MODULE: Criminal Law: Book II

Chapter III
Crimes Against the
Fundamental Law of the State

At the end of this chapter the student should be able to:

Arbitrary Detention (Article 124)
• Understand the Specific crimes and their elements
• Recognize crimes against the fundamental Law of
the State.

Under Article 124 of the Revised Penal Code, Arbitrary detention is

committed when the following elements of the crime are present: (1) That the
offender is a public officer or employee; (2) That the offender detains a person;
(3) That the detention is without legal grounds.

There can be no arbitrary detention without

confinement or restraint of person. A public
functionary who, except by reason of a crime,
detains a person without authority of law or
general regulations in force in the Philippines,
is guilty of arbitrary detention (US v. Braganza,
et al., 10 Phil. 79).

Arbitrary detention is committed by a public officer or employee while

illegal detention is committed by a private person.

The legal grounds for detention of any person are: (1) The commission of
a crime (2) Violent insanity or other ailment requiring the compulsory
confinement of a patient in a hospital.

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Delay in the Delivery of Detained Persons to the Proper Judicial Authorities

(Article 125)

The elements of the crime are thus: (1) That the offender is a public
officer or employee; (2) That he detains a person for some legal ground; (3)
That he fails to deliver such person to the proper judicial authorities within the
period of – (a) twelve (12) hours, for crimes or offenses punishable by light
penalties, or their equivalent; (b) eighteen (18) hours, for crimes or offenses
punishable by correctional penalties, or their equivalent; and (c) thirty-six (36)
hours, for crimes or offenses punishable by afflictive or capital penalties, or
their equivalent.

Judicial Authorities refer to the Supreme Court

and such inferior courts as may be established
by la. A fiscal or private prosecutor is not
considered a judicial authority under Article
125. (See Gayo v. Chief of Police, 80 Phil. 859)

Expulsion (Article 127)

The elements of expulsion are: (1) That the offender is a public officer or
employee; (2) That he either – (a) expels any person from the Philippines or (b)
compels such person to change his residence; (3) That the offender is not
authorized to do so under law.

Violation of Domicile (Article 128)

Acts punished under Article 128 are: (1) Entering any dwelling against the
will of the owner thereof; (2) Searching papers or other effects found therein
without the previous consent of such owner; or (3) Refusing to leave the
premises, after having been required to leave the same.

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The common elements of the foregoing acts are: (1) That the offender is a
public officer or employee; (2) That he is not authorized by judicial order to
enter the dwelling or to make a search therein for papers or other effects.

Search Warrants Maliciously Obtained and Abuse in the Service of those Legally
Obtained (Article 129)
The acts punished under Article 129 and their respective elements are:
1. Procuring a search warrant without just cause: (a) That the offender is a
public officer or employee; (b) That he procures a search warrant; (c)
That there is no just cause.
2. Exceeding authority or using unnecessary severity in executing a search
warrant legally procured: (a) That the offender is a public officer or
employee; (b) That he has legally procured a search warrant; (c) That he
exceeds his authority or uses unnecessary severity in executing the same.

Searching Domicile without Witnesses (Article 130)

The elements of this crime are as follows: (1) That the offender is a public
officer or employee; (2) That he is armed with a 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.

Prohibition, Interruption, and Dissolution of Peaceful meetings (Article 131)

The elements of the crime are: (1) That the offender is a public officer or
employee; (2) That he performs any of the following acts – (a) prohibiting or
interrupting, without legal ground, the holding of a peaceful meeting, or by
dissolving the same; (b) hindering any person from joining any lawful association
or from attending any of its meetings; (c) prohibiting or hindering any person
from addressing, either alone or together with others, any petition to the
authorities for the correction of abuses or redress of grievances.

Interruption of Religious Worship (Article 132)

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Its elements are: (1) That the offender is a public officer or employee; (2)
That religious ceremonies or manifestations of any religion are about to take or
are going on; (3) That the offender prevents or disturbs the same.

Offending the Religious Feelings (Article 133)

The elements of the crime are as follows: (1) That the acts complained of
were performed in a placed devoted to religious worship, or during the
celebration of any religious ceremony; (2) That the acts be notoriously offensive
to the feelings of the faithful.

Reference:
The Revised Penal Code: Book II
Specific Crimes and Their Elements
Atty. Victor T. Tulalian

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