Criminal Law 2

Title 2
STUDY GUIDE & PERFORMANCE TASK QUESTIONS

II. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

(Arts. 124‐133)
ARBITRARY DETENTION OR EXPULSION,
VIOLATION OF DWELLING
PROHIBITION, INTERRUPTION, AND DISSOLUTION
OF PEACEFUL MEETING AND CRIMES
AGAINST RELIGIOUS WORSHIP
RA 11479, Repealing the Human Security Act of 2007 (R.A. 9372)
Anti‐Torture Act (R.A. 9745)

Below are the questions for study under Title Two. For the Performance Task, write completely your
answer ONLY TO THE HIGHLIGHTED questions. The number for your Answer must correspond to the
number for the Question. Your answer must be RESPONSIVE to the question.

A. INTRODUCTION
1. In this title, Title 2, the general rule is that all offenses are required to be committed by whom?
State the exception.
2. To be considered a public officer, what are the requirements?
3. Under R.A. 3019, what does the term “public officer” mean or include?

B. ARBITRARY DETENTION (Art. 124)

1. What are the classes of arbitrary detention?
2. What are the elements of the crime of arbitrary detention?
3. When is a person considered in detention?
4. Can there be arbitrary detention even if the victims were not kept in an enclosure?
5. When is detention said to be without legal grounds?
6. Is it necessary that the public officer be a police officer for him to be held liable for arbitrary
detention?
7. Can a barangay chairman be guilty of this crime?
8. Can private individuals be held liable for arbitrary detention?
9. What are the legal grounds for the detention of persons without which a public officer may be held
liable? State the general rule, and the exception.
10. May arbitrary detention be committed through simple negligence?
11. Can arbitrary detention be committed thru imprudence? Illustrate.
12. What are the forms of illegal detention?
13. What are the distinctions between arbitrary detention and illegal detention?
14. If the public officer who effected the arrest has no such authority to detain a person, what crime
can he be made liable for?
15. What are the distinctions between arbitrary detention and unlawful arrest?
16. X, a police officer, falsely imputes a crime against A to be able to arrest him but he appears to be
not determined to file a charge against him. What crime, if any, did X commit?
17. Suppose X planted evidence to effect the arrest, what crime, if any, is committed?

C. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITY (Art. 125)

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1. What are the elements of this crime?
2. When is there delay in the delivery of detained persons to the proper judicial authority for crimes
punishable by light penalties or their equivalent? What about for crimes punishable by correctional
penalties or their equivalent? What about for crimes punishable by afflictive penalties or their
equivalent?
3. Distinguish between light, correctional and afflictive penalties.
4. What are the circumstances considered in determining liability of officer detaining a person beyond
legal period?
5. What situations are contemplated by Art. 125?
6. Under Art. 125, when does the detention become arbitrary?
7. What is meant by delivery?
8. What is meant by proper judicial authorities?
9. If a person is arrested pursuant to a warrant of arrest, within what period should a police officer
turn over the arrested person to the judicial authority?
10. Should the person arrested without a warrant opt to avail his right to a preliminary investigation,
what must he execute?
11. What is the length of waiver?
12. What if the person arrested does not want to waive his rights under Art. 125?
13. What is the difference between delay in the delivery of detained persons (Art. 125) and arbitrary
detention (Art. 124)

D. DELAYING RELEASE (Art. 126)

1. What are the punishable acts in Art. 126?
2. What are the elements of delaying release?
3. What kind of prisoners could be the object or victims of delaying release?
4. Who are the public officers most likely to violate this provision.

E. EXPULSION (Art. 127)

1. What are the punishable acts in Art. 127? What is the general rule, and the exception?
2. What are the elements of expulsion?
3. What is the essence of the crime of expulsion?
4. If any of the punishable acts under Art. 127 is committed by a private person, what crime can he
be made responsible for?
5. X, the mayor of City of Manila wanted to make the city free from prostitution. He ordered certain
prostitutes to be transferred to Davao, without observing due process. What is the crime
committed by X?
6. What is the crime committed if aliens are deported without an order from the President or
the Commissioner of Immigration and Deportation after due proceedings?
7. Who only can order a person to change his residence or deport aliens?
8. What crime is committed when a Filipino who, after voluntarily leaving the country, is illegally
refused re‐entry by a public officer? Why?

