Crim Against The Fundamental Laws Of The State

ART 124

Arbitrary Detention- any public officer or employee without legal ground detain a person shall suffer

1.      Penalty of ARRESTO mayor in its maximum to PRISON CORRECTIONAL in its minimum, if detention has not exceed (3)tree days

2.      Penalty of Prison Correctional medium and maximum detention more than (3) three days but not more than (15) fifteen days

3.       Penalty of PRISON mayor if detention has continued more than  15 days but not more than (6) six months

4.      RECLUSION TEMPORAL, if detention shall exceed (6) six months

The commission of a crime, or violent insanity or any other ailment requiring the compulsory legal ground for the detention of any person.

Elements:

1.      That the offender if a public officer or employee

2.      That he detains a person

3.      That the detention is without legal ground

Private person Art 267 and Art268

Detention – is defined as the actual confinement of a person in an enclosure or in any manner detaining and depriving him of his liberty.

Legal ground for the detention of any person

(a)    Commission of a crime

(b)   Violation insanity or any other ailment requirement the compulsory confinement of the patient in a hospital

(c)    If the person is an escape prison

Plain view Doctrine

-          Objects are perceptible but an officer must who rightfully to observe and cease the object without search warrant.

-          Object that was cease could be use admissible against to the accused motion to suppress evidence

3 three requisite

1.      Law enforcement officer has prior justification for a intrusion

2.      Discovery of evidence in plain view doctrine is inadvertent

3.      Immediate apparent that the item is an evidence of a crime.

Arresto without warrant

1.      When in his presence, the person to be arrested has committed is actually committing, or is attempting to commit an offence

2.      When an offence has in fact just been committed, and he has probable cause to believed based on personal knowledge of the facts and circumstances that the person to be arrested has committed it; and

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 temporary confined while his case is pending, or has escaped while being transferred from one confinement to another.

Art 125

 Delay in the delivery of detained persons

Element

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

a.       Twelve (12) hrs. for offence of light penalties

b.      Eighteen (18) hrs for offence of prison correctional

c.       Thirty six (36) hrs for offence of capital and afflictive offence

Art 125 does not apply when the arrest is by virtue of a warrant of arrest

Rights

1.      He shall be informed of the cause of his detention

2.      He shall be allowed upoin his request to communicate and confor at anytime w/ his attorney of counsel.

Detention under RA 9372

ART 126

Delaying release

(a)    By delaying the performance of judicial or executive order for the liberation of such person

(b)   That the offender without good reason delays

a.       The service of the notice order to the prisoner or

b.      The performance of such judicial or executive order for the release of the prisoner or

c.       The proceedings upon a petition for the release of such person

(c)    That the offender is a public officer or employee

Act

1.      Delaying release

2.      Unduly delaying the service

3.      Unduly delaying the proceedings

Art 127

Expulsion – the penalty of PRISSION CORRECTIONAL shall be imposed upon any public officer or employee who, not being thereunto authorized by law, shall expel any person from the Phil. Island or shall compel such person to change his residence

Two acts

1.      By expelling a person from the Phil.(The president)

2.      By compelling a  person to change his residence (Court)

Element

1.      That the offender is a public officer or employee

2.      That he expels any person from the Phil. or compels a person to change his residence

3.      That the offender is not authorized to do so by law.

Ex. Villavicencio et al. vs Lukban

Violation of domicile

1.      Art. 128 – violation of domicile

2.      Art. 129 – Search and warrant maliciously obtained, and abuse in the service of those legally obtained

3.      Art. 130-Searching domicile without witness

Art 128

Violation of domicile – the penalty of prison correctional in its minimum period shall be imposed upon any public officer or employee

Offence committed in the nighttime, or if any papers or effect not constituting evidence of a crime be not returned immediately after the search made by the offender the penalty shall be prison correctional in its medium and max period

Acts

1.      By entering and dwelling against the will of the owner therof;

2.      By searching to leave the premises, after having surreptitiously entered said  dwelling and after having been required to leave the same

3.      By refusing to leave the premises

Element

(a)    That the offender is a public officer or employee

(b)   That he is not authorized by judicial order to enter the dwelling and/ or to make a search therein for papers or other effects

Circumstance qualifying the offence

(a)    If the offence is committed at nightime or

(b)   If the person or effect not constituting evidence of a crime are not returned immediately after the search made by the offender

RULE 113 Sec 11 RRCP- breaking into building allowed but with search warrant

Art 129

Search warrant maliciously obtained, and abuse in the service of those legally obtained

 In addition to the liability attaching the offender for the commission of any other offence, the penalty to ARRESTO MAYOR in its maximum period to PRISON CORRECTIONAL in its minimum period and a fine of 1K shall be imposed upon any public officer or employee who 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.

Act

1.      By procuring a search warrant without just cause

2.      By exceeding his authority or by using unnecessary in executing a search want legally procured

Element

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 – is an order in writing issued in the name of the PP signed by the judge and directed to a peace officer

Rule 126 sec1 RRCP

Personal property to be seized

(a)    Subject of the offence

(b)   Stolen or embezzled and other proceed or fruit of the offense

(c)    Used or intended to be used as the means of committing an offence Rule 126 Sec3

Req

1.      Search warrant shall not issue except upon probable cause in connection with 1 specific offense to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce

Rule 126 sec4

Rule 125 sec 5 – there is record sworn statement with any affidavit submitted

Rule 126 sec 8 search warrant 2 witness

Search warrant id good for 10 days only

Rule 126 sec 12 RRCP – seized without search warrant

Peace officer can enter provided the unlawful conduct is such as to affect the public peace.

Probable cause – for a search warrant is defined as such fact and circumstances which would lead a reasonable discreet and prudent man to believe that an offense has been committed.

In vessel is legal

Element of exceeding authority

(a)    That the offender is a public officer or employee

(b)   That he has legally procured a search warrant

(c)    The 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 period shall be imposed upon a public officer or employee who, in case were search is proper, shall search the domicile, paper, or other belonging 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

Art 130 does not apply to searches of vehicles

Art 131

Prohibiting, interrupting and dissolution of peaceful meeting – penalty Prision correctional in its minimum period

1.      By prohibiting or interrupting, without legal ground, the holding of a peaceful meeting or 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 from addressing either alone or together with others, any petition to the authorities for the correction of abuse or redress of grievances.

Element

1.      That the offender is a public officer or employee

2.      That he performs any of the acts mentioned above.

Art 132

Interrupting of religious worship – Penalty prision correctional in its minimum period, Violence and treat the penalty shall be prison correctional medium and maximum periods

Element

1.      That the offender is a public officer or employee

2.      That religious ceremonies or manifestation of any religion are about to take place or going on

3.      That the offender prevents or disturbs the same.

Art 133

Offending the religious feelings – the penalty of arresto mayor in its maximum period to prison correctional in its minimum period shall be imposed upon anyone who, in a place devoted of any religious ceremony, shall perform acts notoriously offensive to the feeling of the faithful.

Elements

1.      That the offender is a public officer or employee

2.      That religious ceremonies or manifestation of any religious are about to take place or going on

3.      That the offender prevents or disturbs the same

Art 133

Offending the religious feelings – the penalty of arresto mayor in its maximum period to prison correctional I its minimum period shall be imposed upon anyone who, in a place devoted of any religious ceremony, shall perform acts notoriously offensive to the feeling of the faithful

Elements

1.      That the act complained of were performed

a.       A place devoted to religious worship

b.      During the celebration of any religios ceremony

2.      That the acts must be notoriously offensive to the feelings of the faithful

Religious practice or dogma or ritual