Module 2.2: Crimes Against the Fundamental Laws of the State

1. Learning Objectives

Understand the elements and nature of Arbitrary Detention and differentiate it from Illegal Detention.
Identify the three ways of committing Violation of Domicile and the legal requirements for a valid search.
Explain the specific time periods for the delivery of detained persons to proper judicial authorities.
Distinguish between the crimes of Interruption of Religious Worship and Offending Religious Feelings.
Recognize the fundamental constitutional rights violated by the crimes discussed in this module.

2. ARBITRARY DETENTION AND EXPULSION (Art. 124-127)

A. ARBITRARY DETENTION (Art. 124)

Definition: A public officer who, without legal grounds, detains a person.
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.
Offender: The offender must be a public officer (e.g., policeman, barangay tanod) who has the authority to detain or order the detention of persons, but who acts without legal cause. If the offender is a private individual, the crime is Illegal Detention.
Penalty based on period of detention:
- Arbitrary Detention (Less Grave): If the detention has exceeded three days.
- Arbitrary Detention (Grave): If the detention has exceeded fifteen days.
- Arbitrary Detention (Very Grave): If the detention has exceeded thirty days.

B. DELAY IN THE DELIVERY OF DETAINED PERSONS (Art. 125)

This crime is committed by a 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 prescribed periods.

Periods for Delivery:
- 12 hours: For crimes or offenses punishable by light penalties, or their equivalent.
- 18 hours: For crimes or offenses punishable by correctional penalties, or their equivalent.
- 36 hours: For crimes or offenses punishable by afflictive or capital penalties, or their equivalent.

C. DELAYING RELEASE (Art. 126)

This crime is committed by a public officer or employee who delays for the period of time specified in Art. 125 for 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.

D. EXPULSION (Art. 127)

This crime is committed by any public officer or employee who, not being thereunto authorized by law, shall expel any person from the Philippine Islands or shall compel any person to change his residence.

3. VIOLATION OF DOMICILE (Art. 128-130)

A. VIOLATION OF DOMICILE (Art. 128)

Three ways of committing the crime:
1. Entering any dwelling against the will of the owner thereof.
2. Searching papers or other effects found therein without the previous consent of such owner.
3. Refusing to leave the premises after having surreptitiously entered said dwelling and after being required to leave the same.
Elements:
1. That the offender is a public officer or employee.
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.

B. SEARCH WARRANTS MALICIOUSLY OBTAINED (Art. 129)

This crime is committed by a public officer or employee who shall procure a search warrant without just cause.

C. SEARCHING DOMICILE WITHOUT WITNESSES (Art. 130)

This crime is committed by 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.

4. PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS (Art. 131)

This crime is committed by any public officer or employee who, without legal ground, shall prohibit or interrupt the holding of a peaceful meeting, or shall dissolve the same.

5. INTERRUPTION OF RELIGIOUS WORSHIP (Art. 132)

This crime is committed by any public officer or employee who shall prevent or disturb the ceremonies or manifestations of any religion.

6. OFFENDING RELIGIOUS FEELINGS (Art. 133)

This crime is committed by 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.

7. Comparison Table: Arbitrary Detention vs. Illegal Detention (Art. 267)

Basis	Arbitrary Detention (Art. 124)	Illegal Detention (Art. 267)
Offender	Public officer	Private individual
Essence of the Crime	Detention is without legal ground	Kidnapping and detention for ransom or other purpose
Penalty	Generally lower than Illegal Detention	Generally higher, up to reclusion perpetua
Purpose	Not an element	Ransom, or the commission of another crime

8. Constitutional Rights Protected by These Crimes

Right to Liberty: Protected by the prohibition against Arbitrary Detention.
Right against Unreasonable Searches and Seizures: Protected by the laws on Violation of Domicile.
Right to Privacy of Communication and Correspondence: Also protected by the laws on Violation of Domicile.
Right to Freedom of Assembly: Protected by the prohibition against the interruption of peaceful meetings.
Right to Freedom of Religion: Protected by the laws against the interruption of religious worship and offending religious feelings.

9. Important Notes and Distinctions

In Arbitrary Detention, the offender is a public officer. In Illegal Detention, the offender is a private individual.
In Violation of Domicile, the offender can be a public officer. If a private individual enters a dwelling against the owner's will, the crime is Trespass to Dwelling.
The 12-18-36 hour rule in Art. 125 is crucial for board exams. Memorize it.
Offending Religious Feelings (Art. 133) requires that the act be "notoriously offensive." This is a high standard.

