Article 127 Expulsion

Question 1

What are the elements of expulsion under Article 127?

Answer 1

Elements:
1) Offender is a public officer or 
employee; 
2) He either – 
i. expels any person from the 
Philippines; or 
ii. compels a person to change 
residence; 
3) Offender is not authorized to do 
so by law.

Question 2

What are the circumstances Article 127 will not apply?

Answer 2

 The court by final judgment can order a
person to change his residence.
 The Chief Executive has the power to deport
undesirable aliens
 Crime does not include expulsion of undesirable
aliens (PERSONA NON GRATA), destierro or when
sent to prison

Question 3

Problem:

Q: Certain aliens were arrested and they were just put
on the first aircraft which brought them to the country
so that they may be out without due process of law.
Was there a crime committed?

Answer 3

Expulsion was committed.

Being Arrested implies that the act was done by public officer. Without due process of the law, it follows that the officers who did the arrest had no authority,As the aliens were put on the first air craft, it is obvious that they were expelled from the Philippines.