Crimes against the fundamental laws of the state

Question 1

What are the crimes against the fundamental laws of the State?

Answer 1

1. Arbitrary detention. (Art. 124)
2. Delay in the delivery of detained persons to the proper judicial
   authorities. (Art. 125)
3. Delaying release. (Art. 126)
4. Expulsion. (Art. 127)
5. Violation of domicile. (Art. 128)
6. Search warrants maliciously obtained and abuse in the service
   of those legally obtained. (Art. 129)
7. Searching domicile without witnesses. (Art. 130)
8. Prohibition, interruption, and dissolution of peaceful meetings.
   (Art. 131)
9. Interruption of religious worship. (Art. 132)
10. Offending the religious feelings. (Art. 133)

Question 2

What are the elements of arbitrary detention?

Answer 2

1. That the offender if a public officer or employee.
2. That he detains a person.
3. That the detention is without legal grounds.

Question 3

When is there a detention?

Answer 3

Detention is defined as the actual confinement of a person in an enclosure, or in any manner detaining and depriving him of his liberty.

A person is detained when he is placed in confinement or there is a restraint on his person.

Question 4

When is detention without legal ground?

Answer 4

The detention of a person is without legal ground: (1) when he has not committed any crime or, at least, there is no reasonable ground for suspicion that he has committed a crime, or (2) when he is not suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital.

Question 5

Legal grounds for the detention of any person.

Answer 5

(a) The commission of a crime;
(b) Violent insanity or any other ailment requiring the compulsory
confinement of the patient in a hospital. (Art. 124, par. 2)

Question 6

Arrest without warrant — When lawful.

Answer 6

(a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;
(b) 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; 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 temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. (Sec. 5, Rule 113, Revised Rules of Criminal
Procedure)

Question 7

What is Probable cause?

Answer 7

Probable cause can be defined as such facts and circumstances which could 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 the place sought to be searched.

Question 8

When is detention penalized?

Answer 8

(a) If the detention has not exceeded 3 days.
(b) If the detention has continued more than 3 days but not more
than 15 days.
(c) If the detention has continued more than 15 days but not more than 6 months.
(d) If the detention has exceeded 6 months. (Art. 124, Nos. 1 to 4)

Question 9

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

Answer 9

1. That the offender is a public officer or employee.
2. That he has detained a person for some legal ground.
3. 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.

Question 10

What is “Proper judicial authorities.” as used in Art 125?

Answer 10

The term “judicial authorities”, as used in Art. 125, means the courts of justice or judges of said courts vested with judicial power to order the temporary detention or confinement of a person charged with having committed a public offense, that is, the “Supreme Court and such inferior courts as may be established by law.” (Section 1, Article VIII of the 1987
Constitution)

Question 11

Rights of the person detained:

Answer 11

1. He shall be informed of the cause of his detention; and
2. He shall be allowed, upon his request, to communicate and confer at anytime with his attorney or counsel. (Art. 125, par. 2)

Question 12

Art. 125 distinguished from Art. 124

Answer 12

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.

Question 13

What are the acts punishable by Art 126?

Answer 13

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.

Question 14

What are the elements of delaying release?

Answer 14

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.

Question 15

What are the elements of expulsion?

Answer 15

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.

Question 16

What are the crimes known as violation of domicile?

Answer 16

1. 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)
2. Search warrants maliciously obtained and abuse in the service of those legally obtained. (Art. 129)
3. Searching domicile without witnesses. (Art. 130)

Question 17

Acts punishable under Art. 128.

Answer 17

1. By entering any dwelling against the will of the owner thereof; or
2. By searching papers or other effects found therein without the previous
   consent of such owner; or
3. By refusing to leave the premises, after having surreptitiously entered
   said dwelling and after having been required to leave the same.

Question 18

What are the circumstances qualifying the offense under violation of domicile?

Answer 18

(1) If the offense is committed at nighttime; or
(2) If any papers or effects not constituting evidence of a crime are not
returned immediately after the search made by the offender.

Question 19

Acts punishable in connection with search warrants.

Answer 19

1. By procuring a search warrant without just cause.
2. By exceeding his authority or by using unnecessary severity in executing a search warrant legally procured.

Question 20

Elements of procuring a search warrant without just cause:

Answer 20

a. That the offender is a public officer or employee.
b. That he procures a search warrant.
c. That there is no just cause.

Question 21

What is a search warrant?

Answer 21

A search warrant is an order in writing issued in the name of the
People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court. (Sec. 1, Rule 126, Revised Rules of Criminal Procedure)

Question 22

Personal property to be seized.

