TITLE II Flashcards
What is the Title II of the RPC book 2?
CRIMES AGAINST THE FUNDAMENTAL
LAWS OF THE STATE
Crimes under this title are those which violate the Bill of
Rights accorded to the citizens under the Constitution.
Under this title, the OFFENDERS are PUBLIC OFFICERS,
except as to the last crime – offending the religious feelings
under Article 133, which refers to any person. The public
officers who may be held liable are only those acting under
supposed exercise of official functions, albeit illegally
Article 124
Arbitrary Detention
Elements
1. Offender is a public officer or employee;
2. He detains a person;
3. The detention is without legal grounds.
Meaning of absence of legal grounds
1. No crime was committed by the detained;
2. There is no violent insanity of the detained person; and
3. The person detained has no ailment which requires
compulsory confinement in a hospital.
The crime of Arbitrary Detention assumes
several forms:
(1) Detaining a person without legal grounds under;
(2) Having arrested the offended party for legal grounds but
without warrant of arrest, and the public officer does not
deliver the arrested person to the proper judicial authority
within the period of 12, 18, or 36 hours, as the case may
be; or
(3) Delaying release by competent authority with the same
period mentioned in number 2
there must be an actual restraint; (if guarded, then there is restriction)
Difference of Arbitrary Detention and Illegal Detention
Arbitrary: The principal offender must
be a public officer. Civilians
can commit the crime of
arbitrary detention except
when they conspire with a
public officer committing this
crime, or become an
accomplice or accessory to
the crime committed by the
public officer; and The offender who is a public
officer has a duty which
carries with it the authority to
detain a person.
Illegal Detention: The principal offender is a
private person. But a public
officer can commit the crime
of illegal detention when he
is acting in a private capacity
or beyond the scope of his
official duty, or when he
becomes an accomplice or
accessory to the crime
committed by a private
person.; and
The offender, even if he is a
public officer, does not
include as his function the
power to arrest and detain a
person, unless he conspires
with a public officer
committing arbitrary
detention.
Article 125
Delay in the Delivery of Detained
Persons to the Proper Judicial
Authorities
Elements
1. Offender is a public officer or employee;
2. He detains a person for some legal ground;
3. He fails to deliver such person to the proper judicial
authorities within –
12 hour for light penalties;
18 hours for correctional penalties; and
36 hours for afflictive or capital penalties.
Note that the period stated herein does not include the
nighttime. It is to be counted only when the prosecutor’s office
is ready to receive the complaint or information.
This article does not apply if the arrest is with a warrant. The
situation contemplated here is an arrest without a warrant.
Note that delivery of the arrested person to the proper
authorities does not mean physical delivery or turn over
of arrested person to the court. It simply means putting the
arrested person under the jurisdiction of the court. This is done
by filing the necessary complaint or information against the
person arrested in court within the period specified in Article
125. The purpose of this is for the court to determine whether
the offense is bailable or not and if bailable, to allow him the
right to bail.
Within what period should a police officer who has
arrested a person under a warrant of arrest turn over
the arrested person to the judicial authority?
There is no time limit specified except that the return
must be made within a reasonable time. The period
fixed by law under Article 125 does not apply because
the arrest was made by virtue of a warrant of arrest.
The arrest of the suspect was done in Baguio City.
On the way to Manila, where the crime was
committed, there was a typhoon so the suspect
could not be brought to Manila until three days later.
Was there a violation of Article 125?
There was a violation of Article 125. The crime
committed was arbitrary detention in the form of delay
in the delivery of arrested person to the proper judicial
authority. The typhoon or flood is a matter of defense
to be proved by the accused, the arresting officer, as
to whether he is liable. In this situation, he may be
exempt under paragraph 7 of Article 12.
Before Article 125 may be applied, it is necessary that
initially, the detention of the arrested person must be
lawful because the arrest is based on legal grounds. If
the arrest is made without a warrant, this constitutes an unlawful
arrest. Article 269, not Article 125, will apply. If the arrest is not
based on legal grounds, the arrest is pure and simple arbitrary
detention. Article 125 contemplates a situation where the arrest
was made without warrant but based on legal grounds. This is
known as citizen’s arrest
Article 126
Delaying Release
Elements
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 service of the notice of such order to the prisoner;
b. the performance of such judicial or executive order for
the release of the prisoner; or
c. the proceedings upon a petition for the release of such
person.
Article 127
Expulsion
Elements
1. Offender is a public officer or employee;
2. He either –
a. expels any person from the Philippines; or
b. compels a person to change residence;
3. Offender is not authorized to do so by law
Expulsion is commiitted by a Public officer. What crime is it called if it is committed by a private person?
Grave coercion
Certain aliens were arrested and they were just
put on the first aircraft which brought them to the
country so that they may be out without due
process of law. Was there a crime committed?
Yes. Expulsion.
If a Filipino citizen is sent out of the country,
what crime is committed?
Grave coercion, not expulsion, because a Filipino
cannot be deported. This crime refers only to aliens.
Article 128
Violation of Domicile
Acts punished
1. Entering any dwelling against the will of the owner thereof;
2. Searching papers or other effects found therein without the
previous consent of such owner; or
3. Refusing to leave the premises, after having surreptitiously (SECRETLY)
entered said dwelling and after having been required to
leave the same
Common elements
1. Offender is a public officer or employee;
2. He is not authorized by judicial order to enter the dwelling
or to make a search therein for papers or other effects.
Circumstances qualifying the offense
1. If 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
offender.
Article 129
Search Warrants Maliciously Obtained,
and Abuse in the Service of Those
Legally Obtained
Acts punished
1. Procuring a search warrant without just cause;
Elements
1. Offender is a public officer or employee;
2. He procures a search warrant;
3. There is no just cause.
- Exceeding his authority or by using unnecessary severity in
executing a search warrant legally procured.
Elements - Offender is a public officer or employee;
- He has legally procured a search warrant;
- He exceeds his authority or uses unnecessary
severity in executing the same.
The search warrant is not a license to
commit destruction.
three recognized instances when search without
a warrant is considered valid
(1) Search made incidental to a valid arrest;
(2) Where the search was made on a moving vehicle or vessel
such that the exigency of the situation prevents the
searching officer from securing a search warrant;
(3) When the article seized is within plain view of the officer
making the seizure without making a search therefore.
Article 130
Searching Domicile without Witnesses
Elements
1. Offender is a public officer or employee;
2. He is armed with search warrant legally procured;
3. He searches the domicile, papers or other belongings of
any person;
4. The owner, or any members of his family, or two witnesses
residing in the same locality are not present.
Article 131.
Prohibition, Interruption, and
Dissolution of Peaceful Meetings
Elements
1. Offender is a public officer or employee;
2. He performs any of the following acts:
a. prohibiting or by interrupting, without legal
ground, the holding of a peaceful meeting, or by
dissolving the same;
b. hindering any person from joining any lawful
association, or attending any of its meetings;
c. 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.
Article 132
Interruption of Religious Worship
Elements
1. Offender is a public officer or employee;
2. Religious ceremonies or manifestations of any religious are
about to take place or are going on;
3. Offender prevents or disturbs the same.
Qualified if committed by violence or threat.
Article 133
Offending the Religious Feelings
Elements
1. Acts complained of were performed in a place devoted to
religious worship, or during the celebration of any religious
ceremony;
2. The acts must be notoriously offensive to the feelings of the
faithful.
3. There must be deliberate intent to hurt the feelings of the
faithful.
