P.M.R.

Gairanod

Criminal Law 2

Prof. J. Batongbacal

2. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE - 10 crimes against the fundamental laws of the State in the RPC: ADDEV SS PidIO 1. Arbitrary detention (A124) 2. Delay in the delivery of detained persons to the proper judicial authority (A125) 3. Delaying release (A126) 4. Expulsion (A127) 5. Violation of domicile (A128) 6. Search warrants maliciously obtained or abuse in the service of those legally obtained (A129) 7. Searching domicile without witnesses (A130) 8. Prohibition, interruption and dissolution of peaceful meetings (A131) 9. Interruption of religious worship (A132) 10. Offending religious feelings (A133) -They are called crimes against the fundamental laws of the State because they violate certain provisions of the Bill of Rights (Article III of the 1987 Constitution). - Section 1: Right to personal liberty - Articles 124-126 of the RPC punishes any public officer or employee in those cases where an individual is unlawfully deprived of liberty. - Section 6: Right to liberty of abode - Article 127 of the RPC punishes any public officer or employee who shall unlawfully expel a person from the Philippines or compel a person to change his residence.

- Section 2: Right to be secure against unreasonable searches and seizures and warrantless arrest - Articles 128-130 of the RPC punishes any public officer or employee who violates such rights. - Section 4: Right to freedom of expression, peaceful assemblies and petition the Government for the redress of grievances - Article 131 of the RPC punishes any public officer or employee who violates such rights. - Section 5: Right to the free exercise of religion - Articles 132-133 of the RPC punishes any public officer or employee who violates such rights.

A. Arbitrary detention
Art. 124. Arbitrary detention. — Any public officer or employee who, without legal grounds, detains a person, shall suffer; 1. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the detention has not exceeded three days; 2. The penalty of prision correccional in its medium and maximum periods, if the detention has continued more than three but not more than fifteen days; 
 3. The penalty of prision mayor, if the detention has continued for more than fifteen days but not more than six months; and 
 4. That of reclusion temporal, if the detention shall have exceeded six months. The commission of a crime, or violent insanity or any other ailment requiring the compulsory confinement of the patient in 1 of 17 a hospital, shall be considered legal grounds for the detention of any person.

P. without waiting for the conclusion of the investigation. or has escaped while being transferred from one confinement to another. he shall follow the procedure provided in section 3 of this Rule. the person to be arrested has committed. or a commitment order if the accused has already been arrested pursuant to a warrant issued by the judge who conducted the preliminary investigation or when the complaint or information was filed pursuant to section 7 of this Rule. However. Ex. 2 of 17 . he shall issue a warrant of arrest. is actually committing. or by the Ombudsman or his deputy. that a probable cause exists and that there is a necessity of placing the respondent under immediate custody in order not to frustrate the ends of justice. (b) When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it. When the investigation is conducted by the judge himself. or if the complaint or information was filed pursuant to section 7 of this Rule or is for an offense penalized by fine Rule 113. If he finds probable cause.BUT private individuals who conspired with public officers in detaining certain policemen are guilty of arbitrary detention. the crime is illegal detention because they are acting in their private capacity. he shall issue a warrant of arrest. in his presence. – (a) By the Regional Trial Court. He may immediately dismiss the case if the evidence on record clearly fails to establish probable cause. When warrant of arrest may issue. 5. the judge may order the prosecutor to present additional evidence within five (5) days from notice and the issue must be resolved by the court within thirty (30) days from the filing of the complaint of information. J. Municipal Trial Court.M. judges or mayors . ~ Elements: 1. Arrest without warrant. Municipal Trial Court in Cities. (b) By the Municipal Trial Court. That the offender is a public officer or employee . the judge may issue a warrant of arrest if he finds after an examination in writing and under oath of the complainant and his witnesses in the form of searching questions and answers. policemen. the preliminary investigation of cases falling under the original jurisdiction of the Metropolitan Trial Court. When conducted by the prosecutor. the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence. Batongbacal Rule 112. without a warrant. In cases falling under paragraphs (a) and (b) above.R. and (c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending.If other public officers or a private individual does it. other agents of the law. Gairanod Criminal Law 2 Prof. the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with section 7 of Rule 112. – Within ten (10) days from the filing of the complaint or information.They must be vested with the authority to detain or order the detention of persons accused of a crime but when they detain the person. – A peace officer or a private person may. Sec. or Municipal Circuit Trial Court may be conducted by either the judge or the prosecutor. or is attempting to commit an offense. the procedure for the issuance of a warrant of arrest by the judge shall be governed by paragraph (a) of this section. If his findings and recommendations are affirmed by the provincial or city prosecutor. they have no legal grounds therefore. 6. (c) When warrant of arrest not necessary. – A warrant of arrest shall not issue if the accused is already under detention pursuant to a warrant issued by the municipal trial court in accordance with paragraph (b) of this section. and the corresponding information is filed. (Article 267/268) . – When required pursuant to the second paragraph of section of this Rule. arrest a person: (a) When. In case of doubt on the existence of probable cause. when lawful. Sec.

