the dwelling 
 
5. The right to be secure from unreasonable
search may be waived and such waiver
may be made expressly or impliedly.  
 
6. If the crime is committed by a private
individual, the crime committed is trespass
to dwelling. 
 Crime Elements Important Points to Remember Penalty

SEARCH Acts Punished:   Search Warrant – an order in writing arresto mayor in

WARRANTS 1. By procuring a search warrant without issued in the name of the People of the its maximum
MALICIOUSLY just cause   Philippines, signed by a judge and period to prisión
OBTAINED (a) Offender is a public officer or directed to a peace officer, commanding correccional in its
AND ABUSE IN employee   him to search for personal property minimum period
THE SERVICE (b) Procures a search warrant   described therein and bring it before the and a fine not
OF THOSE (c) There is no just cause   court   exceeding
LEGALLY     ₱200,000.00
OBTAINED 2. By exceeding his authority or by using Probable Cause – such reasons,
unnecessary severity in executing a search supported by facts and circumstances, as
Art. 129. In warrant legally procured   will warrant a cautious man in the belief
addition to the (a) The offender is a public officer or that his action, and the means taken in Liability
liability attaching employee   prosecuting it, are legally just and proper  attaching to
to the offender for (b) He has legally procured a search   offender for
the commission of warrant   Moncado Ruling: papers and effects commission of
any other offense, (c) He exceeds his authority or uses obtained during unreasonable search and any other offense
the penalty of unnecessary severity in executing the same   seizures or under a search warrant issued – the public
arresto mayor in   without probable cause and not in officer procuring
its maximum Requisites for Issuing Search Warrant  accordance with the procedure prescribed, a search warrant
period to prisión 1. probable cause in connection with one or in violation of the privacy of without just cause
correccional in its specific office determined personally by the communication and correspondence, may also be held
minimum period judge.  these articles are fruits of the poisonous liable for
and a fine not 2. examination under oath or affirmation of tree and are not admissible as evidence   PERJURY if they
exceeding the complainant and his witnesses   made a willful
₱200,000 pesos particularly describing the place to be Note:  and deliberate
shall be imposed searched and the things to be seized which 1. Search warrant is valid for 10 days assertion of
upon any public may be anywhere in the Philippines.  from its date of issuance  falsehood in the
officer or * The oath required must refer to the truth   affidavit filed in
employee who of the facts within the personal knowledge 2. The true test of lack of just cause is support of the
shall procure a of the applicant for search warrant, not the whether the affidavit filed in support of application for
search warrant facts reported to him by a person who he the application for search warrant has search warrant
without just considers reliable.  been drawn in such a manner that perjury and is separate
cause, or, having   could be charged thereon and affiant be and distinct from
legally procured Personal Property to be Seized:   held liable for damages caused  the crime
the same, shall a. Subject of the offense    punished under
exceed his b. Stolen or embezzled and other proceeds 3. Search and seizure without warrant Art. 129.
authority or use or fruits of the offense  incident to lawful arrest is legal because
unnecessary c. Used or intended to be used as the means the seized things connected with the
severity in of committing an offense   crime are the means by which it was
executing the   committed. 
same. Receipt of Seized Property: The officer  
seizing property under a search warrant 4. Peace officers may enter house of an
must give detailed receipt for the same to:  offender who committed an offense in
1. lawful occupant of the premises in whose their presence  
presence the search and seizure were made   
2. in the absence of such occupant, two (2) 5. Search and seizure of vessels without a
witnesses of sufficient age and discretion search warrant is legal because they can
residing in the same locality.  be quickly moved out of the locality or
  jurisdiction in which the search warrant
Lawful Break-in: The officer may break must be sought before such vehicle can be
open any outer or inner door or window of a searched.
house or any part of the house if: 
(a) he was refused admittance, even after
giving notice of his authority and purpose,
in order to affect the search 
(b) liberate himself or any person lawfully
 aiding him when unlawfully detained
therein

Crime Elements Important Points to Remember Penalty

SEARCHING 1. The offender is a public officer or Search – to go over or look thru for the  
DOMICILE employee   purpose of finding something; to arresto mayor in
WITHOUT   examine  its medium and
WITNESSES  2. He is armed with search warrant   maximum periods 
legally procured   Note: 
Art. 130. The   1. Search without warrant under the Tariff
penalty 3. He searches the domicile, papers or and Customs Code does not include a
of arresto mayor in other belongings of any person   dwelling house. 
its medium and  
maximum periods 4. The owner, or any member of his
shall be imposed family, or two witnesses residing in the
upon a public officer same locality are not present 
or employee who, in
cases where a search
is proper, shall
search the domicile,
papers or other
belongings of any
person, in the
absence of the latter,
any member of his
family, or in their
default, without the
presence of two
witnesses residing in
the same locality. 
 Section Three. - Prohibition, Interruption, and Dissolution of Peaceful Meetings 
 
No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to
assemble and petition the government for redress of grievances. - (Sec.6 Art. III. Bill of Rights, Constitution) 
 Arts. 131 punishes any public officer or employee who shall violate the right of the people to peaceably assemble and
petition the government for redress of grievances. 

