Title II_ CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE Flashcards
Article 124
What is Arbitrary Detention?
What are the penalties?
What are the other legal grounds for detention?
Arbitrary Detention. — Any public officer or employee who, without legal grounds, detains a person, shall suffer:
- The penalty of arresto mayor in its maximum period to prisión correccional in its minimum period, if the detention has not exceeded three days;
- The penalty of prisión correccional in its medium and maximum periods, if the detention has continued more than three but not more than fifteen days;
- The penalty of prisión mayor, if the detention has continued for more than fifteen days but not more than six months; and
- That of reclusión temporal, if the detention shall have exceeded six months
The commission of a crime, or violent insanity or any other ailment requiring the compulsory confinement of the patient in a hospital, shall be considered legal grounds for the detention of any person.
Article 125
How is the delay in the delivery of detained persons to the proper judicial authories committed?
What are the periods provided by the provision?
What are the other rights of the detained person?
Delay in the Delivery of Detained Persons to the Proper Judicial Authorities. — The penalties provided in the next preceding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of:
12 hours- light penalties or their equivalent
18 hours- correctional penalties or their equivalent
36 hours- afflictive or capital penalties or their equivalent
In any case the person detained shall be:
1. informed of the cause of his detention
2.be allowed upon his request to communicate and confer at any time with his attorney or counsel
Article 126
What are the penalties for delaying of release?
How is delaying of release committed?
Delaying Release. — The penalties provided for in article 124 shall be imposed upon any public officer or employee who:
1.delays for the period of time specified therein the performance of any judicial or executive order for the release of a prisoner or detention prisoner, or
2.unduly delays the service of the notice of such order to said prisoner or the proceedings upon any petition for the liberation of such person.
Article 127
What is the penalty for expulsion?
How is expulsion committed?
The penalty of prisión correccional shall be imposed upon any public officer or employee who, not being thereunto authorized by law, shall;
- expel any person from the Philippine Islands or
2.shall compel such person to change his residence.
Article 128 - violation of domicile
Who can commit violation of domicile?
How is violation of domicile committed?
What is the penalty?
What if the offense is committed in the nighttime, or if any papers or effects not constituting evidence of a crime not returned immediately after the search made by the offender?
It can he committed by any public officer.
By entering any dwelling against the will of the owner thereof, search papers or other effects found therein without the previous consent of such owner I or having surreptitiously entered said dwelling and required to leave the premises, shall refuse to do so.
The penalty is prison correctional in its minimum period.
The penalty of prison correctional in its medium and maximum periods shall be impose if the offense is committed in the right time or if any papers or effects not constituting evidence of a crime not returned immediately after the search made by the offender.
Article 129 - search warrants maliciously obtained and abuse in the service of this legally obtained
Who can commit it?
How is it committed?
What is the penalty?
It can be committed by any public officer or employee.
By procuring a search warrant without just cause on having legally procured the same, shall exceed his authority or use unnecessary severity in executing the same.
Penalty of arrest mayor in its maximum period to prison correctional in its minimum period and a fine not exceeding two hundred thousand Pesos.
Article 130 - searching domicile without witnesses
Who can commit it?
How can it he committed?
What is the penalty?
It can be committed by a public officer or employee.
It is committed in cases where a search is proper shall search the domicie, papers, or other belongings of any person In the absence of the latter, any member of his family, or in their default, without the presence of two witnesses residing in the same locality.
The penalty is arrested mayor in its medium and maximum periods
Article 131 - prohibition, interruption’ and dissolution of peaceful meetings
Paragraph 1
Who can commit it?
How can it be committed?
What is he penalty?
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Paragraph 2
Who can commit it?
How can it he committed?
What is the penalty?
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Paragraph 3
Who can commit it?
How can it he committed?
What is the penalty?
Paragraph 1
Can be comitted by any public officer or employee.
Can be committed when without any legal ground, shall prohibit or interrupt the holding of peaceful meetingo shall dissolve the same.
The penalty of prison correccional in its minimum period.
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Paragraph 2
Can be comitted by any public officer or employee.
Can be committed by hindering any person from joining any lawful associates or from attending any of its meetings.
The penalty of prison correccional in its minimum period.
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Paragraph 2
Can be comitted by any public officer or employee.
Can be committed by prohibiting o hindering any person from addressing either alive or together with others, any petition to the authorities for correction abuses or redress of grievances.
The penalty of prison correccional in its minimum period.
Article 132 - interruption of religious warship
Who can commit it?
How can it be committed?
What is the penalty?
What is the penalty if the crime is committed with violence on threats?
Can be committed by public officer or employee.
It can be committed by the offender who shall prevent or disturb the ceremonies or manifestation of any religion.
The penalty is prison correctional in its minimum period.
The penalty of prison correctional in its medium and maximum periods if the crime is committed with violence on threats.
Article 133 - offending the religious feelings
Who can commit it?
How can it be committed?
What is the penalty?
It can be committed by anyone.
It is committed by anyone who, in a place devoted to worship or during the celebration of any religious ceremony shall perform acts notoriously offensive to the feelings of the faithful.
The penalty of arrest mayor in its maximum period to prison correctional in its minimum period.