R.Applies even if the person only heard the disturbance created then proceeds to the scene where the offense is continuing or has been consummated 2.There is no reasonable ground for a warrantless arrest if the officer only wanted to know whether or not a person has committed a crime.Restraint resulting from fear is a form of detention.He has not committed any crime or.Violent insanity or any other ailment requiring the compulsory confinement of the patient in a hospital.When a peace officer or private person may arrest a person without a warrant: 1.Applies even if the offense was only seen being committed at a distance . Gairanod Criminal Law 2 Prof.facts and circumstances which could lead a reasonable.Probable cause .He is not suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital. at least. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending. ~ Arrest without warrant is usually the cause of arbitrary detention because a warrant properly issued justifies an arrest. That he detains a person .The commission of a crime 2. Batongbacal 2.actual belief or reasonable grounds of suspicion . there is no reasonable ground for suspicion that he has committed a crime 2.P.Detention . is committing or is attempting to commit an offense in his presence .A detention of a person is without legal ground when: 1. That the detention is without legal grounds . 3 of 17 . When the person to be arrested committed. When an offense has in fact just been committed and he has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed it . or has escaped while being transferred from one confinement to another .Personal knowledge of facts based on probable cause . discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in in the place sought to be searched 3.Legal grounds for the detention of any person: 1.actual confinement of a person in an enclosure or in any manner detaining and depriving him of his liberty .Basis: The person was committing a continuous crime--evading the service of his sentence.M. 3. . J. . .

ex.** 4 of 17 . Quezon City. Caloocan City.M. a member of the NPA SU responsible for killing 2 CAPCOM soldiers the day before in Bagong Barrio. 1990 Per curiam Facts: . that if a person alleged to be restrained of his liberty is in custody of an officer under process issued by a court or judge with jurisdiction. was positively identified by witnesses as the gunman who went atop the hood of the CAPCOM mobile patrol car and fired at the 2 CAPCOM soldiers in the car (Pabon and Manligot). military authorities file the information in court only after a petition for the habeas corpus is filed. Batongbacal ~ Arbitrary detention through imprudence . The wounded person listed as Ronnie Javelon in hospital records is actually Rolando Dural. Gairanod Criminal Law 2 Prof. the court must inquire into every phase and aspect of petitioner's detention--from the moment petitioner was taken into custody up to the moment the court passes upon the merits of the petition to satisfy the due process clause.Re-appraisal is not the answer.No compelling reason to abandon the doctrine: . . the Regional Intelligence Operations Unit of the Capital Command received confidential information about a member of the NPA Sparrow Unit (liquidation squad) being treated for a gunshot wound at the St.February 1. 1988.. Umil v Ramos .R. The doctrine makes possible the arrest and detention of innocent persons despite lack of evidence against them and.Eight petitions for habeas corpus.On petitioners' plea for the Court to abandon its pronouncement in Ilagan v.The rule is. --> affirmed by Section 4.Criminal charges have been filed in the proper courts against the petitioners. often.Their main arguments: The ruling was handed down during a dictatorial regime and has no place under the present democratic dispensation. with respondents asserting that the petitioners have been legally arrested and are detained by virtue of valid informations filed in court. -He was transferred to the Regional Medical Services of CAPCOM for security reasons. . J. or if the person is charged before any court. Cases: UMIL V RAMOS July 9. .An information was filed with the RTC of Caloocan charging him with the crime of "double murder with assault upon agents of persons in authority" Ruling: Rationale: . Enrile that a writ of habeas corpus is no longer available after an information is filed against the person detained and a warrant of arrest or an order of commitment is issued by the court where the information is filed: . the writ of habeas corpus will not be allowed. Rule 102 of the Rules of Court . Agnes Hospital in Roosevelt Ave.P. rearrest without verifying an order of release ~ The law does not fix any minimum period of detention. The answer would be : In all petitions for habeas corpus.