10. Multiple Choice Practice Questions

A policeman arrests Juan without a warrant for a crime that is punishable by a light penalty. How many hours can the policeman legally detain Juan without filing a complaint? a) 12 hours b) 18 hours c) 36 hours d) 48 hours
Which of the following is NOT an element of Arbitrary Detention? a) The offender is a public officer. b) The offender detains a person. c) The detention is for more than 3 days. d) The detention is without legal grounds.
A private citizen who unlawfully detains another person is liable for: a) Arbitrary Detention b) Coercion c) Illegal Detention d) Unlawful Arrest
Which of the following is NOT a way of committing Violation of Domicile? a) Entering a dwelling against the owner's will. b) Searching papers without the owner's consent. c) Refusing to leave after being told to do so. d) Searching a person outside their dwelling.
What is the crime committed by a public officer who procures a search warrant without just cause? a) Violation of Domicile b) Malicious Mischief c) Search Warrant Maliciously Obtained d) Perjury
A public officer searches a domicile without the presence of the owner, a family member, or two witnesses. What crime is committed? a) Violation of Domicile b) Trespass to Dwelling c) Searching Domicile without Witnesses d) Abuse of Authority
A mayor who, without legal ground, prohibits a peaceful rally is liable for: a) Grave Coercion b) Violation of Constitutional Rights c) Prohibition, Interruption, and Dissolution of Peaceful Meetings d) Abuse of Authority
What crime is committed by a person who disturbs a religious ceremony? a) Offending Religious Feelings b) Interruption of Religious Worship c) Tumults and Other Disturbances d) Blasphemy
Performing acts "notoriously offensive to the feelings of the faithful" inside a church is an element of: a) Interruption of Religious Worship b) Offending Religious Feelings c) Grave Scandal d) None of the above
The right to be free from unreasonable searches and seizures is protected by the laws on: a) Arbitrary Detention b) Violation of Domicile c) Illegal Detention d) All of the above
What is the maximum detention period for a person arrested for a crime punishable by an afflictive penalty? a) 12 hours b) 18 hours c) 36 hours d) 72 hours
A public officer who expels a person from the Philippines without legal authority is liable for: a) Expulsion b) Violation of Domicile c) Arbitrary Detention d) Grave Coercion
For a public officer to be liable for Arbitrary Detention, the detention must be: a) For a long period b) Without legal grounds c) With violence d) For the purpose of ransom
The offender in Violation of Domicile is a: a) Private individual b) Public officer c) Either a or b d) None of the above
What is the key difference between Arbitrary Detention and Illegal Detention? a) The duration of detention b) The offender's status (public vs. private) c) The use of force d) The place of detention
A public officer who delays the release of a prisoner despite a court order is liable for: a) Arbitrary Detention b) Delaying Release c) Dereliction of Duty d) Contempt of Court
The right to peaceful assembly is protected by which article of the RPC? a) Art. 124 b) Art. 128 c) Art. 131 d) Art. 133
To be liable for Offending Religious Feelings, the act must be performed: a) In public b) In a place of religious worship c) With malice d) All of the above
A private individual who enters a dwelling against the owner's will is liable for: a) Violation of Domicile b) Trespass to Dwelling c) Robbery d) Burglary
The 12-18-36 hour rule applies to: a) Arbitrary Detention b) Delay in Delivery of Detained Persons c) Violation of Domicile d) All of the above
Which is NOT a fundamental law of the state protected by this chapter? a) Right to liberty b) Right to property c) Right to free speech d) Right to assembly
A public officer searches a house with a valid warrant but without the required witnesses. The crime is: a) Violation of Domicile b) Searching Domicile without Witnesses c) No crime committed d) Abuse of Authority
A person arrested for a crime with a correctional penalty must be delivered to judicial authorities within: a) 12 hours b) 18 hours c) 36 hours d) 48 hours
The crime of Expulsion can be committed by: a) Forcing someone to leave the country b) Forcing someone to change their residence c) Both a and b d) Neither a nor b
The essence of the crime of Prohibition, Interruption, and Dissolution of Peaceful Meetings is: a) The use of violence b) The lack of a permit for the meeting c) The lack of legal ground for the officer's action d) The meeting being political in nature

Answer Key & Explanations

a) 12 hours - For light penalties, the detention period is 12 hours.
c) The detention is for more than 3 days. - The duration of detention is not an element of the crime itself, but it affects the penalty.
c) Illegal Detention - The offender in Illegal Detention is a private individual.
d) Searching a person outside their dwelling. - This is not a mode of committing Violation of Domicile.
c) Search Warrant Maliciously Obtained - This is the specific crime under Art. 129.
c) Searching Domicile without Witnesses - Art. 130 specifically penalizes this act.
c) Prohibition, Interruption, and Dissolution of Peaceful Meetings - This is the crime defined in Art. 131.
b) Interruption of Religious Worship - Art. 132 covers this.
b) Offending Religious Feelings - This is the key phrase in Art. 133.
b) Violation of Domicile - This crime directly protects the sanctity of the home from unauthorized entry and search.
c) 36 hours - For afflictive or capital penalties, the period is 36 hours.
a) Expulsion - Art. 127 defines this crime.
b) Without legal grounds - This is the core element of the crime.
b) Public officer - If the offender is a private individual, the crime is Trespass to Dwelling.
b) The offender's status (public vs. private) - This is the primary distinction.
b) Delaying Release - Art. 126 specifically penalizes this.
c) Art. 131 - This article protects the right to peaceful assembly.
b) In a place of religious worship - The location is a key element of the crime.
b) Trespass to Dwelling - A private person committing this act is liable for Trespass.
b) Delay in Delivery of Detained Persons - The 12-18-36 hour rule is the cornerstone of Art. 125.
c) Right to free speech - While important, this is not the primary right protected by this specific chapter of the RPC.
b) Searching Domicile without Witnesses - Even with a valid warrant, the search must be conducted properly.
b) 18 hours - The period for correctional penalties is 18 hours.
c) Both a and b - Both acts constitute the crime of Expulsion.
c) The lack of legal ground for the officer's action - The officer must have a valid, legal reason to interfere with the meeting.