CRIM22024 2nd meeting Flashcards
Article 124. Arbitrary Detention (Elements)
The elements of the crime are:
The elements of the crime are:
- That the offender is a public officer or employee.
- That he detains a person.
- That the detention is without legal grounds
Art. 125. Delay in the delivery of detained persons to
the proper judicial authorities. (Elements)
Elements:
1. That the offender is a public officer or employee.
- That he has detained a person for some legal ground.
- That he fails to deliver such person to the proper judicial authorities
within:
a. twelve (12) hours, for crimes or offenses punishable by light
penalties, or their equivalent; or
b. eighteen (18) hours, for crimes or offenses punishable by
correctional penalties, or their equivalent; or
c. thirty-six (36) hours, for crimes or offenses punishable by
afflictive or capital penalties, or their equivalent.
their continued detention became illegal upon the expiration of six hours without their having been delivered to the corresponding judicial authorities.
It will be noted that what constitutes a violation of Article 125 is the
failure to deliver the person arrested to the proper judicial authority within
the period specified therein.
Reason for the provisions of Article 125.
Article 125 of the Revised Penal Code is intended to prevent any abuse
resulting from confining a person without informing him of his offense and
without permitting him to go on bail. (Laurel vs. Misa, 76 Phil. 372)
Art. 125 distinguished from Art. 124
In arbitrary detention under Art. 124, the detention is illegal from the
beginning; in arbitrary detention under Art. 125, 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 in Art. 125, without the detained
prisoner detained having been delivered to the proper judicial authority.
Art. 126. Delaying release.
— The penalties provided for
in Article 124 shall be imposed upon any public officer or
employee who delays for the period of time specified therein
the performance of any judicial or executive order for the
release of a prisoner or detention prisoner, or unduly delays
the service of the notice of such order to said prisoner or
the proceedings upon any petition for the liberation of such
person.
Three acts are punishable under Art. 126.
1. By delaying the performance of a judicial or executive order for the
release of a prisoner.
2. By unduly delaying the service of the notice of such order to said
prisoner.
3. By unduly delaying the proceedings upon any petition for the liberation
of such person.
Elements:
a. That the offender is a public officer or employee;
b. That there is a judicial or executive order for the release of a prisoner
or detention prisoner, or that there is a proceeding upon a petition for
the liberation of such person.
c. That the offender without good reason delays: (1) the service of the
notice of such order to the prisoner, or (2) the performance of such
judicial or executive order for the release of the prisoner, or (3) the
proceedings upon a petition for the release of such person.
Art. 127. Expulsion.
— The penalty of prision correccional*
shall be imposed upon any public officer or employee who, not
being thereunto authorized by law, shall expel any person
from the Philippine Islands or shall compel such person to
change his residence.
Two acts are punishable under Art. 127:
1. By expelling a person from the Philippines.
2. By compelling a person to change his residence.
Elements:
a. That the offender is a public officer or employee.
b. That he expels any person from the Philippines, or compels a
person to change his residence.
c. That the offender is not authorized to do so by law.
What are the crimes known as violation of domicile?
They are: Article 28
- Violation of domicile by entering a dwelling against the will of
the owner thereof or making search without previous consent of
the owner. (Art. 128)
5See Appendix “A,” Table of Penalties, No. 10.
64VIOLATION OF DOMICILE Art. 128 - Search warrants maliciously obtained and abuse in the service of
those legally obtained. (Art. 129) - Searching domicile without witnesses. (Art. 130)
Art. 128 - Violation of Domicile.
Acts punishable under
- By entering any dwelling against the will of the owner thereof; or
- By searching papers or other effects found therein without the previous
consent of such owner; or - By refusing to leave the premises, after having surreptitiously entered
said dwelling and after having been required to leave the same.
Elements common to three acts:
a. That the offender is a public officer or employee.
b. That he is not authorized by judicial order to enter the dwelling
and/or to make a search therein for papers or other effects.