Crime Elements Important Points to Remember Penalty

PROHIBITION, 1. Offender is a public officer 1. If the crime is committed by a private prisión correccional i

INTERRUPTION, or employee   individual, the crime committed is n its minimum period 
AND DISSOLUTION   Disturbance of Public Order (Art. 153) 
OF PEACEFUL 2. He performs any of the  
MEETINGS  following acts:   2. When the offender is a participant in the
a. Prohibiting or interrupting, peaceful meeting, the crime committed is
Art. 131. The penalty without legal ground, the unjust vexation. 
of prisión correccional i holding of a peaceful meeting,  
n its minimum period or by dissolving the same   3. The right to freedom of speech and to
shall be imposed upon b. Hindering any person from peaceably assemble may be regulated in
any public officer or joining any lawful association order that it may not be injurious to the
employee who, without or from attending any of its equal enjoyment of others having equal
legal ground, shall meetings   rights nor injurious to the right of the
prohibit or interrupt the c. Prohibiting or hindering any community and society – this power may
holding of a peaceful person from addressing, either be exercised under the police power of the
meeting, or shall dissolve alone or together with others, State. 
the same.  any petition to the authorities  
        for the correction of abuses or 3. When the meeting to be held is not
        The same penalty redress of grievances  peaceful, there is legal ground for
shall be imposed upon a prohibiting it  
public officer or  
employee who shall 4. Interruption of the person who spoke
hinder any person from about prohibited subject at a public meeting
joining any lawful contrary to agreement is legal 
association or from  
attending any of its 5. There is no legal ground to prohibit the
meetings.  holding of a meeting when the danger
  apprehended is not imminent and the evil to
       The same penalty be prevented is not a serious one. - to
shall be imposed upon justify suppression of free speech, there
any public officer or must be reasonable ground to believe that
employee who shall the danger apprehended is imminent and
prohibit or hinder any the evil to be prevented is a serious one. 
person from addressing,
either alone or together
with others, any petition
to the authorities for the
correction of abuses or
redress of grievances. 
“No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and
enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall
be required for the exercise of civil or political rights.” - (Sec.6 Art. III. Bill of Rights, Constitution) 
 Arts. 132 and 133 punish violations of the right to free exercise and enjoyment of religious profession and worship. 

Crime Elements Important Points to Remember Penalty

 
INTERRUPTION OF 1. Offender is a public officer or 1. Persons who meet for the purpose prisión correccional in
RELIGIOUS employee   of religious worship by any method its minimum period 
WORSHIP    which is not indecent and unlawful  
2. Religious ceremonies or have the right to do so without being prisión correccional in
Art. 132. The penalty manifestations of any religion are molested or disturbed.   its medium and
of prisión correccional i about to take place or are on-   maximum period – if
n its minimum period going.   2. Reading a bible and then attacking violence or threats is
shall be imposed upon   certain churches in a public plaza is attendant with the
any public officer or 3. Offender prevents or disturbs not a ceremony of manifestation of commission of the
employee who shall the same   religion, but only a meeting of a crime. 
prevent or disturb the   religious sect 
ceremonies or Qualifying Circumstance:       
manifestations of any the crime is committed with
religion.  violence or threats 
        If the crime shall
have been committed
with violence or threats,
the penalty shall be
prisión correccional in
its medium and
maximum periods.

OFFENDING THE 1. Acts complained of were Religious Ceremonies – religious arresto mayor in its
RELIGIOUS performed:  acts performed outside of a church, maximum period
FEELINGS  a. In a place devoted to religious such as processions and special to prisión correccional i
worship, or  prayers for burying dead person  n its minimum period
Art. 133. The penalty of b. During the celebration of any  
arresto mayor in its religious ceremony  1. It is not necessary that there is a
maximum period to   religious ceremony going on when the
prisión correccional in 2. The acts must be notoriously offender performs acts notoriously
its minimum period shall offensive to the feelings of  offensive to the feelings of the
be imposed upon anyone the faithful  faithful 
who, in a place devoted - these are acts directed against  
to religious worship or religious practice or dogmas or 2. There must be deliberate intent to
during the celebration of ritual for the purpose of ridicule, hurt the feelings of the faithful 
any religious ceremony as mocking or scoffing at  
shall perform acts or attempting to 3. Offense to feelings is judged from 
notoriously offensive to damage/desecrate.  complainant’s point of view and not
the feelings of the from the offender. 
faithful.  
4. Utterances offensive to religious
feelings must be made in the place
devoted to religious worship or in a
place where the religious ceremony
was being celebrated.