F. VIOLATION OF DOMICILE (Art. 128)

1. What are the three (3) modes of committing this crime?
2. What are the common elements of these modes?
3. How is the crime of violation of domicile committed?
4. Suppose the public officer is not authorized to execute search warrants and warrants of arrests,
what crime can he be liable for?

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5. Suppose the punishable acts under Art. 128 are committed by a private person, what crime did he
commit?
6. If a public officer searches a person outside his dwelling, not armed with a search warrant or a
warrant of arrest, are the provisions of Art. 128 applicable?
7. Are the provisions under Art. 128 applicable if the occupant of the premises is not the owner?
8. What are the qualifying circumstances under Art. 128?
9. What is the meaning of “against the will of the owner?”

G. WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED
(Art. 129)
1. What are the punishable acts in this article?
2. What is a search warrant?
3. What is the requisite for the issuance of search warrant?
4. What is the test for lack of just cause?
5. What is the effect if the search warrant is secured through a false affidavit?
6. When is a search warrant considered illegally obtained?

H. SEARCHING DOMICILE WITHOUT WITNESSES (Art. 130)

1. What are the elements of this crime?
2. What is the sequence or order required of those who must witness the search?
3. Suppose, X, a suspected pusher lives in a condominium unit. Agents of the PDEA obtained a search
warrant but the name of person in the search warrant did not tally with the address indicated therein.
Eventually, X was found but in a different address. X resisted but the agents insisted on the search.
Drugs were found and seized and X was prosecuted and convicted by the trial court. Is the search valid?
4. Compare Art. 128 with Arts. 129 and 130.

I. PROHIBITION, INTERRUPTION AND DISSOLUTION OF PEACEFUL MEETINGS (Art. 131)

1. What are the punishable acts?
2. What are the common elements of these punishable acts?
3. To be held liable under Art. 131, is it necessary that the offender be a stranger, not a participant
of a meeting that has been interrupted and dissolved?
4. Is the right to peaceful assembly absolute?
5. In requiring a permit before any meeting or assembly is held, can it be construed as preventing
peaceful assemblies?
6. If the application for the permit to peaceably assemble is arbitrarily denied, what crime is committed?
7. Suppose, the officer would not give the permit unless the meeting is held in particular place which he
dictates and such place defeats the exercise of the rights to peaceably assemble, is Art. 131 violated?
8. What are the tests or rules for determining whether there is a violation of Art. 131?
9. What are the distinctions between Prohibition, Interruption, or Dissolution of Peaceful Meetings
under Art. 131 and Tumults and other Disturbances, under Art. 153?

J. INTERRUPTION OF RELIGIOUS WORSHIP (Art. 132)

1. What are the elements of this crime?
2. X, a private person, boxed a priest while the priest was giving homily and maligning a relative
of X. Is X liable under Art 131?

K. OFFENDING THE RELIGIOUS FEELINGS (Art. 133)

1. What are the elements of this crime?

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2. What are the religious ceremonies covered by Arts. 132 and 133?
3. When is an act considered notoriously offensive?
4. May the crime in Art. 133 required to be committed by a public officer or a private individual?

L. RA 11479, AN ACT TO PREVENT, PROHIBIT AND PENALIZE TERRORISM, July 03, 2020, THEREBY
REPEALING REPUBLIC ACT NO. 9372, OTHERWISE KNOWN AS THE "HUMAN SECURITY ACT OF 2007"
1. What is the period of detention without judicial warrant of arrest?

M. Anti‐Torture Act (R.A. 9745)

1. What are the punishable acts under Anti‐Torture Act or RA. 9745?
2. What does mental or psychological torture refers to?
3. Who are punished under Anti‐Torture Act?