Title 2: CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE Flashcards
CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE
Art.124: Arbitrary detention
Art.125: Delay in the delivery of detained persons to the proper judicial authorities
Art.126: Delaying release
Art.127: Expulsion
Art.128: Violation of domicile
Art.129: Search warrants maliciously obtained and abuse in the service of those legally obtained
Art.130: Searching domicile without witnesses
Art.131: Prohibition, interruption, and dissolution of
peaceful meetings
Art.131: Prohibition, interruption, and dissolution of
peaceful meetings
Elements
ART. 124. ARBITRARY DETENTION
a. Offender is a public officer or employee with authority to detain or order detention;
b. He detains a person; and
c. The detention is without legal grounds as:
i. No crime was committed by the detained;
ii. There is no violent insanity of the detained person; and
iii. The person detained has no ailment which
requires compulsory confinement in a hospital
Definition - Detention
ART. 124. ARBITRARY DETENTION
Actual confinement of a person in an enclosure, or, in any manner, detaining and depriving him of his liberty
Definition - Delay in Delivery
ART. 125. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES
Detaining for more than the period allowed by law without filing a charge, of a person lawfully arrested without warrant.
Elements
ART. 125. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES
a. Offender is a public officer;
b. He detains a person for some legal ground; and
c. He fails to deliver such person to the proper judicial authorities within:
i. 12 hours for light penalties.
ii. 18 hours for correctional penalties.
iii. 36 hours for afflictive or capital penalties.
Acts Punished
ART. 126: DELAYING RELEASE
(1) Delaying the performance of a judicial or executive order for the release of a prisoner;
(2) Unduly delaying the service of the notice of such order to said prisoner; or
(3) Unduly delaying the proceedings upon any petition for the liberation of such person.
Elements
ART. 126: DELAYING RELEASE
a. Offender is a public officer or employee;
b. 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; and
c. Offender, without good reason, delays the –
i. Service of the notice of such order to the prisoner;
ii. Performance of such judicial or executive
order for the release of the prisoner; or
iii. Proceedings upon a petition for the release
of such person.
Elements
ART. 127: EXPULSION
a. Offender is a public officer;
b. He commits any of the two acts:
1. Expels any person from the Philippines; or
2. Compels a person to change his residence;
c. Offender is not authorized by law to do so.
Acts Punished
ART. 128. VIOLATION OF DOMICILE
(1) Entering any dwelling against the will of the owner;
(2) Searching papers or other effects found therein, without the previous consent of such owner;
(3) Refusing to leave the premises, after surreptitiously entering said dwelling and after having been required to leave the same
Elements
ART. 128. VIOLATION OF DOMICILE
a. Offender is a public officer or employee.
b. He commits any of the 3 acts punished
c. He is not authorized by judicial order to enter the dwelling or to make a search therein for papers or other elements.
CIRCUMSTANCES QUALIFYING THE OFFENSE
ART. 128. VIOLATION OF DOMICILE
(1) Offense is committed at nighttime.
(2) Papers or effects not constituting evidence of a crime not be returned immediately.
ACTS PUNISHED
ART. 129. SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED
(1) Procuring a search warrant without just cause
(2) Exceeding authority by using unnecessary severity in executing a search warrant legally produced
Definition - Search Warrant
ART. 129. SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED
An order in writing issued in the name of the People of the Philippines, signed by a judge directed to a public officer, commanding him to search for personal property described therein and bring it before the court
Elements
ART. 130. SEARCHING DOMICILE WITHOUT WITNESSES
a. Offender is a public officer;
b. He is armed with a legally procured search warrant;
c. He searches the domicile, papers and other
belongings of any person; and
d. The owner, or the member of his family, or 2
witnesses residing in the same locality are not present.
Elements
ART. 131. PROHIBITION, INTERRUPTION AND DISSOLUTION OF PEACEFUL MEETINGS
a. Offender is a public officer;
b. Commits any of the following acts:
i. Prohibit or interrupt or dissolve the holding of a peaceful meeting, without any legal ground.
ii. Hinder any person from joining any lawful association or attending any of its meetings.
iii. Prohibit or hinder any person from addressing
(alone or with others) any petition to the authorities for the correction of abuses or redress of grievances
