Crimes Against the Fundamental Laws of The State

Question 1

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

Answer 1

They are:

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 worships (Art. 132)
10. Offending the religious feelings (Art. 133)

Question 2

Why they are called crimes against the fundamental laws of the State?

Answer 2

Because they violate certain provisions of the Bills of Rights (Article III) of the 1987 Constitution

Question 3

What are the classes of arbitrary detention?

Answer 3

1. Arbitrary detention by detaining a person without legal ground. (Art. 124)
2. Delay in the delivery of detained persons to the proper judicial authorities (Art. 125)
3. Delaying release (Art. 126)

Question 4

Are the penalties for the 3 classes of arbitrary detention are the same as provided in Article 124?

Answer 4

Yes. Take note, Article 125 and 126 do not provide penalties for their violation. They make reference to the penalties provided for in Article 124.

Question 5

What are the elements of arbitrary detention?

Answer 5

The elements of arbitrary detention are:

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 6

What is necessary to remember when the offender in arbitrary detention is a public officer or employee?

Answer 6

• The public officers liable for arbitrary detention must be vested with authority to detain or order the detention of persons accused of a crime, but when they detain a person they have no legal grounds therefor.
• Such public officers are the policemen and other agents of the law, the judges or mayors.
• A barangay captain and municipal councilor are public officers.

Question 7

What if the detention is perpetrated by other public officers? Is there any other crime can be committed besides arbitrary detention?

Answer 7

Yes, the crime committed may be illegal detention because they are acting in their private capacity.

Question 8

What if the offender is a private individual in arbitrary detention?

How about private individuals who conspired with public officers in detaining certain policemen? What is the crime?

Answer 8

This act fall on the crime of detaining another which is ILLEGAL DETENTION under Article 267 or Article 268

• But private individuals who conspired with public officers in detaining certain policemen are GUILTY of ARBITRARY DETENTION

Question 9

When is there a detention?

Answer 9

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 persons.

Even if the persons detained could move freely in and out of their prison cell and could take their meals outside te prison, nevertheless, if they were under the surveillance of the guards and they could not escape for fear of being apprehended again, there would still be arbitrary detention.

Question 10

When is the detention of the a person is “without legal grounds”?

Answer 10

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
2. when he is not suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital.

Question 11

What are the legal grounds for the detention of any person?

Answer 11

The following are legal grounds for the detention of any person:

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

Question 12

What is the usual cause of arbitrary detention?

Answer 12

Arrest without warrant is the usual cause of arbitrary detention.

• A peace officer must have a warrant of arrest properly issued by the court in order to justify an arrest.
• If there is no such warrant of arrest, the arrest of a person by a public officer may constitute arbitrary detention.
• Arrest without warrant—- When lawful

Question 13

What is required in arresting a person?

Answer 13

Personal knowledge is required.

• “Personal knowledge of facts” in arrests without a warrant must be based upon probable cause, which means an actual belief or reasonable grounds of suspicion.

Question 14

What is probable cause?

Answer 14

Probable cause can be defined as such facts and circumstances which could lead a resonable 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 15

Can arbitrary detention can be committed through imprudence?

Answer 15

The crime of arbitrary detention can be committed through imprudence.

Question 16

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

Answer 16

Elements:

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 authorites within:

• 12 hours, for crimes/offenses punishable by light penalties, or their equivalent
• 18 hours, for crimes or offenses punishable by correctional penalties, or their equivalent
• 36 hours, for crimes or offenses punishable by afflictive or capital penalties, or their equivalent.

Question 17

What if the offender is a private person? What is the crime?

Answer 17

The crime is illegal detention.

Question 18

What is “proper judicial authorities” mentioned in Article 125?

Answer 18

The term “judicial authorities” as used in Article 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.”

• Judicial authorities here cannot be considered to include the fiscal of the City of Manila or any other city because they cannot issue a warrant of arrest or of commitment for temporary confinement of a person surrendered to legalize the detention of the person arrested without warrant.

Question 19

Should the police officer release a detained person when a judge is not available?

Answer 19

Where a judge is not available, the arresting officer is duty-bound to release a detained person, if the maximum hours for detention provided under Article 125 of the RPC has already expired. Failure to cause the release may result in an offense under Article 125.

