CRIMINAL LAW 2

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

CHAPTER ONE – ARBITRARY DETENTION OR 2. Violent insanity or any other ailment requiring the
EXPULSION, VIOLATION OF DWELLING, PROHIBITION, compulsory confinement of the patient in the
INTERRUPTION, AND DISSOLUTION OF PEACEFUL hospital.
MEETINGS AND CRIMES AGAINST RELIGIOUS
WORSHIP Elements:

1. That the offender is a public officer or employee.

Art. 124. Arbitrary detention. — Any public officer or
employee who, without legal grounds, detains a
person, shall suffer;
1. The penalty of arresto mayor in its maximum
period to prision correccional in its minimum
period, if the detention has not exceeded three
days;
2. That he detains a person.
3. That the detention is without legal grounds.
 That the public officer liable for arbitrary detention
must be vested with authority to detain or order
detention of persons accused of a crime, but when
they detain a person they have no legal grounds
therefor.

2. The penalty of prision correccional in its The public officers are the following:
medium and maximum periods, if the detention
has continued more than three but not more 1. Policemen
than fifteen days; 2. Agents of the law
3. Mayors
3. The penalty of prision mayor, if the 4. Judges
detention has continued for more than fifteen 5. B. Captains
days but not more than six months; and 6. Municipal Councilors

4. That of reclusion temporal, if the detention
shall have exceeded six months.
The commission of a crime, or violent insanity or any
other ailment requiring the compulsory confinement
of the patient in a hospital, shall be considered legal
grounds for the detention of any person.
Legal Grounds for the detention of any person:
• If committed by other public officers aside from those
mentioned above, the crime committed may be
ILLEGAL DETENTION. Also applicable to private
individuals.
• But private individuals who conspired with public
officers in detaining certain policemen are guilty of
Arbitrary Detention.

