TITLE TWO: CRIMES AGAINST: FUNDAMENTAL LAWS OF THE STATE

  1. Arbitrary Detention

Elements:

  1. that the offender is a public officer or employee
  2. that he detains a person
  3. the he detains a person without legal grounds

  1. Delay in the delivery of detained person to the proper judicial authorities

Elements:

  1. that the offender is a public officer or employee
  2. that he detains a person for some legal ground
  3. that he fails to deliver such person to the proper judicial authorities within:
    1. 12 hrs for light penalties
    2. 18 hrs for crimes punishable by correctional
    3. 36 hrs for crimes punishable by afflictive or capital punishment

  1. Delaying release

Acts punishable under 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 proceedings upon any petition for the liberation of such person

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:
    1. the service of the notice of such order to the prisoner; or
    2. the performance of such judicial or executive order for the release of the prisoner; or
    3. the proceedings upon a petition for the release of such person.

  1. Expulsion

Acts punishable under 127:

  1. by expelling a person from the PH
  2. by compelling a person to change his residence

Elements:

  1. that the offender is a public officer or employee
  2. that he expels any person from the PH, or compels a person to change his residence
  3. that the offender is not authorized to do so by law

  1. Violation of Domicile

Acts punishable under 128:

  1. by entering any dwelling against the will of the owner thereof; or
  2. by searching papers or other effects found therein without the previous consent of such owner; or
  3. by refusing to leave the premises, after having surreptitiously entered said dwelling and after having been 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

  1. Search warrants maliciously obtained, and abuse in the service of those legally obtained

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 procured

Elements:

  1. that the offender is a public officer or employee
  2. that he procures a search warrant
  3. that there is no just cause

  1. Searching domicile without witnesses

Elements:

  1. that the offender is a public officer or employee
  2. that he is armed with 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 two witnesses residing in the same locality are not present.

  1. Prohibition, interruption, and dissolution of peaceful meetings

Elements:

  1. that the offender is a public officer or employee
  2. that he performs any of the acts mentioned.

  1. Interruption of Religious worship

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

  1. Offending the Religious Feelings

Elements:

  1. that the acts complained of were performed
    1. in a place devoted to religious worship, or
    2. during the celebration of any religious ceremony
  2. that the acts must be notoriously offensive to the feelings of the faithful

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