Question 20

What are the circumstances considered in determining liability of officer detaining a person beyond legal period?

Answer 20

For the purpose of determining the criminal liability of an officer detaining a person for more than the time prescribed by the R.P.C:

1. the means of communication as well as the
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.

Question 21

What if the accused were arrested for direct assualt, punishable by a correctional penalty, on the evening of June 17, 1953? What is held?

Answer 21

The complaint could not normally been filed earlier than 8:00 in the morning of June 18 because the government offices open for business usually at 8:00 in the morning and close at 5:00 in the afternoon. This is a circumstance considered in determining liability of officer in detaining a person beyond a legal period.

Question 22

A was arrested and detained for theft. The arresting officer filed the complaint with the City Fiscal only after 24 hrs An information for theft agaist A was filed with the court on the same day by the fiscal. Warrant of arrest was issued by the court. What is held?

Answer 22

The failure of arresting officer to deliver the person arrested to the judicial authority within the time specified in Article 125, does not affect the legality of the confinement of the petitioner who is detained because of the warrant subsequently issued by a competent court when an information was filed therein.

Question 23

What are the rights of the person detained?

Answer 23

The rights of the person detained are:

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

Question 24

Are public officer or employee liable for preventing the exercise of the right of attorneys to visit and confer with persons arrested?

Answer 24

Yes, they are liable.

Under RA No. 857, any public or employee who shall obstruct, prohibit, or otherwise prevent an attorney entitled to practice in the courts of the Philippines from visiting and conferring privately with a person arrested, at any hour of the day or, in urgent cases, of the night, said visit and conference being requested by the person arrested or by another acting in his behalf, shall be punished by arresto mayor.

Question 25

What are the reasons behind the provisions of Article 125?

Answer 25

Article 125 of the R.P.C. 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.

Question 26

Distinguish Article 125 from Article 124

Answer 26

• In arbitrary detention under Article 124, the detention is illegal from the beginning.
• In arbitrary detention under Article 125, the detention is legal in the beginning but the illegality ofthe detention starts from the expiration of any of the periods of time specified in Article 125, without the detained prisoner detained having been delivered to the proper judicial authority.

Question 27

Does time for delivery of detained persons prescribed in Article 125 does not apply to suspected terrorists who are detained under Republic Act No. 9372?

Answer 27

Yes, it does not apply.

Under Sec. 18 of RA No. 9372, a person charged with or suspected of the crime of Terrorism or crime of Conspiracy to commit terrorism shall be delivered to the proper judicial authority within a period of 3 days counted from the moment the said charged or suspected person has begun apprehended or arrested, detained, and taken into custody by the said police, or law enforcement personnel, without the police or law enforcement personnel having said person in custody incurring any criminal liability for delay in the delivery of detained persons to the proper judicial authority. However, the arrest of the suspects must result from the surveillance under Section 7 and examination of bank deposits under Section 27.

Question 28

Should a judge must be notified before a suspected terrorist is detained?

Answer 28

Under Republic Act No. 9372, a judge must be notified before a suspected terrorist is detained.

Before detaining the person suspected of the crime of terrorism, the police or law enforcement personnel concerned must be present him or her before ANY JUDGE at the latter’s residence or office nearest the place where the arrest took place at any time of the day and night.

The duty of the judge is to ascertain the identity of the police or law enforcement personnel and the person/s they have arrested and presented before him or her, to inquire of them the reasons why they have arrested the person and determine by questioning and personal observation whether or not the suspect has been subjected to any physical, moral, and psychological torture by whom and why.

Question 29

Explain the period of detention in the event of an actual or imminent terrorist attack.

Answer 29

In the event of an actual or imminent terrorist attack, suspects may not be detained for more than three days without the written approval of a municipal, city, provincial, or regional official of a Human Rights Commission or judge of the municipal, regional trial court, the Sandiganbayan or a Justice of the Court of Appeals nearest the place of the arrest.

If the arrest is made during Saturdays, Sundays, holdays, or after the office hours, the arresting police or law enforcement personnel shall bring the person thus arrested to the residence of any of the officials mentioned above that is nearest the place where the accused was arrested.

Question 30

What are the 3 acts punishable under Article 126 (Delaying Release)?

Answer 30

Three acts are punishable under Article 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.