by one Alias Commander Pol for the NPA. It was issued to hi. On May 15. Masamlok. was in possession of 1 homemade revolver. Tp prove illegal possession. Jr. He was then made to sign the affidavit for the prosecution. Otherwise. Burgos signed the confession without the presence of military authorities who were sent outside the cubicle of Lovitos.Cesar Masamlok told authorities that at 9 AM on May 12. He was undressed. Burgos.R. went to Burgos' house to attend the seminar. Burgos then pointed to the authorities subversive documents he kept in a stock pile of cogon three meters from his house. At 8 PM. . . with his father and two others. 1982 in the afternoon. . After he recovered consciousness. J. His eyes were covered with wet black cloth. they would kill his family if he didn't comply as well as attend a seminar scheduled on April 19. Sgt. he was told that if he still refused to accept ownership of the fun. declared that on March 7. Guttierez. making his body irritating with pain. He initially denied possession of the firearm but his wife pointed to a place below their house where a gun was buried in the ground. he was encouraged all present to overthrow the government and threatened them not to report to the authorities. he requested the services of Atty. he administered the subscription of the extra-judicial confession of Burgos who appeared voluntarily in his office.38 Smith and Wesson. he was questioned soldiers wearing civilian attire. pungent water was poured on his body. with intent to possess and without a license. He identified the gun that Burgos pulled out from his waistline as the one the authorities recovered. he still refused to admit to owning the firearm so he was tortured. 5 of 17 .On April 19. He denied ownership of the firearm but he was mauled and hit till he was unconscious. a former NPA convert.Burgos' version of events: Military personnel he couldn't recognize brought hi. . These things were done to him repeatedly from May 13-14. accompanied by Landrino Burgos.M. Ruben Burgos forcibly recruited him as an NPA member with the use of the firearm and was asked to contribute one chopa of rice and one peso a month.P. from his farm to the PC barracks in Digos and they arrived there at 3PM. So he admitted to owning the gun. 1972. Gairanod PEOPLE v BURGOS September 4. 1982. . he will be salvaged. Oscar Gomez and Antonio Burgos went to his house at 5PM to ask for rice and a 1PhP contribution. Batongbacal Facts: . .Assistant Provincial Fiscal Panfilo Lovitos was presented to prove that on May 19. 1986 J. Comabig presented the lists of firearm holders in Davao del Sur and the lists of license applicants and testified that Burgos wasn't in those lists. Lovitos explained his constitutional rights to him.The next day. Criminal Law 2 Prof. Anyog to assist Burgos. Digos: Burgos. Masamlok. 15 PC-INP members were dispatched to arrest Ruben Burgos and questioned about his firearm. a caliber .Appeal from a decision of the RTC of Davao del Sur convicting Ruben Burgos of illegal possession of firearms in furtherance of subversion . The first speaker was Burgos who said distinctly that he was in the NPA. When Lovitos realized that he had no lawyer.To prove Burgos' subversive activities. Burgos used it in the performance of subversive tasks such as the recruitment of new members and collection of contributions from present members. Anyog assisted Burgos in reading his confession from English to Bisaya. Supposedly.May 13.

The authorities' warrantless search of his house was not lawful 3.R.SG erred too: The arrest is still lawful under Section 6(b) using the test of reasonableness. . . NPA members were in her house for treatment were not true.TC: The arrest could be made without a warrant.He is not guilty.The test of reasonable ground applies only to the identity of the perpetrator. Trial court erred. because the authorities received an urgent report of Burgos' involvement from a reliable source.Burgos contends that: 1. Urbana. as in Rule 113. . J. The information given by Masamlok was sufficient to induce reasonable ground that a crime has been committed and that the accused is guilty. Burgos wasn't in possession of a firearm or any subversive document or committing any subversive act.In this case.M. The fact of the commission of the crime must be undisputed.We cannot liberally construe the rule on arrests without warrant or extend its application beyond the cases specifically provided by law. . 2.At the time of his arrest. The offense also but be committed in his presence or within his view. it is enough that there is reasonable ground to believe that the person committed a crime.Under Section 6(b) however. They buried it. He was plowing his field! . 6 of 17 . Rationale: . Section 6's exceptions. . Police was still fishing for evidence. To do so would infringe upon personal liberty and set back a basic right so often violated and deserving of full protection. .Basis was Masamlok's testimony! Firearm was pointed out to them by Burgos' wife! . Batongbacal .Under Section 6(a). Burgos wasn't home at the time and she did not inform him or the authorities of the firearm out of fear.Burgos' wife. Burgos was arrested on the verbal report of Masamlok who led authorities to believe Burgos had committed a crime. the officer arresting a person who has just committed. A crime must in fact or actually have been committed first. testified that the firearm in their house was left by Masamlok and one Pedipol. If the arrest is valid. He said that a lot of arrests were made in his barrio but none were formally charged because they took their oath of allegiance with the government publicly. saying that they will claim it at a later date. even if they did find a firearm. Honorata Arellano appeared in court to say that items in the extra-judicial confession stating that on April 28.His warrantless arrest was not lawful. GENERALLY NOTHING THAT HAPPENED OR IS DISCOVERED AFTERWARDS CAN MAKE IT LAWFUL. IF AN ARREST WITHOUT WARRANT IS UNLAWFUL AT THE MOMENT IT IS MADE. is committing or is about to commit an offense must have personal knowledge of that fact. The Barangay Captain of Tiguman appeared as well and declared that he was not personally aware of any subversive activities on the part of the accused and could attest to his good character.To support his denial of involvement in subversive activities. the consequent search and seizure are too and would be incident to the lawful arrest = WRONG . NO personal knowledge in this case! . Ruling: Judgment reversed. Gairanod Criminal Law 2 Prof.P.

