Title II
No crime was
Crimes against the fundamental
laws of the State:
OFFENDERS: Public
officers who are acting
under their official function
provided that it is illegal
except as to the last crime
under Art. 133 – refers to
any person. A private
person can also be liable
under title II of this code
if he conspires with a
public officer. What is
required is that the principal
offender must be a public
officer, thus if the private
individual conspires or
becomes an accessory or
accomplice in the
commission of the crime,
he becomes liable for the
same.
COUNTERPART: Title IX
Crimes against Personal
Liberty and Security which
is committed by a private
person.
Arbitrary detention and
expulsion
Art. 124. Arbitrary detention
ELEMENTS:
1. The offender is a public
officer or employee;
2. He detains another person;
3. The detention is without
legal grounds, meaning:
a.
committed by the
detained;
b. That the detained
is not violently
insane; or
c. That he has no
ailment which
requires
compulsory
confinement in a
hospital
DETENTION – A person placed
in a confinement or there is
restraint on her person.
ARREST WITHOUT WARRANT
is the most usual form of arbitrary
detention.
Who can commit the crime of
arbitrary detention?
 Public officers or
employees
How is arbitrary detention
committed?
 When a public officer or
employee detains a person
without legal grounds.
When is there “detention”?
 There is detention when a
person is placed in a
confinement or there is
restraint in his person.
When is detention “without legal
grounds”?
 1. When no crime is
committed by the detained
person;
2. When the detained is not
violently insane; or
 3. When the detained has  Yes, when without malice
no ailment that would one would arrest another.
require compulsory
confinement in a hospital. Does the law fix any minimum
period of detention?
When is arrest lawful?
 No, in the case of US v
 Arrest is lawful when there Braganza a councilor and a
is warrant properly issued barrio lieutenant were
by the court, served by the convicted of arbitrary
public officer or employee detention , even if the
against a person who offended party was
committed a crime. detained for less than an
hour.
WARRANTLESS ARREST
IS AN EXCEPTION. It is
lawful under the Art. 125. Delay in the delivery
circumstances of an in of detained persons to the
flagrante delicto, hot proper judicial authorities.
pursuit, or escaping ELEMENTS:
prisoner.
1. The offender is a public
officer or employee;
Compare illegal detention from 2. The he detains a person for
unlawful arrest. some legal grounds;
 Illegal detention is 3. That he fails to deliver such
committed by a private person to the proper
person or a public officer judicial authorities within:
in his private capacity a. 12 hours for light
and deny the offended penalties;
party of his liberty while b. 18 hours for
unlawful arrest is correctional
committed by anyone and penalties;
the offended party was c. 36 hours for
accused of a crime he did afflictive or capital
not commit, deliver him penalties.
to the proper authority
and file the necessary
charges to incriminate
him.

Compare arts. 124 and 125.

Can arbitrary detention be
 In the Arbitrary detention
committed through negligence?
under Art. 124 – the
 detention is illegal from the
beginning while under Art.
125 – the detention is of
legal ground but the
illegality starts from the
expiration of any period
of time specified therein,
without the prisoner
being delivered to the
proper judicial authority.
When does the detention
become arbitrary?
 1. Applicable period lapses;
2. Without the arresting
officer filing a formal charge
with the proper court.
How is the person arrested
“delivered” as provided in art.
125?
 A person who has been
arrested is deemed
delivered by filing correct
information with the
proper court (or
constructive delivery ---
turning over the person
arrested to the jurisdiction
of the court). The purpose
of which is to know
whether the offense is
bailable or nt.
What is custodial investigation?
 Any questioning initiated
by law enforcement
authorities after a person
is taken into custody or
otherwise deprived of his
freedom of action in any
significant manner.
What the mandatory duty of the
arresting officer under RA 7438?