Question 31

What are the elements of Article 126 (Delaying release)?

Answer 31

Elements:

1. That the offender is a public officer or employee
2. That there is a judicial or executive order for the release of a prisiner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person.
3. That the offender without good reason delays:

• the service of the notice of such order to the prisoner
• the performance of such judicial or executive order for the release of the prisoner
• the proceedings upon a petition for the release of such person

Question 32

Give an example of delaying release?

Answer 32

For failure to prosecute, because the witness of the prosecution did not appear, the case was dismissed and the justice of the peace gave an order to release the accused. The jailer refused to release the accused, notwithstanding that order of release, until after several days.

Question 33

Are warden and jailers public officers most likely to violate Article 126?

Answer 33

The public officers who are most likely to commit the offense penalized in Article 126 are the wardens and peace officers temporarily in charge of the custody of prisoners or detained persons.

Question 34

What are the two acts punishable under Article 127 (Expulsion)?

Answer 34

2 acts punishable under Article 127:

1. By expelling a person from the Philippines
2. By compelling a person to change his residence

Question 35

What are the elements under Article 127 (Expulsion)?

Answer 35

Elements:

1. That the offender is a public officer or employee
2. That he expels any person from the Philippines, or comels a person to change his residence
3. That the offender is not authorized to do so by law

Question 36

What are the crimes known as violation of domicile?

Answer 36

They are:

1. Violation of domicile by entering a swelling 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 witness (Art. 130)

Question 37

What are the acts punishable under Article 128 (Violation of Domicile)?

And what are the elements common to 3 acts?

Answer 37

Acts punishable under Article 128:

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 refreshing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same.

Elements commn to three acts:

1. That the offender is a public officer or employee
2. That he is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers or other effects.

Question 38

What if the offender who enters the dwelling against the will of the owner tereof is a private individual, what crime is committed?

Answer 38

The crime committed is trespass to dwelling under Article 280.

Question 39

In Violation of Domicile under Art. 128, what kind of offender is needed?

Answer 39

The offender must be a public officer or employee

Question 40

Does an officer have a right to break into building or enclosure?

What is the reason behind the provision of Sec. 11, Rule 113, Revised Rules of Criminal Procedure?

Answer 40

An officer, in order to make an arrest either by virtue of a warrant, or without a warrant as provided in Section 5, may break into any building or enclosure where the person to be arrested is or is reasonably believed to be, if he is refused admittance thereto, after announcing his authority and purpose. (Sec. 11, Rule 113, Revised Rules of Criminal Procedure)

The reason for this provision is that “while it may be true in general that a man’s house is his castle, it is equally true that hr may not use that castle as a citadel for aggression against his neighbors, nor can he, within its walls, create such disorder as to affect their peace.

Question 41

Can a police officer without search warrant can lawfully enter the dwelling against the will of the owner, even if he knew that someone in the dwelling is having unlawful possession of opium?

Answer 41

A peace offcer without search warrant CANNOT lawfully enter the dwelling against the will of the owner, even if he knew that someone in the dwelling is having unlawful possession of opium.

But the mere fact that a visitor of the house of another is suspected of having unlawful possession of opium, is no excuse for entry into the house by a peace officer for the purpose of search against the will of its owner and without search warrant.

Question 42

Suppose that the opium found, after search without the previous consent of the owner of the house, belonged to said owner, and the peace officer has no search warrant, is the peace officer liable for violation of domicile?

Answer 42

Yes. The peace officer is liable for violation of domicile. No amount of incriminating evidence, whatever its source, will supply the place of search warant.

Question 43

Is Article 128 applicable when a public officer searched a person outside his dwelling without search warrant and such person is not legally arrested for an offense?

Answer 43

It is not applicable because the “papers or other effects mentioned in Article 128 must be found in the dwelling”

In such case, the crime committed by the public officer is GRAVE COERCION, if violence or intimidation is used 9Art. 286), or unjust vexation, if there is no violence or intimidation.

Question 44

What crime is constituted where a public officer or employee may commit violation of domicile even if the entrance is only without the consent of its owner?

Answer 44

What constitutes the crime is the REFUSAL of the offender to LEAVE the premises when required to do so–not the entrance of the dwelling because the offender SURREPTTIOUSLY entered the dwelling.