1. Commission of a crime. DETENTION – the actual confinement of a person in an

enclosure, or in any manner detaining and depriving him of
his liberty.
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CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
 A person is detained when he is placed in
confinement or there is restraint on his person.
What is meant by “without legal grounds”
1. When he has not committed any crime, or at least,
there is no reasonable ground for suspicion that he
has committed a crime.
2. When he is not suffering from violent insanity or any
other ailment requiring compulsory confinement in a
hospital.
 Arrest without warrant is the usual cause of arbitrary
detention. (A peace officer must have a warrant of
arrest properly issued by a court in order to justify an
arrest.)
Arrest without Warrant – When Lawful
A peace officer or a private person may, without a
warrant, arrest a person
1. When in his presence, the person to be arrested has
committed, is actually committing, or is attempting
to commit an offense. (In flagrante delicto)
2. When an offense has in fact just been committed,
and he has probable cause to believe based on
personal knowledge of facts and circumstances that
the person to be arrested has committed it (In
flagrante delicto)
3. When the person to be arrested is a prisoner who has
escaped from a penal establishment or place where
he is serving final judgment or temporarily confined
while his case is pending, or has escaped while being
transferred from one confinement to another
(Escaping prisoners)
 Personal knowledge is required under Sec. 5, Rule
113 or Criminal Procedure – an officer arresting a
person who has just committed an offense must have
probable cause to believe based on personal
knowledge of facts and circumstances that the
person to be arrested has committed it. (Personal
knowledge of facts in arrests without warrant must
be based upon probable cause, which means an
actual belief of reasonable doubt.
PROBABLE CAUSE – such facts and circumstances which
could lead a reasonable discreet and prudent man to believe
that an offense has been committed and that the object
sought in connection with the offense are in the place
sought to be searched.
• In arrests without warrant, a crime has actually been
committed is an essential precondition. (Commission
of the offense must be undisputed.)
 The legality of the detention of a person does not
depend upon the actual commission of a crime by
him, but upon the nature of his deed which calls for
the urgent purpose of suspending the liberty of that
person.
 No reasonable ground if officer only wants to know
the commission of the crime.
 Arbitrary Detention may also be committed thru
Imprudence (Art. 365 par 2, in connection with Art.
124, par. 1)
Art. 125. Delay in the delivery of detained persons to
the proper judicial authorities. — The penalties
provided in the next preceding article shall be
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CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
imposed upon the public officer or employee who
shall detain any person for some legal ground and
shall fail to deliver such person to the proper judicial
authorities within the period of; twelve (12) hours,
for crimes or offenses punishable by light penalties,
or their equivalent; eighteen (18) hours, for crimes or
offenses punishable by correctional penalties, or
their equivalent and thirty-six (36) hours, for crimes,
or offenses punishable by afflictive or capital
penalties, or their equivalent.
In every case, the person detained shall be informed
of the cause of his detention and shall be allowed
upon his request, to communicate and confer at any
time with his attorney or counsel. (As amended by
E.O. Nos. 59 and 272, Nov. 7, 1986 and July 25, 1987,
respectively).
Outline of Art. 125
Legal Periods in the delivery of detained persons:
1. For crimes and offenses punishable by light penalties
– within 12 hours.
2. For crimes and offenses punishable by correccional
penalties – within 18 hours.
3. For crimes and offenses punishable by afflictive or
capital penalties, or their equivalent – within 36
hours.
Important: (Rights of the person detained) The person
detained shall be informed of the cause of his detention and
shall be allowed, upon his request, to communicate and
confer at any time with his attorney or counsel (otherwise,
punishable by Arresto Mayor)
 Art. 125 does not apply when there is a search
warrant/warrant already issued.
Illustration of case flow when there is:
WARRANTLESS ARREST - From Prosecutor’s Office 
Fiscal for inquest  Trial Court
WARRANTED ARREST – Complainant  Fiscal  Trial
Court Warrant
Elements:
1. That the offender is a public officer or employee.
2. That he has detained a person for some legal ground.
3. That he fails to deliver such person to the proper
judicial authorities within the legal time periods
mentioned above.
• The delivering does not consist in a physical delivery,
but in making an accusation or charge or filing of an
information against the person arrested with the
corresponding court or judge, whereby the latter
acquires jurisdiction to order the release or
commitment of the prisoner, because the arresting
officer cannot transfer to the judge and the latter
does not assume the physical custody of the person
arrested.
“Proper Judicial Authorities”
Supreme Court and such other inferior courts as may
be established by law with judicial power to order the
temporary detention of a person who committed a public
offense.
Circumstances considered in determining liability of
officer detaining a person beyond legal period.
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CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
1. The means of communication.
2. The hour of arrest.
3. Other circumstances such as the 1. Time of
surrender, 2. And the material possibility for the
fiscal to make the investigation and file in time the
necessary information, must be taken into
consideration.
 Violation of Art. 125 does not affect the legality of
confinement under process issued by a court.
Rights of the person detained:
1. He shall be informed of the cause of his detention.
2. He shall be allowed, upon his request, to
communicate and confer at anytime with his
attorney or counsel.
Reasons for the provisions of Art. 125