. . isn't a public officer.When Burgos allegedly admitted ownership of the gun and pointed to the location of the subversive documents after questioning. at 10 PM. . 3. Sr.Rule: Courts indulge every reasonable presumption against waiver of fundamental constitutional rights not presume acquiescence in the loss of fundamental rights. Anyog was too late already. Valdez was detained for eleven hours in the municipal jail. Trade-off: no subversion charges MILO v SALANGA July 20. of that right. 7 of 17 .. so they're inadmissible as evidence. Tomas Mendoza and Rodolfo Mangsat in the CFI of Pangasinan. SC is not bound by the credibility trial courts attach to a particular witness. actual or constructive.The person had actual intention to relinquish the right.The person had knowledge.He wasn't on the verge of flight or escape.The right exists. together with some private persons.P.April 4.The accused was not informed of any of his constitutional rights at the time of his arrest. 2.The arrest. 1987 J. . conspired with members of the police force. filed a motion to quash the information and Judge Salanga granted the motion upon discovering that Tuvera Sr.It cannot be presumed that there was a waiver or that consent was given because there was no objection. Immediately thereafter. Tuvera contended that the facts in the information do not constitute the elements of arbitrary detention as he isn't one of the public officers contemplated by the law. Sr. . . as Tuvera Sr. maltreated Armando Valdez by hitting him with the butts of their guns and punching him. The questioned firearm and the subversive documents were obtained in violation of Burgos' constitutional rights against unreasonable searches and seizures. . Pangasinan. according to the records. Juan Tuvera. 1973. J. ..R.His testimony was uncorroborated. being unlawful.Remember: He was never apprised of his rights. . -Only evidence left is Masamlok's testimony which is inadequate to convict Burgos. Gayangco Facts: -October 12. the admissions were obtained in violation of the constitutional right to self-incrimination. 19873: Tuvera Sr. a barrio captain. if they had reasonable ground to believe he committed a crime. Gairanod Criminal Law 2 Prof.There is no compelling reason for the haste with which the officers arrested Burgos. in Manaoag.No reason why they didn't obtain a warrant first. To constitute a waiver. it must appear that: 1.He was not accorded his constitutional right to be assisted by counsel during the custodial interrogation. Neither was there showing that his whereabouts were unknown.On April 4. . . 1972: An information for arbitrary detention was filed against Juan Tuvera. . Batongbacal . Securing the assistance of Atty.M. the search and seizure afterwards could not be deemed legal as being mere incidents to a valid arrest.

Barrio captains are persons in authority.Prof. and Hilario Braganza. . . a municipal councilor. Thus. bound and tied his houseboy with a rope then delivered him to a justice of the peace. J. Jose Aruego on Barrio Government Law and Administration: Barrio captain may subject people to the full force of law as he is a person in authority. Gairanod Ruling: Criminal Law 2 Prof. were recognized as persons in authority.Long before PD 299 was signed into law. were convicted of arbitrary detention for arresting Father Feliciano Gomez who did not commit any crime. . . 8 of 17 . he may arrest and detain persons within legal limits. Gellada was convicted of arbitrary detention. As the houseboy committed no crime.RA 3590 or The Revised Barrio Charter: The powers and duties of a barrio captain were to include looking after the order situation in the barrior in assistance of the municipal mayor.M. barrio lieutenants. Batongbacal Rationale: .P.US v Braganza: Martin Salibio. a barrio lieutenant.US v Gellada: Geronimo Gellada. later named barrio captains and now barangay captains. . a barrio lieutenant.R.