Question 45

What are circumstances qualifying the offense of violation of domicile?

Answer 45

Circumstances qualifyng the offense:

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

Question 46

What are the acts punishable in connection with search warrants?

Answer 46

Acts punishable in connection with search warrants are:

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

Question 47

What are the elements of procuring a search warrant without just cause?

Answer 47

Elements of procuring a search warrant without just cause:

1. That the offender is a public officer or employee
2. That he procures a search warrant
3. That thee is no just cause

Question 48

Define search warrant.

Answer 48

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 49

Enumerate the personal property to be seized.

Answer 49

A search warrant may be issued for the search and seizure of the following personal property:

1. Subject of the offense
2. Stolen or embezzled and other proceeds or fruits of the offense
3. Used or intended to be used as the means of committing an offense. (Sec. 3, Rule 126, Revised Rules of Criminal Procedure)

Question 50

What are the requisites for issuing a search warrant?

Answer 50

Under Sec. 4, Rule 126, in Revised Rules of Criminal Procedure, a search warrant shall not isue 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 witnesses he may produce, and particularly describing the place to be searched and the things to be seized which may be anywhere in the Philippines.

Question 51

Explain the examination of complainant.

Answer 51

Under Sec. 5, Rule 126, of Revised Rules of Criminal Procedure, the judge must, before issuing the warrant, personally examine in the form of searching questions and naswers, in writing and under oath, te complainant and the witnesses he may produce on facts personally known to them and attach to the record their sworn statements together with any affidavits submitted.

Question 52

Is there a right to break door or window to effect search?

Answer 52

Under Section 7, Rule 126, in Revised Rules of Criminal Procedure, the officer may break open any outer or inner door or window of a house or any part of a house or anything therein if refused admittance to the place of directed search after giving notice of his purpose and authority to execute the warrant or liberate himself or any person lawfully aiding him when unlawfully detained therein.

Question 53

What is the validity of a search warrant?

Answer 53

A search warrant shall be valid for 10 days from its date. Thereafter, it shall be void. (Sec. 10, Rule 126, Revised Rules of Criminal Procedure)

Question 54

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

Answer 54

Peace oficers 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.

Question 55

What is the traditional exception to the constitutional requirement of a search warrant?

Answer 55

Search and seizure of vessels is the exception because the vessel can be quickly moved out of the locality or jurisdiction in which the search warrant must be sought before such search warrant could be secured. Hence, it is not practicable to require a search warrant before such search or seizure can be constitutionally effected.

Question 56

What are the elements of exceeding authority or using unnecessary severity in executing a search warrant legally procured?

Answer 56

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

Question 57

What are the elements of searching domicile without witnesses?

Answer 57

The elements are:

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 58

What does the word “search” means?

Answer 58

It means “to go over or look through for the purpose of finding something; to examine”

Question 59

Does searches of vehicles or other means of transportation applies to Article 130?

Answer 59

Article 130 does not apply because the searches are not made in the dwelling.

Question 60

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

What are the elements common to the 3 acts punishable?

Answer 60

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.

Elements common to the 3 acts punishable:

1. That the offender is a public officer or employee
2. That he performs any of the acts mentioned above.

Question 61

Can a private individual commit this crime of prohibition, interruption, and dissolution of public meetings under Art. 131?

Answer 61

No. Only a public officer or employee can commit this crime. If the offender is a private individual, the crime is DISTURBANCE OF PUBLIC ORDER DEFINED IN ARTICLE 153

Question 62

Is right to peaceful meeting absolute?

Answer 62

The right to freedom and speech and Right to peaceful meeting is not absolute although it is guaranteed by our Constitution for it may be REGULATEDthrough the exercise of “POLICE POWER” of the State which is the power to prescribe regulations to promote the good order or safety and general welfare of the people.

Question 63

What are the crimes against religious worship?

Answer 63

They are:

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

Question 64

What are the elements of Interruption of Religious Worship?

Answer 64

Elements

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 65

What are the circumstances qualifying the offense of interruption of religious worship?

Answer 65

If the crime is committed with violence or threats.

Question 66

What are the elements of offending the religious feelings?

Answer 66

The elements are:

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

Question 67

What is the meaning of religious ceremonies?

Answer 67

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