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TITLE II

Art. 124

ARBITRARY DETENTION

Elements:

1. Offender- Public officer or employee


2. Detains a person
3. Detetntion without legal grounds

* Detention- actual confinement of a person in an enclosure, or in any manner detaining and


depriving him of his liberty.

*Without Legal Grounds:

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.

* Lawful without Warrant:

1.) A person is actually attempting to commit


2.) Offense was committed, arresting officer has prior knowlef=dge of facts and
circumstances (with a probable casue)
3.) Escaping prisoner

*1 and 2- caught in flagrante delicts or caught thereafter

*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.

* The law does not fix any maximum period of detention.

(1) Detention less than 3 days = AM max PC min


(2) 3< Detention < 15 days = PC med & max
(3) Detention not more than 15 days= PM
(4) Detention > 6 months = RT

( FORM? TERMS? P. 42, CLASSES)


ART. 125

DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES

Elements:

1. Offender- Public officer or employee


2. Detained a person for a legal ground
3. Fails to deliver to proper judicial authorities with:
a. 12 hrs- Light Penalties
b. 18 hrs- Correctional Penalties
c. 36hrs- Afflictive/ Capital Penalties

*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.

*Physical Delivery- making an accusation or charge or filing of information against the


persin arrested with the corresponding court or judge whereby the latter acquires
jurisdiction to issue an order of release or commitment of the prisoner.

*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.

(1) The means of communication


(2) The hour of arrest
(3) Other circumstances (time of surrender, material possibility for fiscal to make the
investigation and file in time the necessary information)

Right of a person detained:

(1) Be informed of course of detention


(2) Shall be allowed to communicate and confer at anytime with his attorney or counsel

*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.

*ART 125 V ART 124:


ART 125- Detention is legal in the beginning but the illegality of the detention starts from
the expiration of any of the periods of time specified without the detained prisoner detained
having been delivered to the proper judicial authority.

ART 124- detention is illegal from the beginning

*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)

Judge must be notified before a suspected terrorist is detained.

(1)Police/Law enforcement officer must present suspected of the crime of terrorism


before any judge at the latters residence or office nearest the place where arrest took
place (day/night)

(3) Duty of the judge:


a. Ascertain identity of officer & arrested
b. Why arrested? Has the arrested been subject to any physical, moral & psyc
toture, by whom and why
c. Submit written report of observation to the proper court that has
jurisdiction over the case of the person arrested within 3 calendar days from
the time the suspect was brought to his residence.

Failure to notify judge: penalty of 10 yrs and 10 yrs to 12 yrs imprisonment


For actual or imminent terrist attack suspecets may not be detained for more than 3
days without written approval of judge.
ART 128

VIOLATION OF DOMECILE

Acts punishable:

1. Entering any dwelling against the will of owner


2. Searching paper or other effects found therein without the previous consent of such
owner
3. By refusing to leave after secretly entering and having been required to leave

Elements:

1. Offender- public officer, or employee


2. He is not authorized by judicial order to enter dwelling and/or to make a search
therein for papers or others effects

*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.

EXCEPT: having surreptitiously entered such dweilling


What constitutes the crimes is the refusal of the offender to leave the premises when
required to do so.

NOTE:
Dwelling- Art. 14, Aggravating circ. P.3
- a building/ structure exclusively used to rest and comfort (entire
structure/ a portion thereof)

*Qualifying 128 offense:

(1) Offense is committed at night time

(2) Any papers or effects not constituting evidence of a crime are not returned immediately
after the search made by the offender

*Waive of rights (search cant be coerced)

(1) Right might exist


(2) Person waiving must know existence of such right
(3) Person involved be the same voluntary, knowingly, intelligently
ART 129

SEARCH WARRANTS MALICIOUSLY OBTAINED, AND ABUSE IN THE SERVIVCE OF THE


LEGALLY OBTAINED

Acts punishable:

1. Procuring search warrant without just case


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

Elements:

1. Offeneder- public officer or employee


2. Procure a search warrant
3. No just cause

*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)

*Personal Properties to be seized:

(1) Subject of the offense


(2) Stolen or embezzled and other proceeds of fruits of the offense
(3) Used/Inteded to be used as the means of committing an offense

*Search must be made in the presence of:


a. Lawful occupant; or
b. Any member of his family
c. Presence of 2 witnesses of sufficient age and discretion residing in the same city.

*Requisites for issuing search warrant:

(1) Upon probable cause in connection with one specific offense


(2) Determined personally by the judge
a.) After examination under oath or affirmation of the complaint and the witness he
may produce, and
b.) Describing the place be searched and the things to be seized which may be
anywhere in PH (personally examine in the form of searching questions and
answers)

*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

Test of lack of just cause:


>Whether the affidavit filed in support of the application for such warrant has been drawn
in such a manner that perjury can be charged thereon and affiant be held liable for damages
caused.

> 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 of Exceeding Authority:

1. Offender-public officer or employee


2. Legally procured a search warrant
3. Exceeds his authority or uses unnecessary severity in executing the same
ART 130

SEARCHING DOMICILE WITHOUT WITNESSES

Elements:

1.) Offender public officer or employee


2.) With warrant legally produced
3.) Searches domicile, papers or other belongings of any person
4.) Owner, member of family or two witnesses residing in the same locality are not present

*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

PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS

Acts Punished:

1. Prohibiting or interrupting without legal ground, the holding of a peaceful meeting, or by


dissolving the same
2. Hindering any person from joining any lawful association or from attending any if its
meetings
3.Prohibiting or hindering any person from addressing, alone or with others, any petition to
the authorities for the correction of abuses or reduces of grievances

Elements:

1. Offender- public officer/employee


2. Performs acts punishable in 131

Private individual-disturbance of public order (A.153)

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

INTERRUPTION OF RELIGIOUS WORSHIP

Elements:

1. Offender- a public officer or employee


2. Religious ceremonies or manifestations of any religion are about to take place or going on
3. Offender prevents or disturbs the same

QUALIFYING CIRCUMSTANCE: Crime is committed with violence or threats

*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.

*There is no provision of law which requires religious service to be conducted in approved


orthodox style in order to merit its protection against interference and disturbance.

*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

OFFENDING THE RELIGIOUS FEELINGS

Elements:

1. The acts complained of were preformed:


a. In a place devoted to religious worship; or
b. during the celebration of any religious ceremony
2. Acts must be notoriously offensive to the feelings of the faithful.

*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.

* It is not necessary that a religious ceremony is being celebrated in a place of worship

*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.

*There must be deliberate intent to hurt the feeling of the faithful.

*Offense to feelings is judge from complainants point of view.

*Qualifying- how does it affect the penalty? Makes it impossible in max period.

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