To prevent any abuse resulting from confining a
person without informing him of his offense and without
permitting him to go on bail.
Art. 125 distinguished from Art. 124
Art. 124 – Arbitrary detention is illegal from the beginning.
Art. 125 – Arbitrary detention legal in the beginning but the
illegality commenced from the expiration of the periods of
time specified in Art. 125.
RE: A suspect of the crime of terrorism
 A suspect of the crime of terrorism must be
presented first before any judge by the police at the
judge’s residence or office nearest the place where
the arrest took place at any time of the day or night
before he can be detained.
 In the event of an actual or imminent terrorist attack,
suspects may not be detained for more than 3 days
without the written approval of a municipal, city,
provincial, regional official of Human Rights
Commission or a judge of MTC, RTC, Sandiganbayan,
CA Justice nearest the place of arrest.
Penalty for failure to deliver suspect to the proper
judicial authority within 3 days – 10 years, 1 day to 12
years imprisonment.
Art. 126. Delaying release. — The penalties provided
for in Article 124 shall be imposed upon any public
officer or employee who delays for the period of time
specified therein the performance of any judicial or
executive order for the release of a prisoner or
detention prisoner, or unduly delays the service of
the notice of such order to said prisoner or the
proceedings upon any petition for the liberation of
such person.
Three Acts punishable by Art. 126
1. By delaying the performance of a judicial or
executive order for the release of a prisoner.
2. By unduly delaying the service of the notice of such
order to said prisoner.
3. By unduly delaying the proceeding upon any petition
for the liberation of such person.
(undue delay – without good reason)
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CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
Elements:
1. That the offender is a public officer or employee.
2. That there is a judicial or executive 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. That the offender without good reason delays:
a. The service of the notice of such order to the
prisoner.
b. The performance of such judicial or executive
order for release of the prisoner.
c. The proceedings upon a petition for the release of
such person.
Art. 127. Expulsion. — The penalty of prision
correccional shall be imposed upon any public officer
or employee who, not being thereunto authorized by
law, shall expel any person from the Philippine
Islands or shall compel such person to change his
residence.
Two acts punishable by Art. 127
1. By expelling a person from the Philippines.
2. By compelling a person to change his residence.
Elements:
1. That the offender is a public officer or employee.
2. That he expels a person from the Philippines, or
compels a person to change his residence.
3. That the offender is not authorized to do so by law.
 Only the court by a final judgment can order a
person to change his residence. (Ejectment
proceedings, expropriation proceedings, destierro)
Section Two. — Violation of domicile
Art. 128. Violation of domicile. — The penalty of
prision correccional in its minimum period shall be
imposed upon any public officer or employee who,
not being authorized by judicial order, shall enter any
dwelling against the will of the owner thereof, search
papers or other effects found therein without the
previous consent of such owner, or having
surreptitiously entered said dwelling, and being
required to leave the premises, shall refuse to do so.
If the offense be committed in the night-time, or if
any papers or effects not constituting evidence of a
crime be not returned immediately after the search
made by the offender, the penalty shall be prision
correccional in its medium and maximum periods.
3 Acts punishable by Art. 28
1. By entering any dwelling against the will of the
owner thereof. (whether express or implied)
2. By searching papers or other effects found therein
without the previous consent of such owner.
3. By refusing to leave the premises, after having
surreptitiously (secretly) entered said dwelling and
after having been required to leave the same.
Elements common to the 3 Acts:
1. That the offender is a public officer or employee. (If
not, the crime is Trespass to Dwelling)
2. That he is not authorized by judicial order to enter
the dwelling and/or to make a search therein for
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CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
papers or other effects. (the public officer or
employee must be equipped with a search warrant.)
 When one voluntarily submits to a search or
consents to have it made upon his person or
premises, he is precluded from later complaining
thereof.
 Silence of the owner of the dwelling before and
during the search, without search warrant, by a
public officer, may show implied waiver.
• Search is meant in this Article as search inside a
dwelling.
Circumstances qualifying the offense (Special
Aggravating Circumstance)
1. If the offense is committed at nighttime.
2. If any papers or effects not constituting evidence to
the crime are not returned immediately after the
search is made by the offender.
Art. 129. Search warrants maliciously obtained and
abuse in the service of those legally obtained. — In
addition to the liability attaching to the offender for
the commission of any other offense, the penalty of
arresto mayor in its maximum period to prision
correccional in its minimum period and a fine not
exceeding P1,000 pesos shall be imposed upon any
public officer or employee who shall procure a search
warrant without just cause, or, having legally
procured the same, shall exceed his authority or use
unnecessary severity in executing the same.
Acts punishable in connection with search warrants:
1. By procuring a search warrant without just cause.
2. By exceeding his authority or by using unnecessary
severity in executing a search warrant legally
obtained.
Elements (By procuring a search warrant without just
cause)
1. That the offender is a public officer or employee.
2. That he procures a search warrant.
3. That there is no just cause.
SEARCH WARRANT – an order in writing issued in the
name of the People of the Philippines signed by the 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)
