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Title TwoCRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

1. Arbitrary detention [art. 124]2. Delay in the delivery of detained persons to the proper judicial authorities [art. 125]3. Delaying re lease [art . 12 ]4. !"pul sion [ art . 12#]5. $iolation of do%icile [art. 12&]. 'earch (arrants %aliciously obtained and abuse in the service of those legally obtained [art. 12)]

#. 'earching do%icile (ithout (itnesses [art. 13*]&. +rohibition, interruption, and dissolution of peaceful %eetings [art. 131]). -nterruption of religious (orship [art. 132]1*. ffending the religious feelings [art. 133]

/ote0 the offender in cri%es against the funda%ental la(s of the state is a public officer or e%ployee e"cept in the cri%e of OFFENDING THE RELIGIOUS FEELINGS (hich %ay be co%%itted by aprivate individual or a public officer or e%ployee.

Art. 124 ar itrar! "ete#tio#!le%ents0

1. hat the offender is a public officer or e%ployee2. hat he detained a person3. hat the detention is (ithout legal grounds

he co%%ission of a cri%e, or violent insanity or any other ail%ent re uiring the co%pulsory confine%ent of the patient in a hospital, shall be considered legal grounds for thedetention of any person.

+enalties i%posed01. Arresto %ayor in its %a"i%u% period to prision correccional in its %ini%u% period if the detention has not e"ceed three days

2. +rision correccional in its %ediu% and %a"i%u% period if the detention has continued for %ore than three days but not %ore than 15 days

3. +rision %ayor if the detention has continued for %ore than 15 days but not %ore than %onths

4. eclusion te%poral if the detention shall have e"ceed %onths

O$$e#"er i# ar itrar! "ete#tio# i% a &' li( o$$i(er or e)&lo!ee he public officers liable for arbitrary detention %ust be vested (ith authority to detain or order the detention of persons accused of a cri%e, but (hen they detain a person they have no legal groundstherefor.

'uch public officers are the police%en and other agents of la(, the judge or %ayors. A barangay captain and a %unicipal councilor are public officers. !ven a barangay tanod.

/ote0 if the offender is a private individual, the act of detaining another is illegal detention under Art. 2 # or art. 2 &.

6ut private individuals (ho conspired (ith public officers in detaining certain persons are guilty of arbitrary detention.

Arbitrary thru i%prudence +p vs 7issa, 8A, 3 9 34) the cri%e of arbitrary detention can be co%%itted through i%prudence. he chief of police rearrested a (o%an (ho had been released by %eans of a verbal order of the

justice of peace. he accused acted (ithout %alice, but he should have verified the order of release before proceeding to %a:e the re arrest.

;a(ful (arrantless arrest sec. 5, ule 113 A peace officer or a private person %ay, (ithout a (arrant, arrest a person0

a. [flagrante delicto] < hen, in his presence, the person to be arrested has co%%itted, is actually co%%itting, or is atte%pting to co%%it an offense=

b. [probable cause based on personal :no(ledge]

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a. he detention is illegal fro% the beginning because there (as no cri%e co%%itted or theperson detained is not violently insane or suffering of any other ail%ent re uiringconfine%ent in a hospital.

a. he detention is legal in the beginning but the illegality of the detention starts fro% thee"piration of any of the periods of ti%e specified in art. 125, (ithout detained prisoner having been delivered to the proper judicial authority.

Art. 12/ Dela!i#0 relea%e !le%ents0

1. hat the offender is a public officer or e%ployee2. hat there is a judicial or e"ecutive 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. hat the offender (ithout good reason delays0

a. he service of the notice of such order to the prisoner b. he perfor%ance of such judicial or e"ecutive order for the release of the prisoner c. he proceedings upon a petition for the release of such person

+eriod of delay0 [see the corresponding penalties under art. 124]1. Delay has not e"ceed three days

2. Delay has continued %ore than 3 days but not %ore than 15 days3. Delay has continued %ore than 15 days but not %ore than 1 %onths4. Delay shall have e"ceed %onths

a(t% are &'#i%+a le '#"er art. 12/1. 6y delaying the perfor%ance of a judicial or e"ecutive order for the release of a prisoner 2. 6y unduly delaying the service of the notice of such order to said prisoner 3. 6y unduly delaying the proceedings upon any petition for liberation of such person

War"e#% a#" ailer% are t+e &' li( o$$i(er% )o%t li3el! to ,iolate art. 12/

Art. 12 E5&'l%io# !le%ents0

1. he offender is a public officer or e%ployee2. hat he e"pels any person fro% the +hilippines, or co%pels a person to change his residence3. hat the offender is not authori ed to do so by la(

2 acts are punishable under art. 12#01. 6y e"pelling a person fro% the +hilippines2. 6y co%pelling a person to change his residence

$illavicencio vs ;u:ban, 3) +hil ##& he 7ayor and the 8hief of +olice of 7anila cannot force the prostitutes residing in the 8ity to go to and live in Davao against their (ill, there being no la( that

authori es the% to do so. hese (o%en, despite their being in a sense, lepers of s ociety, are nevertheless not chattels, but +hilippine citi ens, protected by the sa%e constitutional guarantees as are other citi ens.

Art. 126 7iolatio# o$ "o)i(ile!le%ents0

1. hat the offender is a public officer or e%ployee2. hat he is not authori ed by judicial order to enter the d(elling andBor %a:e a search therein for papers or other effects

3 acts are punishable under art. 12&01. 6y entering any d(elling against the (ill of the o(ner thereof 2. 6y searching papers or other effects found therein (ithout the previous consent of such o(ner 3. 6y refusing to leave the pre%ises, after having surreptitiously [secretly, stealthily] entered said d(elling and after having been re uired to leave the sa%e.

/ote0 if the offender is a private individual, the cri%e co%%itted is !'+A'' D

A0ai#%t t+e will o$ ow#er -t (ill be noted that to constitute a violation of do%icile, the entrance by the public officer or e%ployee %ust be against the (ill of the o(ner of the d(elling, (hich presupposes opposition or prohibition bysaid o(ner, (hether e"press or i%plied.

-f the entrance by the public officer or e%ployee is only without consent of the o(ner of the d(elling, the cri%e is not co%%itted. /either is the cri%e co%%itted if the o(ner of the d(elling consented tosuch entrance [pp vs ;uis 'ane, 8A, 4* 9 'upp. 5, 113].

A0ai#%t t+e will %ust be e ual to prohibition or opposition not lack of permission .

6ar0 2**2

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IMPORTANT: There is no complex crime of search maliciously obtained with per ury althou!h per ury is a necessary %eans for co%%itting the cri%e of search (arrant %aliciously obtained. thecri%e co%%itted is +! E? F A/D '!A 8@

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@!;D0 the accused is only guilty of unjust ve"ation penali ed by the 2 nd paragraph of art. 2, +8.

Criminal Law Book II Compilation by DANIEL MARTIN G. ORAL Pag ! %