for crimes or offenses punishable by light penalties. Sec. to communicate and confer at any time with his attorney or counsel. in the interest of public safety and order. CORAZON C.M. but he must sign a waiver of the provision of Article 125 of the Revised Penal Code. THEREFORE. Before the complaint or information is filed. as amended. Executive Order (s1987) No. In the absence or unavailability of an inquest prosecutor. or their equivalent. 
 In every case. 272 FURTHER AMENDING ARTICLE 125 OF THE REVISED PENAL CODE. 125. for crimes or offenses punishable by correctional penalties. issuances. In every case. Batongbacal B. — The penalties provided in the next preceding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of twelve (12) hours. the accused may. 1987. for crimes or offenses punishable by light penalties. This Executive Order shall take effect thirty (30) days following its publication in the Official Gazette. Delay in the delivery of detained persons to the proper judicial authorities. 3815) otherwise known as the Revised Penal Code. (As amended by E. within five (5) days from the time he learns of its filing. or their equivalent. and thirty-six (36) hours. or their equivalent. – When a person is lawfully arrested without a warrant involving an offense which requires a preliminary investigation.” Sec. for crimes. When accused lawfully arrested without warrant. 125. do hereby order: Section 1. to communicate and confer at any time with his attorney or counsel. or their equivalent. President of the Philippines. in the year of Our Lord. upon his request. 3. 9 of 17 . Delay in the delivery of detained persons Art. 2.P. Article one hundred twenty-five of Act Numbered Three Thousand Eight Hundred Fifteen (Act No. 1986 and July 25. After the filing of the complaint or information in court without a preliminary investigation. the person arrested may ask for a preliminary investigation in accordance with this Rule. AS AMENDED WHEREAS. eighteen (18) hours. — The penalties provided in the next preceding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of. I. the person detained shall be informed of the cause of his detention and shall be allowed upon his request. Notwithstanding the waiver. or offenses punishable by afflictive or capital penalties. Nov. is hereby further amended to read as follows: “ART. rules and regulations or parts thereof inconsistent with this Executive Order are hereby repealed or modified accordingly. AQUINO. twelve (12) hours. the complaint may be filed by the offended party or a peace officer directly with the proper court on the basis of the affidavit of the offended party or arresting officer or person. Sec. nineteen hundred and eighty-seven. 7. J.O.R. respectively). for crimes or offenses punishable by afflictive or capital penalties. in the presence of his counsel. orders. this 25th day of July. as amended. the person detained shall be informed of the cause of his detention and shall be allowed. he may apply for bail and the investigation must be terminated within fifteen (15) days from its inception. All laws. ask for a preliminary investigation with the same right to adduce evidence in his defense as provided in this Rule. 59 and 272. Gairanod Criminal Law 2 Prof. DONE in the City of Manila. Delay in the delivery of detained persons to the proper judicial authorities. Rule 112. it is imperative that a reasonable and sufficient period be given within which to conduct adequate and thorough investigation of persons detained for some legal grounds. for crimes or offenses punishable by correctional penalties. the complaint or information may be filed by a prosecutor without need of such investigation provided an inquest has been conducted in accordance with existing rules. Nos. or their equivalent and thirty-six (36) hours. eighteen (18) hours. 7. or their equivalent. NOW.

the municipal mayor. (b) The amount of Two hundred fifty pesos (P250.R. or anyone acting under his order or his place. DETAINING AND INVESTIGATING OFFICERS. in a language known to and understood by him. otherwise. DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING.00) if the suspected person is chargeable with a capital offense. except those directly affected by the case. Detained or Under Custodial Investigation. Gairanod Criminal Law 2 Prof. 7438 AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED. provided that before such report is signed. (f) Any person arrested or detained or under custodial investigation shall be allowed visits by or conferences with any member of his immediate family. or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel. If such person cannot afford the services of his own counsel. As used in this Act. nephew or niece.M. who shall at all times be allowed to confer privately with the person arrested. Duties of Public Officers. such extrajudicial confession shall be inadmissible as evidence in any proceeding.00) if the suspected person is chargeable with less grave or grave felonies. fianc or fiance. district school supervisor. or priest or minister of the gospel as chosen by him. elder brothers and sisters. Section 3. uncle or aunt. AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1.00) if the suspected person is chargeable with light felonies. shall be in writing and signed by such person in the presence of his counsel. upon a valid waiver. Batongbacal Republic Act No. 10 of 17 . those charged with conducting preliminary investigation or those charged with the prosecution of crimes. or by any national non-governmental organization duly accredited by the Commission on Human Rights of by any international non-governmental organization duly accredited by the Office of the President. such investigation report shall be null and void and of no effect whatsoever. preferably of his own choice. otherwise the waiver shall be null and void and of no effect. (b) Any public officer or employee. (c) The amount of Three hundred fifty pesos (P350. who arrests. J. brother or sister. or under custodial investigation. – (a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel. detains or investigates any person for the commission of an offense shall inform the latter. detained or under custodial investigation shall be in writing and signed by such person in the presence of his counsel or in the latter's absence. (c) The custodial investigation report shall be reduced to writing by the investigating officer. (d) Any extrajudicial confession made by a person arrested. he must be provided with a competent and independent counsel by the investigating officer. of his rights to remain silent and to have competent and independent counsel. otherwise. and guardian or ward. without prejudice to the liability of the "inviting" officer for any violation of law. the municipal judge. – Assisting counsel is any lawyer.P. The assisting counsel other than the government lawyers shall be entitled to the following fees. (e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal Code. detained or under custodial investigation. The person's "immediate family" shall include his or her spouse. "custodial investigation" shall include the practice of issuing an "invitation" to a person who is investigated in connection with an offense he is suspected to have committed. – It is the policy of the Senate to value the dignity of every human being and guarantee full respect for human rights. or thumbmarked if the person arrested or detained does not know how to read and write. parent or child. Rights of Persons Arrested. it shall be read and adequately explained to him by his counsel or by the assisting counsel provided by the investigating officer in the language or dialect known to such arrested or detained person. Assisting Counsel. (a) The amount of One hundred fifty pesos (P150. Statement of Policy. Sec. grandparent or grandchild. his spouse. 2. and in the presence of any of the parents.