A search warrant may be issued for the search and
seizure of the following personal property:
1. Subject of the offense.
2. Stolen or embezzled and other proceeds or fruits of
the offense.
3. Used or intended to be used as the means of
committing an offense.
Requisites for the issuance of search warrant:
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CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
1. Issued upon probable cause,
2. By the judge after examination under oath or
affirmation of the complainant and his witnesses,
3. Particularly describing the place to be searched and
the things to be seized which may be anywhere in
the Philippines.
 Search of house, room or premise to be made in the
presence of the lawful occupant or any member of
his family or in the absence of the latter, in the
presence of two witnesses of sufficient age and
discretion residing in the same locality.
 A detailed receipt for the property seized must be
given to the lawful occupant.
Elements (By exceeding his authority or by using
unnecessary severity in executing a search warrant
legally obtained.)
1. That the offender s a public officer or employee.
2. That he has legally procured a search warrant.
3. That he exceeds his authority or uses unnecessary
severity in executing the same.
Art. 130. Searching domicile without witnesses. —
The penalty of arresto mayor in its medium and
maximum periods shall be imposed upon a public
officer or employee who, in cases where a search is
proper, shall search the domicile, papers or other
belongings of any person, in the absence of the
latter, any member of his family, or in their default,
without the presence of two witnesses residing in the
same locality.
Elements:
1. That the offender is a public officer or employee.
2. That he is armed with a search warrant legally
procured.
3. That he searches the domicile, papers or other
belongings of any person.
4. That the owner, or any member of his family, or 2
witnesses in the same locality are not present.
Search as meant in this Article – to go over or look through
for the purpose of finding something; to examine.
Section Three. — Prohibition, interruption
and dissolution of peaceful meetings
Art. 131. Prohibition, interruption and dissolution of
peaceful meetings. — The penalty of prision
correccional in its minimum period shall be imposed
upon any public officer or employee who, without
legal ground, shall prohibit or interrupt the holding
of a peaceful meeting, or shall dissolve the same.
The same penalty shall be imposed upon a public
officer or employee who shall hinder any person from
joining any lawful association or from attending any
of its meetings.
The same penalty shall be imposed upon any public
officer or employee who shall prohibit or hinder any
person from addressing, either alone or together
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CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
with others, any petition to the authorities for the
correction of abuses or redress of grievances.
3 Acts punishable by Art. 131
1. By prohibiting or interrupting, without legal ground,
the holding of a peaceful meeting, or by dissolving
the same.
2. By hindering any person from joining any lawful
association or from attending any of its meetings.
3. By prohibiting or hindering any person form
addressing, either alone or together with others, any
petition to the authorities for the correction of abuses
or redress of grievances.
Elements common to the 3 acts punishable
1. That the offender is a public officer or employee. (not
applicable to private individuals)
2. That he performs any of the acts mentioned above.
Section Four. — Crimes against religious worship
Art. 132. Interruption of religious worship. — The
penalty of prision correccional in its minimum period
shall be imposed upon any public officer or employee
who shall prevent or disturb the ceremonies or
manifestations of any religion.
If the crime shall have been committed with violence
or threats, the penalty shall be prision correccional in
its medium and maximum periods.
Elements:
1. That the offender is a public officer or employee.
2. That religious ceremonies or manifestations of any
religion are about to take place or are going on.
3. That the offender prevents or disturbs the same.
 Reading of a Bible and then attacking certain
churches in a public plaza is not 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 the right to do so without being
molested or disturbed.
Art. 133. Offending the religious feelings. — The
penalty of arresto mayor in its maximum period to
prision correccional in its minimum period shall be
imposed upon anyone who, in a place devoted to
religious worship or during the celebration of any
religious ceremony shall perform acts notoriously
offensive to the feelings of the faithful.
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CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

Elements: 1. Construction of fence in front of chapel if irritating

and vexatious is not notoriously offensive to the
1. That the acts complained of were performed feelings of the faithful but rather the crime
committed is UNJUST VEXATION. (P VS. Reyes)

a. In a place devoted to religious worship. (not

necessary that there is a ceremony)
b. During the celebration of any religious ceremony.
(need not be celebrated in a place of worship)
2. A drunk man entered the congregation of Assembly
of God while having afternoon services in its chapel
with uplifted hands and attempted to grab the song
leader who ran away – only UNJUST VEXATION. (P VS.
Nanoy)

(offensive)
2. That the acts must be notoriously offensive to the
feelings of the faithful. (Deliberate intent to hurt 1. A funeral of a Church of Chirst member passed
feelings of the faithful) through the churchyard fronting the parish church
over the objection of the Catholic Priest. (judged
from complainant’s point of view.)
 The acts 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.

RELIGIOUS CEREMONIES – are those religious acts

performed outside of a church, such as processions and
special prayers for burying dead persons.

 Religious rally of the Church of Christ was not

considered a religious ceremony as it was not
attended by members of the sect. (P vs. Mandoriao)

Illustrative Cases (not offensive):