Title II_ CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE

Question 1

ARTICLE 124

What are the elements of arbitrary detention?

Answer 1

1. offender is a public officer ir employee vested with the authority and jurisdiction to effect arrest and detain a person.
2. He detains a person
3. Detention is without any legal grounds.

Question 2

Article 125

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

Answer 2

1. Offender is a public officer or employee
2. He has detaines a person for some legal grounds.
3. He fails to deliver such person to the proper judicial authorities within:

a. 12 hours - light penalties or their equivalent

b.18 hours- correctional penalties or their equivalent

c. 36 hour- afflictive or capital penalties and their equivalent

Question 3

Article 126

What are the elements of delaying release?

Answer 3

1. Offender is a public officer or employee
2. There is a judicial or executive order for the release of the 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. service of notice of such order to the prisoner

b. performance of such judicial or executive order for the release of the prisoner

c. proceedings upon a petition for the release of such person

Question 4

Article 127

What are the elements of expulsion?

Answer 4

1. Offender is a public offier or employee
2. He either:

a. expels any person from the Philippines

b.compels a person to change residence and

c.offender is not authorized to do so by law

Question 5

Article 128

What are the elements of violation of domicile?

Answer 5

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; and

3.Refusing to leave the premises after having surreptitiously entered said dwelling and after having been required to leave the same.

4. He is a public officer or employee
5. He is not authorized by judicial order to enter the dwelling and / or to make a search for papers and for other effects

Question 5

Article 129

1.) What are the elements of search warrant maliciously obtained?

2.) What are the elements for abuse in the service of those legally obtained (search warrant)?

Answer 5

1) Procuring a search warrant without just cause

a. The offender is a public officer or employee

a. That he procures a search warrant

c. There is no just cause

2.)Exceeding his authority or by using unnecessary severity in executing a search warrant legally procured

a. 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 6

Article 130

What are the elements of searching without witnesses?

Answer 6

1. The offender is a public officer or employee
2. He is armed with search warrant legally procured
3. He searches the domicile, paper, and other belongings of any person; and
4. Owner or any member of his family, or two witnesses residing in the same locality are not present

Question 7

Article 131

What are the elements of prohibition, interruption and dissolution of peaceful meetings?

Answer 7

1. The offender is a public officer or employee
2. He performs any of the acts mentioned (prohibit , interrupt and dissolution of peaceful meetings)

Question 8

Article 132

What are the elements of interruption of religious worship?

Answer 8

1. The offender is a public officer or employee
2. Religious ceremonies, or manifestations of any religious ceremonies are about to take place or are going on; and
3. Offender prevents or disturbs the same.

Question 9

Article 133

What are the elements of offending the religious feelings?

Answer 9

1. Acts complained of were performed”:

a. In a place devoted to religious wordship; or

b. During the celbration of any religious ceremony

2. Acts must be notoriously offensive to the feeling of the faithful.