Answer 22

A search warrant may be issued for the search and seizure of the
following personal property:
(a) Subject of the offense;
(b) Stolen or embezzled and other proceeds or fruits of the offense;
or
(c) Used or intended to be used as the means of committing an
offense. (Sec. 3, Rule 126, Revised Rules of Criminal Procedure)

Question 23

define Probable cause

Answer 23

It is such reasons, supported by facts and circumstances, as will
warrant a cautious man in the belief that his action, and the means taken in prosecuting it, are legally just and proper.

Question 24

When is a search warrant said to have been procured without just cause?

Answer 24

A search warrant is said to have been procured without just cause when it appears on the face of the affidavits filed in support of the application therefor, or through other evidence, that the applicant had every reason to believe that the search warrant sought for was unjustified.

Question 25

Elements of exceeding authority or using unnecessary severity in
executing a search warrant legally procured:

Answer 25

a. That the offender is a public officer or employee.
b. That he has legally procured a search warrant.
c. That he exceeds his authority or uses unnecessary severity in
executing the same.

Question 26

What are the elements of searching domicile without legal witness?

Answer 26

1. That the offender is a public officer or employee.
2. That he is armed with search warrant legally procured.
3. That he searches the domicile, papers or other belongings of any person.
4. That the owner, or any member of his family, or two witnesses residing in the same locality are not present.

Question 27

What are the acts punished in connection with peaceful meetings, associations, and petitions?

Answer 27

1. By prohibiting or by interrupting, without legal ground, the holding of a peaceful meeting, or by dissolving the same.
2. By hindering any person from joining any lawful association or from attending any of its meetings.
3. By prohibiting or hindering any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances.

Question 28

What are the crimes against religious worship?

Answer 28

They are:
1. Interruption of religious worship. (Art. 132)
2. Offending the religious feelings. (Art. 133)

Question 29

What are the elements of interruption of religious service?

Answer 29

1. That the offender is a public officer or employee.
2. That religious ceremonies or manifestations of any religion are about to take place or are going on.
3. That the offender prevents or disturbs the same.

Question 30

What qualifies the felony of interruption of religious service?

Answer 30

If the crime is committed with violence or threats.

Question 31

What are the elements of offending the religious feelings?

Answer 31

Elements:
1. That the acts complained of were performed (1) in a place devoted to religious worship, or (2) during the celebration of any religious ceremony.
2. That the acts must be notoriously offensive to the feelings of the faithful.

Question 32

Meaning of religious ceremonies.

Answer 32

Religious ceremonies are those religious acts performed outside of a church, such as processions and special prayers for burying dead persons.

Question 33

what is the process of disposition for person arrested without warrant?

Answer 33

the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail, and he shall be proceeded against in accordance with Rule 112, Section 6.

Question 34

What Circumstances are considered in determining liability of officer detain- ing a person beyond legal period.

Answer 34

For the purpose of determining the criminal liability of an officer detaining a person for more than the time prescribed by the Revised Penal Code, (1) the means of communication as well as (2) the hour of arrest and (3) 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, must be taken into consideration. (Sayo vs. Chief of Police of Manila,

Question 35

who are most likely to violate article 126?

Answer 35

Wardens and peace officers temporarily in-charged of the custody of prisoners or detained persons

Question 36

Who are authorized by law to order a person to change his residence?

Answer 36

Only the Court through:
1. ejectment proceedings
2. expropriation proceedings
3. in the penalty of destierro

Question 37

When may peace officers enter the house of an offender who committed an offense in their presence?

Answer 37

Peace officers are authorized to make arrests without warrant for breaches of the peace committed in their presence, and may enter the house of an offender for such purpose, provided the unlawful conduct is such as to affect the public peace. (U.S. vs. Vallejo, et al, 11 Phil. 193)

Question 38

When is search and seizure without a search warrant legal?

Answer 38

1. as incident to a valid arrest
2. when searching vessels and aircraft for violations of the customs laws

Question 39

How should acts notoriously offensive to the feelings of the faithful be interpreted?

Answer 39

The acts must be directed against religious practice or dogma or ritual for the purpose of ridicule, as mocking or scoffing at or attempting to damage an object of religious veneration. (Viada; People vs. Baes, 68 Phil. 203)

Question 40

What are examples of acts notoriously offensive to the feelings of the faithful?

Answer 40

1. Throwing stone at the minister of the Iglesia ni Cristo who was preaching or spreading his beliefs before a crowd notoriously offended the religious feelings of the minister and of the members of the Iglesia ni Cristo who witnessed the incident. (People vs. Migallos, CA-G R No. 13619-R, Aug. 5, 1955)
2. Remarks that those who believed that Christ is God are anti-Christ, that all the members of the Roman Catholic Church are marked by the demon, and that the Pope is the Commander of Satan are notoriously offensive to the feelings of the faithful. (People vs. Mandorio, supra)