Criminal Law TITLE TWO: CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

CHAPTER ONE ARBITRARY DENTENTION OR EXPULSION, VIOLATION OF DWELLING, PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES AGAINST RELIGIOUS WORSHIP Section 1: Arbitrary Detention and Expulsion Arbitrary Detention, Ways to Commit: 1. By detaining a person without legal ground 2. Delay in the delivery of detained prisoner to the proper judicial authorities 3. Delaying release Art. 124: Detaining without legal grounds Elements: 1. Offender is a Public officer 2. He detains another 3. Detention is without legal ground Art. 125: Delay in the delivery of detained persons to the proper judicial authorities Elements 1. Offender is a Public officer 2. Detained for a legal ground 3. Failed to deliver person to proper judicial authority within a. 12 hrs light penalty b. 24 hrs - correctional penalty c. 36 hrs - afflictive penalty Art. 126: Delaying Release Elements: 1. Offender is a Public officer or employee 2. There is a judicial or executive order for the release of a prisoner 3. Offender, without valid reason, unduly delays the: a. Service of notice of order to the prisoner; b. Performance of such judicial or executive order for the release of the prisoner; or c. Proceedings upon a petition for release Art. 127: Expulsion Elements 1. Public officer 2. Expels a person from Philippines OR compels him to change residence 3. Not authorized to do so by law

b. Search papers or effects without precious consent of owner; OR c. Refusing to leave after surreptitious entrance and after ordered to leave Art. 129: Search warrants maliciously obtained and abuse in the service of those legally obtained Art. 130: Searching domicile without witnesses Violation of Domicile even with a Search Warrant 1. When the warrant was maliciously procured 2. With warrant but officers exceeded the authority stated in the search warrant 3. With warrant but officers exercised unnecessary severity in the execution of the warrant 4. With warrant but the officers conducted the search without the owner of the house or any member of his family or without any 2 witnesses residing in the same locality Requisite for a Valid Search Warrant 1. Must be in connection with one specific offense 2. Probable Cause 3. Must be determined personally by the issuing judge 4. Judge determines probable cause thru searching questions under oath or affirmation against complainant or person applying for search warrant and witness 5. Must testify only as to facts personally known to them 6. Warrant must specifically state the place to be searched and the things to be seized Section 3: Prohibition, Interruption, and Dissolution of Peaceful Meetings Art. 131: Prohibition, Interruption and Dissolution of Peaceful Meetings Elements: 1. Offender is a Public officer 2. He performs any of the following acts: a. Prohibit, interrupt or dissolve, without legal ground holding of peaceful meeting b. Hinder anyone from joining any lawful association or from attending any meeting c. Prohibit or hinder anyone, either alone or with others, from addressing any petition to authorities to correct abuse or redress grievance Section 4: Crimes against Religious Worship Art. 132: Interruption of Religious Worship Elements 1. Offender is Public officer or employee 2. Prevent or Disturb any religious ceremony or manifestation of any religion about to take place or on-going

Section 2: Violation of Domicile Art. 128: Violation of Domicile Elements 1. Offender is a Public officer or employee 2. Not authorized by judicial authority to enter the dwelling and/or to make a search 3. He either: a. Enter any dwelling against the will of the owner;

Unica Amor R. Mananquil

Page 1 of 2

Criminal Law TITLE TWO: CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

Art. 133: Offending the Religious Feelings Elements 1. Offender is a Public officer OR Private person 2. Performs an act notoriously offensive to the feelings of the faithful 3. Acts were performed either a. Place devoted for religious worship, OR b. During the celebration of any religious ceremony

Unica Amor R. Mananquil

Page 2 of 2