What is the rationale for the
provision of art. 125?
 It is to prevent any abuse
resulting from confining
a person without
informing him of his
offense and without
permitting him to go on
bail.
To what do the words “judicial
authority” refer?
 It means the courts of
justice or the judges of
the said courts vested
with the judicial power to
order the temporary
detention or confinement
of a person charged with
having committed a
public offense.
Art. 126. Delaying Release.
ELEMENTS:
1. Offender is a public officer
or employee;
2. There is a judicial or
executive order for the
release of a prisoner or
detention prisoner, OR A
proceeding upon a petition
for the liberation of such
person;
3. Offender without good
reason delays –
 i. the service of  2ND PAR., ARTICLE 125:
the notice of 1. To be informed of
such order to the cause of his
the prisoner; detention; and
ii. the 2. To be allowed,
performance upon his request
of such to communicate
judicial or and confer at any
executive time with his
order for the attorney or
release of the counsel.
prisoner; OR  RA 7438:
iii. the 1. Right to counsel;
proceedings 2. Right to be
upon a informed of his
petition for the right to remain
release of silent and to
such person. counsel;
3. Right to be
allowed to visit.
What are the acts punishable
under art. 126 on delaying
release? What is the remedy when the
warrant is improperly issued?
 1. Delaying the
performance of a judicial or  Set aside the warrant of
executive arrest and order the
order for the release of a discharge of the accused,
prisoner; but without enjoining the
municipal judge from
conducting a preliminary
2. Unduly delaying the
examination and afterwards
service of the notice of
properly issuing a warrant
such of arrest.
order to said prisoner;