Sec. 5.P.000. Penalty Clause.The detention is legal in the beginning because the person detained was arrested under any of the circumstances where arrest without warrant is authorized by law. notwithstanding. 6. detained or under custodial investigation of his right to remain silent and to have competent and independent counsel preferably of his own choice. Gairanod Criminal Law 2 Prof. who fails to inform any person arrested. The detention becomes illegal after a certain period of time because the person was not delivered to the proper judicial authority.That he has detained a person for some legal ground . . who fails to provide a competent and independent counsel to a person arrested.A 125 does not apply if the arrest is made with a warrant. it will be arbitrary detention. It applies only if the arrest is made without a warrant. the crime is illegal detention. In the absence of any lawyer. That the Municipal or City Treasurer must certify that no funds are available to pay the fees of assisting counsel before the province pays said fees. . the province comprising such municipality or city shall pay the fee: Provided.00) or a penalty of imprisonment of not less than eight (8) years but not more than ten (10) years. – This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in any daily newspapers of general circulation in the Philippines. presidential decrees.If detention of a person is not for some legal ground. This is 11 of 17 . Sec. or parts thereof inconsistent with the provisions of this Act are repealed or modified accordingly. (b) Any person who obstructs. If the arrest is made with a warrant. Effectivity. but lawfully. is hereby repealed. in urgent cases. The penalty of perpetual absolute disqualification shall also be imposed upon the investigating officer who has been previously convicted of a similar offense.R. The provisions of the above Sec. any security officer with custodial responsibility over any detainee or prisoner may undertake such reasonable measures as may be necessary to secure his safety and prevent his escape. The same penalties shall be imposed upon a public officer or employee. the arrested person can be detained indefinitely until his case is decided by the court or he posts a bail for his temporary release. of the night shall suffer the penalty of imprisonment of not less than four (4) years nor more than six (6) years. detained or under custodial investigation for the commission of an offense if the latter cannot afford the services of his own counsel. but he needs to comply with the requirements in A125 in terms of time periods.00). or from ministering to his spiritual needs. executive orders or rules and regulations. and a fine of four thousand pesos (P4. 2. or both. no custodial investigation shall be conducted and the suspected person can only be detained by the investigating officer in accordance with the provisions of Article 125 of the Revised Penal Code. from visiting and conferring privately with him. or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel. at any hour of the day or. 4. detained or under custodial investigation. provided that if the municipality of city cannot pay such fee. as amended.000. or any investigating officer. No. J. Repealing Clause. prevents or prohibits any lawyer. ~ Elements: 1. – Republic Act No. or from examining and treating him. 857.If the offender is a private individual. Other laws. Batongbacal The fee for the assisting counsel shall be paid by the city or municipality where the custodial investigation is conducted. – (a) Any arresting public officer or employee. shall suffer a fine of Six thousand pesos (P6. Sec.M. any member of the immediate family of a person arrested. or anyone acting upon orders of such investigating officer or in his place.That the offender is a public officer or employee .

