Crimes Against Fundamental Laws of the State: Section I-Arbitrary Detention and Expulsion

Question 1

What are the crimes under Title II- Section I of the RPC?

Answer 1

Article 124- Arbitrary detention

Article 125- Delay in the delivery of the detained persons to the proper judicial authority.

Article 126- Delaying release

Article 127- Expulsion

Question 2

What are the elements of arbitrary detention?

Answer 2

(1) Offender is a public officer or employee;
(2) Offender detains a person;
(3) The detention is without legal grounds.

Question 3

What are the penalties for arbitrary detention?

Answer 3

(1) Arresto mayor in its maximum period to prision correccional in its minimum period,
if the detention has not exceeded three (3) days;

(2) Prision correccional in its medium and maximum periods, if the detention has
continued for more than three (3) but not more than fifteen (15) days;

(3) Prision mayor, if the detention has continued for more than fifteen (15) days but not
more than six (6) months; and

(4) Reclusion temporal, if the detention shall have exceeded six (6) months.

Question 4

What are the elements for delay in the delivery of the detained persons to proper judicial authority?

Answer 4

(1) Offender is a public officer or employee;
(2) He detains a person for some legal grounds

(3) He fails to deliver such person to the proper judicial authorities within the period
of—
(a) twelve (12) hours, for crimes of 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.

Question 5

What are the penalties for delay in the delivery of the detained persons to the proper judicial authority?

Answer 5

(1) Arresto mayor in its maximum period to prision correccional in its minimum period,
if the detention has not exceeded three (3) days;

(2) Prision correccional in its medium and maximum periods, if the detention has
continued for more than three (3) days but not more than fifteen (15) days;

(3) Prision mayor, if the detention has continued for more than fifteen (15) days but not
more than six (6) months; and

(4) Reclusion temporal, if the detention shall have exceeded six (6) months.

Question 6

What are the elements for delaying release?

Answer 6

(1) Offender is a public officer or employee

(2) 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

(3) Offender without good reason delays—
(a) the performance of any judicial or executive order for the release of a prisoner
or detention prisoner, or
(b) the service of the notice of such order to said prisoner or
(c) the proceedings upon any petition for the liberation of such person.

Question 7

What are the elements for expulsion?

Answer 7

(1) Offender is a public officer or employee;
(2) He either—
(a) expels any person from the Philippines; or
(b) compels such person to change his residence;
(3) offender is not authorized to do so under law.

Question 8

What are the penalty for expulsion?

Answer 8

Prision correccional

Question 9

What is the penalty for delaying release?

Answer 9

(1) Arresto mayor in its maximum period to prision correccional in its minimum period,
if the delay has not exceeded three (3) days;

(2) Prision correccional in its medium and maximum periods, if the delay has continued
for more than three (3) days but not more than fifteen (15) days;

(3) Prision mayor, if the delay has continued for more than fifteen (15) days but not
more than six (6) months; and

(4) Reclusion temporal, if the delay shall have exceeded six (6) months.

Question 10

What is detention?

Answer 10

Actual confinement of a person in an enclosure or in any manner detaining or depriving him of his liberty.

Question 11

When is arrest without warrant lawful?

Answer 11

Sec. 5 Article 113 of the ROC

1 AND 2: suspect in flagrante delicto

3. Escaping prisoner

Question 12

Who are the public officer or employee mentioned under Article 124?

Answer 12

A public officer who is vested with the authority to detain or order the detention of persons accused of a crime.

Policemen and other agents of law
Judges
Mayors
Brgy. captain
Municipal councilor

Question 13

What is the effect if the public officer has no authority to detain a person?

Answer 13

That public officer is guilty of illegal detention.

Question 14

What are the legal ground for the detention of persons?

Answer 14

GR:

1. Commission of a crime
   a. Arrest with warrant
   b. Warrantless arrest [Rule 116 Sec. 5 of the ROC]
2. Violent insanity or other ailment requiring compulsory confinement of the patient in a hospital

XPN: if the peace officer acted in good faith.

Question 15

Arbitrary detention vs Illegal Detention:

1. As to the principal capacity
2. As to his duty to detain a person

Answer 15

1. Offender is public officer | Offender is a private person
2. Offender is public officer has a duty which carries with it the authority to detain a person | Offender if a public officer does not include in his function the power to arrest or detain a person

Question 16

Arbitrary Detention vs Unlawful Arrest

1. As to the capacity of the offender
2. As to the purpose of detainment

Answer 16

1. The offender is a public officer possessed with authority to make arrest | The offender may be any person
2. Purpose of detaining the person is to deny him of his liberty | The purpose is to accuse the offended party of the crime he did not commit, to deliver him to the proper judicial authority and to file the necessary charges in a way of trying to incriminate him

Question 17

What is the difference in the delay of delivery of detained person vs Arbitrary detention?

Answer 17

Delay in the delivery of the detained persons
- Detention is legal but becomes arbitrary when detention exceeds any of the period provided in Article 125

Arbitrary detention
- the detention is illegal at the very inception because of the absence of lawful cause.

Question 18

What are the warrantless considered lawful?

Answer 18

1. in flagrante delicto- when in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense
2. Hot pursuit- when an offense has in fact 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.
3. Escaping prisoner- when person to be arrested is a prisoner who has escaped from penal establishment

Rule 116 Sec 5 of the ROC

Question 19

What is probable cause?

Answer 19

Facts and circumstances which would lead a reasonable discreet and prudent man to believe that an offense has been committed and that the object sought in connection with the offense are in place sought to be search

Question 20

What is personal knowledge of facts?

Answer 20

Must be based upon probable cause which means an actual belief or reasonable grounds of suspicion.

Question 21

What does “delivery” means?

Answer 21

Filing of correct information or complaint with the proper judicial authorities.

Question 22

Who are the proper judicial authorities?

Answer 22

Courts of justice or judges of said court vested with judicial power to order temporary detention or confinement of a person charged with having committed a public offense.

Question 23

What are the requirements if the person arrested without a warrant opts to avail his write to preliminary investigation?

Answer 23

• he should waived his right under Article 125 in writing
• it must be under oath
• with assistance of his counsel

Question 24

What are the rights of the person detained?

Answer 24

1. Shall be informed of the cause of his detention

2. Allowed upon his request to communicate and confer at anytime with his attorney or counsel.

Question 25

What is the length of the waiver?

Answer 25

Light offense- 5 days

Serious and less serious offenses-7 to 10 days

Question 26

What is the deference between expulsion and grave coercion?

Answer 26

Expulsion is committed by a public officer.

Grave coercion who committed the act under Article 127, and he is a private person.