3. Unduly delaying the Compare 125 and 126.

proceedings upon any 
petition
for the liberation of such
person.
What are the rights of the
person detained?
Art. 127. Expulsion. PERSON THE OFFENSE IS
GRAVE COERCION
ELEMENTS:
 Offender is a public officer
Violation of Domicile
or employee;
 That he either:
Art. 128. Violation of Domicile.
1. Expels a person
from the ELEMENTS:
Philippines; or
1. That the offender is a
2. Compels a person
public officer or employee;
to change
2. That he is not authorized
residence
by a judicial order to enter
 The offender is not
the dwelling and/or make a
authorized to do so by law.
search therein for paper or
What are the acts punishable as other effects.
expulsion?
What are the acts punishable as
 1. Expelling a person from violation of domicile?
the Philippines.
 1. Entering the dwelling
2. Compelling a person to
against the will of the
change residence.
owner;
What is the crime of expulsion?
2. Searching papers or
 A crime of expulsion is
other effects found therein
when a public officer who is
without previous consent of
not vested with authority of
such owner;
the law, expels a person
from the Philippines or
3. Refusing to leave the
compels the person to
premises after having
change residence.
surreptitiously entered the
said dwelling and after
Who are the persons authorized having been required to
by law to expel or compel leave the same.
persons to change abode?
 Only the court by final How is the crime of Violation of
judgement can order a domicile committed and by
person to change his whom?
residence.
 It is committed by entering
the dwelling or searching
papers or other effects
Note: WHEN EXPULSION IS
found therein by a public
COMMITTED BY A PRIVATE
officer or employee when it
 is either against the will of
the owner or in the
absence of search warrant.
What is the meaning of “search”
in this article?
 Search in this article is not
limited to looking at what
is in the house but more
of inspecting the things
in order to find what must
be found in the dwelling.
What are the circumstances that
will qualify the offense?
 1. If the offense is
committed at nighttime;
2. If any of the papers or
effects not constituting
evidence of a crime are not
returned immediately after
the search made by the
offender.
Art. 129. Search Warrants
maliciously obtained and
abuse in the service of those
legally obtained.
SEARCH WARRANT
MALICIOUSLY OBTAINED:
 Acts punishable under
this article?
- Procuring a search
warrant without just
cause
 ELEMENTS:
1. Offender is a public
officer or employee;
2. He procures a search
warrant;
3. That there is no just
cause.
ABUSE IN THE SERVICE OF
WARRANT LEGALY
OBTAINED:
 Acts punishable under
this article?
- Exceeding his authority
or using unnecessary
severity in executing a
search warrant legally
procured.
 ELEMENTS:
1. Offender is a public
officer or employee;
2. He has legally procured
a search warrant;
3. He exceeds his authority
or uses unnecessary
severity in executing the
same.
Define search warrant.
 A search warrant is an
order in writing –
• Signed by a judge
• Directed to a peace
officer, commanding
him to search for
personal property
described therein and
bring it before the
court
What are the personal properties
to be seized?
 1. Subject of the offense;
2. Used or intended to be
used as a means of
committing an offense;
 3. Stolen or embezzled and
other proceeds or fruits of
the offense.
What is probable cause?
 Probable cause for a
search is defined as such
facts and circumstances
which would lead a
reasonably discreet and
prudent man to believe that
an offense has been
committed and that the
object sought in connection
to such offence is in the
place sought to be
searched.
When is a search warrant
deemed to have been procured
without just cause?
 When it appears on the
face of the affidavits filed in
support of the application
therefor, or through other
evidence, that the applicant
had every reason to
believe that the search
warrant sought for was
unjustified.
What is the test of lack of just
cause?
 Whether the affidavit filed
in support of the application
for search warrant has
been drawn in such a
manner that perjury could
be charged thereon and
affiant be held liable for
damages caused.
Art. 130. Searching domicile
without witnesses.
ELEMENTS:
1. That the offender is a
public officer or employee.
2. That he is armed with
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.
Compare art. 128 with arts. 129
and 130.
 ARTICLE 128 the offense
punished is entering the
domicile or searching for
papers and other effects
without the consent or
against the will of the
owner of the dwelling;
 ARTICLE 129, what is
punished is either the
procurement of a search
warrant without just
cause or the abuse or the
use of unnecessary
means to execute the
same by the offender;
 ARTICLE 130, the act
punished here is the actual
searching of the
domicile, papers or other
belongings in the
absence of a witness/es.
 redress of
grievances
Prohibition, interruption and
dissolution of peaceful meetings
What are the acts punishable
under art. 131?
Art. 131. Prohibition,
interruption and dissolution of  1. By prohibiting or by
peaceful meetings. interrupting, without legal
ground, the holding of a
ELEMENTS:
peaceful meeting, or by
1. Offender is a public officer dissolving the same.
or employee;
2. He performs any of the 2. By hindering any person
following acts: from joining any lawful
a. prohibiting or by association or from
interrupting, attending any of its
without legal meetings.
ground, the
holding of a 3. By prohibiting or
peaceful hindering any person from
meeting, or by addressing, either alone or
dissolving the together with others, any
same; petition to the authorities
for the correction of abuses
b. hindering any or redress of grievances.
person from
joining any
Can a private individual commit
lawful
this crime?
association, or
attending any of  No, a private individual
its meetings; cannot commit this crime.
Only a public officer or
c. prohibiting or employee can commit this
hindering any crime. If the offender is a
person from private individual, the crime
addressing, is disturbance of public
either alone or order denned in Art. 153.
together with
Is the denial of a petition to hold
others, any
public meeting a violation of this
petition to the
article?
authorities for
the correction  No, when the meeting to be
of abuses or held is not peaceful, there
 is legal ground of
prohibiting it.
If the offender is a participant of
the meeting can he be liable
under this article?
 No, the offender must be a
stranger, not a participant
in a peaceful meeting.
Crimes against religious worship
Art. 132. Interruption of
religious worship.
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.
What are the circumstances that
will qualify this felony?
 WHEN IT WAS
COMMITTED BY
VIOLENCE OR THREAT.
Art. 133. Offending religious
feelings.
ELEMENTS:
1. That the acts complained of
were performed:
a. In a place devoted to
religious worship, or
b. during the celebration of
any religious ceremony.
2. That the acts must be
notoriously offensive to the
feelings of the faithful.
What is meant by “a place
devoted to religious worship”?
 It indicates that a religious
ceremony need not be
celebrated in a place of
worship.
What is meant by
“religious ceremonies?
 Religious ceremonies are
those religious acts
performed outside of a
church, such as
processions and special
prayers for burying dead
persons
What are the religious
ceremonies or manifestations
covered by arts. 132 and 133?

Who is offense to religious
feelings determined?
 It is determined against the
offender and in favor of or
in the point of view of the
offended party.