Article 124. Arbitrary detention.

- Any public officer or employee who, without legal

grounds, detains a person.

ELEMENTS:
1. the offender is a public officer or employee;
2. he detains a person;
3. the detention is “Without legal grounds.”

WITHOUT LEGAL GROUNDS:

(1) When he has not committed any crime or, at least, there is no reasonable
ground for suspicion that he has committed a crime, or
(2) When he is not suffering from violent insanity or any other ailment requiring
compulsory confinement in a hospital.

ARBITRARY ILLEGAL DETENTION

DETENTION
The principal offender must The offender is a private person or a public
be a public officer. officer whose function does not include the
power to arrest
and detain a person.
The public officer has the duty to The private person or even if he is a public
arrest and detain a person. officer does not have the power to arrest and
detain a person.

Whether the crime is arbitrary detention or illegal detention, it is necessary that there
must be an
actual restraint of liberty of the offended party.

ARBITRARY UNLAWFUL ARREST

DETENTION
The offender is a public The offender may be any
officer who has the person.
authority to make arrest
and
detain.
The main reason for The purpose is to accuse the offended party with a crime he did not commit, to
detaining the offended deliver the person to the proper authority and to file the necessary charges in a way
party is to deny him of trying to incriminate him.
his liberty.
Remember the rule that when a person is unlawfully arrested,
his subsequent detention is without legal grounds.
Article 125. Delay in the delivery of detained persons to the proper judicial authorities.
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; or
b) 18 hours, for crimes or offenses punishable by correctional penalties, or
their equivalent; or
c) 36 hours, for crimes or offenses punishable by afflictive or capital
penalties, or their equivalent.

Article 126. Delaying release. - The penalties provided for in Article 124 shall be
imposed upon any public officer or employee who delays for the period of time
specified therein the performance of any judicial or executive order for the release of
a prisoner or detention prisoner, or unduly delays the service of the notice of such
order to said prisoner or the proceedings upon any petition for the liberation of such
person.

What are the acts that are being punished under Art 126? They are:
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.

Article 127. Expulsion.

ELEMENTS:
1) That the offender is a public officer or employee;
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.

2 examples of valid expulsion.

1. the power of immigration
2. the ejectment case

Another, when the penalty impose is destierro, or your not allowed to enter a
specific place. So that’s one of the instances to banish to some other place.
Article 128. Violation of domicile
Elements:
1) That the offender is a public officer or employee.
2) That he is not authorized by judicial order to enter the dwelling and/or to make a
search therein for papers or other effects.

Circumstances qualifying the offense

1. If it is committed at night time; or
If any papers or effects not constituting evidence of a crime are not returned
immediately after the search made by offender

Article 130. Searching domicile without witnesses. - The penalty of arresto mayor in its
medium and maximum periods shall be imposed upon a public officer 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.

The offender in this case is armed with a valid search warrant. Who must be
present here when the valid search is conducted in the domicile?
 The house owner.
 In his absence, any member of his family of sufficient discretion. So, you
cannot have a valid search if you have an 8-year-old girl.
 In the absence of the two, at least 2 witnesses residing in the same
community.