Criminal Law 2 Reviewer

CRIMINAL LAW 2CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

CHAPTER ONE – ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING, PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES AGAINST RELIGIOUS WORSHIP

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. The penalty of prision correccional in its medium and maximum periods, if the detention has continued more than three but not more than fifteen days;

3. The penalty of prision mayor, if the detention has continued for more than fifteen days but not more than six months; and

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:

1. Commission of a crime.

2. Violent insanity or any other ailment requiring the compulsory confinement of the patient in the hospital.

Elements:

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

The public officers are the following:

1. Policemen2. Agents of the law3. Mayors4. Judges5. B. Captains6. Municipal Councilors

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.

DETENTION – the actual confinement of a person in an enclosure, or in any manner detaining and depriving him of his liberty.


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 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.

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)

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 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:

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 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.

Elements:

1. That the acts complained of were performed

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. That the acts must be notoriously offensive to the feelings of the faithful. (Deliberate intent to hurt feelings of the faithful)

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):

1. Construction of fence in front of chapel if irritating and vexatious is not notoriously offensive to the


feelings of the faithful but rather the crime committed is UNJUST VEXATION. (P VS. Reyes)

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)

1. A funeral of a Church of Chirst member passed through the churchyard fronting the parish church over the objection of the Catholic Priest. (judged from complainant’s point of view.)

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