P.The hour of arrest 3. for crimes or offenses punishable by correctional penalties or their equivalent c. so it's unnecessary to bring him to that court. upon his request.to communicate and confer at anytime with his attorney or counsel ~ Reason for A125: To prevent abuse resulting from the confinement of a person without informing him of his offense and without permitting him to go on bail. ~ Remedy where warrant is improperly issued: Set aside the warrant of arrest. the detention is illegal from the beginning. At the same time. J. for crimes or offenses punishable by afflictive or capital penalties or their equivalent . It does not affect the legality of confinement. do not include fiscal . the detention is legal in the beginning but the illegality of the detention starts from the expiration of any of the periods of time specified without the detainee being delivered to the proper judicial authority. ~ Considerations in determining the liability of officers detaining a person beyond the legal period: 1. discharge the person without enjoining the municipal judge from conducting a preliminary examination and issuing a new warrant of arrest after. Gairanod Criminal Law 2 Prof. 36 hours. . 3. That he fails to deliver the person to the proper judicial authorities within: a.He shall be informed of the cause of his detention 2. 18 hours.M.Other circumstances such as the time of surrender and the material possibility for the fiscal to make the investigation and file in time the necessary information ~ A violation of A125 is not considered a ground on which one can predicate a motion to quash the information.He shall be allowed.The means of communication 2. In A125.Proper judicial authorities . Batongbacal because there is already a complaint or information filed against him with the court which issued the order or warrant. ~ Rights of the detained person: 1. for crimes or offenses punishable by light penalties or their equivalent b. ~ Detention under RA 9372 12 of 17 .R. ~ A 125 v A 124: In arbitrary detention.courts of justice or judges of said courts with the judicial power to order temporary detention or confinement of a person. 12 hours.Detained person should be released when a judge is not available if the maximum hours of detention has already expired. the illegality of detention is not cured by the filing of the information in court.Delivery does not consist in physical delivery but in making an accusation or charge or filing an information against the person arrested with the corresponding court or judge who acquires jurisdiction to issue an order of release or commitment.

The judge can be notified in his home or in his office. Gairanod Criminal Law 2 Prof. determine whether the person was subjected to torture.P.A judge must be notified before a suspected terrorist is detained. 13 of 17 .M. The judge shall submit within three days a report if what he had observed when the subject was brought before him. BUT arrest must result from surveillance and examination of bank deposits. Duty of the judge: ascertain identity of the police officer. J. inquire about the reasons behind person's arrest. Batongbacal .R. .Time of delivery for suspected terrorists = not the same as time for detainees in A125. For them. it's three days from arrest.

(b) For compelling reasons stated in the application. Sec.P. – If the judge is satisfied of the existence of facts upon which the application is based or that there is probable cause to believe that they exist. before issuing the warrant. Sec.M. Sec. – A search warrant may be issued for the search and seizure of personal property: (a) Subject of the offense. 6. Court where application for search warrant shall be filed. in writing and under oath. 5. any court within the judicial region where the crime was committed if the place of the commission of the crime is known. Examination of complainant. or fruits of the offense. if the criminal action has already been filed. the complainant and the witnesses he may produce on facts personally known to them and attach to the record their sworn statements. shall exceed his authority or use unnecessary severity in executing the same. Personal property to be seized. 7. or (c) Used or intended to be used as the means of committing an offense. commanding him to search for personal property described therein and bring it before the court. 3. However. – The judge must. Sec. Sec. 2. – A search warrant is an order in writing issued in the name of the People of the Philippines.R. if refused admittance to the place of directed search after giving notice of his purpose and authority. may break open any outer or inner door or window of a house or any part of a house or anything therein to execute the warrant to liberate himself or any person lawfully 14 of 17 . — In addition to the liability attaching to the offender for the commission of any other offense. Sec. he shall issue the warrant. Right to break door or window to effect search. personally examine in the form of searching questions and answers. together with the affidavits submitted. – An application for search warrant shall be filed with the following: (a) Any court within whose territorial jurisdiction a crime was committed.
 Rule 126 SEARCH AND SEIZURE Section 1.000 pesos shall be imposed upon any public officer or employee who shall procure a search warrant without just cause. Search warrant defined. signed by a judge and directed to a peace officer. Gairanod Criminal Law 2 Prof. 4. or any court within the judicial region where the warrant shall be enforced. – The officer. which must be substantially in the form prescribed by these Rules. having legally procured the same. (b) Stolen or embezzled and other proceeds. or. – A search warrant shall not issue except upon probable cause in connection with one specific offense to be determined personally by the judge after examination under oath or affirmation of the complainant and the witness he may produce. Search warrants maliciously obtained and abuse in the service of those legally obtained. Search warrants maliciously obtained Art. Batongbacal C. the penalty of arresto mayor in its maximum period to prision correccional in its minimum period and a fine not exceeding P1. 129. J. the application shall only be made in the court where the criminal action is pending. record. and particularly describing the place to be searched and the things to be seized which may be anywhere in the Philippines. Requisites for issuing search warrant. Issuance and form of search warrant.

