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Art. 124
ARBITRARY DETENTION
Elements:
1.) He has not committed any crime or any reasonable ground for suspicion that he has
committed crime.
2.) Not suffering from violent insanity or other ailment compulsory for confinement.
*Sec 5 Rule 113, Revised Rules on Criminal Procedure: The actual commission of a crime by
the person detained is not necessary to justify his detention.
*Sec 5 Rule 113: A person may be validly arrested without warrant is where he has
escaped from confinement.
*Without Warrant: A person may be validly arrested without warrant because at the time of
the arrest, the escape is in the continuous act of committing a crime evading the service of
his sentence.
Elements:
*125 Applies when arrest is made without warrant but is lawful with a warrant- can be
detained indefinitely until his case is decided or when he posts bail.
Sec 7 Rule 12, Revised Rules of Criminal Procedure- When a person is lawfully
arrested without warrant involving in an offense, which requires a preliminary
investigation, the complainant or information may be filed by a prosecutor without
a need of such investigation provided an inguest has been conducted in accordance
with existing rules. In the absence or unavailability of an inguest or prosecutor the
complainant may be files by the offended party or a peace officer directly with
proper court on the basis of the affidavit of the offended party or arresting officer or
person.
*Judicial Authorities- SC & other inferior courts as may be established by low; courts of
courts of justice or judges of said courts vested with judicial power to order the temporary
detention or confinements of a person charged with having committed a public offense.
Must be taken for consideration in determining the criminal liability for detaining after
period has presented.
*Rationale for A. 125: - Intended to prevent any abuse resulting from confining a person
withtou informing him of his offense and without permitting him to go on bail.
*R.A. No. 9372- (CA 125 Does not apply to suspected terrorist who are detained under this
act)
A person charged with or suspected of the crime of terrorism or the crime of conspiracy to
commit terrorism shall be delivered to the proper judicial authority within 3 days from the
moment of said charge or suspected person has been arrested, apprehended detained and
taken into custody by police or law enforcer without latter being charged for delay of
deliver to proper judicial authority. (Arrest of the suspects must result from the surveillance
under Sec.7 & examination of banks under Sec. 27)
VIOLATION OF DOMECILE
Acts punishable:
Elements:
*If public officer has a search warrant duly issued by the court, he is authorized, not liable
for 128
* Entrance MUST BE AGAINST the will of the owner of dwelling, meaning there is
opposition or prohibition by said owner express or implied.
NOTE:
Dwelling- Art. 14, Aggravating circ. P.3
- a building/ structure exclusively used to rest and comfort (entire
structure/ a portion thereof)
(2) Any papers or effects not constituting evidence of a crime are not returned immediately
after the search made by the offender
Acts punishable:
Elements:
*Search Warrant- 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. (valid for 10 days from its
date,void)
*Officer has the right to break open any port of the house of refused to admittance be place
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.
*After seizing property, officer shall issue a detained receipt in the place where he found the
seized property.
*Search Warrant- NO JUST CAUSE:
> When it appears on the face of the affidavits filed in support of the application
>Through other evidence, that the applicant had every reason to believe that the search
warrant sought was unjustified
> Oath required must refer to the truth of the facts within the personal knowledge of the
applicant for search warrant or his witness (not facts reported to me by a person whom I
consider to be reliable)
*Illegally seized documents, papers and things are admissible as evidence, must be
abandoned. This exclusion of such (documents) evidence is the only practical means of
enforcing the constitutional injunction against unreasonable searchers and seizures.
*SEC 12, Rules 26, Revised Rules on Criminal Procedure- A person lawfully arrested may be
searched for dangerous weapons or anything which may be used as proof of the
commission of an offense, without a search warrant.
*A lawful arrest may be made without warrant and a search may lawfully be made to find
and seize things connected with the crime as its fruits or as the means by which it was
committed.
*Vessels & Aircrafts for violation of customs laws may be searched & seized without search
warrant:
Elements:
*SEC 2203 Tarrif and Customs Code- Authorizes police officers authority to search
anywhere but a dwelling house, without mentioning the need of a search warrant. In the
search of a dwelling house, it may be entered and searched only upon warrant issued by a
judge or justice of peace
*SEC 8 Rule 126 RPCP- No search without the presence of owner, familt member or 2
witnesses from the same locality shall be made.
ART. 131
Acts Punished:
Elements:
P1: Prohibit interrupt, without legal ground, the holding if a peaceful meeting or dissolving
the same:
(1) There must be peaceful (meeting must be peaceful)
(2) No ground for prohibiting, or interrupting or dissolving such meeting
*Right to peaceful meeting-not absolute. It is regulated to prevent injuries to the equal
enjoyment of others having equal rights, nor injurious to the right if the community or
safety.
*Police Power- the power to prescribe regulations to promote the good order or safety and
the general welfare of the people.
*When the meeting is not peaceful, there must be reasonable ground to believe that the
danger apprehended is imminent and that the devil to be prevented is serious.
*The offender must be or stranger, not a participant, in the peaceful meeting. If participant,
violation is under unjust vexation.
*Interrupting & dissolving the meeting of a municipal council by a public officer is a crime
against a legislative body (Sec 1, Act 1755)
*Talking about politics is not allowed as per agreement be stopped (even in peaceful
meetings) not liable. Talking about other religion, and stopping speaker is a violation.
ART 132
Elements:
*Reading the bible and then attacking certain churches in a public plaza is not a ceremony
or manifestation of a religion, but only a meeting of a religious sect.
*Persons who meet for the purpose of religious worship, by any method which is not
indecent and unlawful, have a right to do so without being molested or disturbed. (HULL V
STATE)
ART 133
Elements:
*It is not necessary that there is a religious ceremony going on when the offender performs
act notoriously offensive to the feelings of the failthful.
*Religious Ceremonies- are those religious acts performed outside of a church, such as
processions and special prayers for burying dead persons.
*The act must be directed against religious practice or dogma or ritual for the purpose of
ridicule, as mocking or scoffing at or attempting to damage an object of religious veneration.
*Qualifying- how does it affect the penalty? Makes it impossible in max period.