return and proceedings thereon. 11. Search of house. or premises to be made in presence of two witnesses. Sec. unless the affidavit asserts that the property is on the person or in the place ordered to be searched. Time of making search. the judge shall ascertain whether section 11 of this Rule has been complied with and shall require that the property seized be delivered to him. if such court failed to resolve the motion and a criminal case is subsequently filed in another court. and other actions of the judge. Sec. J. or any other premises shall be made except in the presence of the lawful occupant thereof or any member of his family or in the absence of the latter. the issuing judge shall ascertain if the return has been made. – The warrant must direct that it be served in the day time. Delivery of property and inventory thereof to court. A violation of this section shall constitute contempt of court. or in the absence of such occupant. (c) The return on the search warrant shall be filed and kept by the custodian of the log book on search warrants who shall enter therein the date of the return. – (a) The officer must forthwith deliver the property seized to the judge who issued the warrant. Sec. must. signed by a judge and directed to a peace officer. – A motion to quash a search warrant and/or to suppress evidence obtained thereby may be filed in and acted upon only by the court where the action has been instituted. the motion may be filed in and resolved by the court that issued search warrant. in the presence of at least two witnesses of sufficient age and discretion residing in the same locality. However. the motion shall be resolved by the latter court
 ~ Acts punishable in connection with search warrants: 1. – A person lawfully arrested may be searched for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense without a search warrant. Search incident to lawful arrest.M.That he procures a search warrant .an order in writing issued in the name of the People of the Philippines. the result. Sec.R. Sec. If no criminal action has been instituted.That the offender is a public officer or employee 2. Thereafter. room. Validity of search warrant. Sec. 15 of 17 . 10. shall summon the person to whom the warrant was issued and require him to explain why no return was made. (b) Ten (10) days after issuance of the search warrant. 9. Motion to quash a search warrant or to suppress evidence. and if none.Procuring a search warrant without just cause . where to file. 12. – A search warrant shall be valid for ten (10) days from its date. Sec. two witnesses of sufficient age and discretion residing in the same locality. 8. Gairanod Criminal Law 2 Prof. – The officer seizing the property under the warrant must give a detailed receipt for the same to the lawful occupant of the premises in whose presence the search and seizure were made. together with a true inventory thereof duly verified under oath. – No search of a house. commanding him to search for personal property described therein and bringing it before the court. room. leave a receipt in the place in which he found the seized property.P. The judge shall see to it that subsection (a) hereof has been complied with. 14. Batongbacal aiding him when unlawfully detained therein. Receipt for the property seized. in which case a direction may be inserted that it be served at any time of the day or night. 13.Search warrant .Elements: 1. If the return has been made. it shall be void.

Elements: 16 of 17 . etc have to be made in the presence of the lawful occupant. in the presence of two witnesses of legal age and discretion residing in the same locality. leave a receipt in the place where he found the property. .facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and the object sought in connection with the offense are in the place sought to be searched.That there is no just cause . any member of his family or.Stolen or embezzled items and other proceeds or fruits of the offense 3. J. and particularly describing the place to be searched and the things to be seized which may be anywhere in the Philippines .Exceeding one's authority or by using unnecessary severity in executing a legally procured search warrant .Searches of homes. Gairanod Criminal Law 2 Prof.Officers seizing property under warrant must give a detailed receipt for the property to the lawful occupant of the premises or.If refused admittance.Subject of the offense 2. not the facts of a "reliable person". . the officer may break open any outer or inner door or window of a house or any part of a house or anything therein to execute the warrant or liberate himself or any person aiding him. 3.M. . in their absence. two witnesses of sufficient age and discretion living in the same locality.A search warrant is procured without just cause when it appears on the face of the affidavits filed in support of the application or through other evidence that the applicant had every reason to believe that the search warrant sought for was unjustified.Test of lack of just cause: WON the affidavit filed in support of the application for search warrant has been drawn in such a manner that perjury could be charged against the affiant.The oath required must refer to the truth of the facts within the personal knowledge of the applicant for search warrant or his witnesses.Requisites for issuing search warrants: Upon probable cause in connection with 1 specific offense to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce. 2.P. in his absence.Probable cause .Search warrants are valid for ten days from its date. . . Batongbacal .R. . rooms.Used or intended to be used items as the means of committing an offense .A search warrant may be issued for the search and seizure of the following property: 1.

That he has legally procured a search warrant 3. Contraband . etc having no connection with opium (The search warrant was for opium).Example of exceeding authority: Public officer seized books. can be seized without a writ.M. however. even if he believed or suspected that they had some relation with opium.R.Example of using unnecessary severity in executing search warrant: Public officer destroys furniture without any justification at all in searching the house.That the offender is a public officer or employee 2. Batongbacal 1. . 17 of 17 .P. J. Gairanod Criminal Law 2 Prof.That he exceeds his authority or uses unnecessary severity in executing the same .