Criminal Law Notes: Mens Rea, Actus Reus (Elements of the Crime) Part 2

TITLE II: CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE

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

SECTION ONE: ARBITRARY DETENTION AND EXPULSION

ARTICLE 124. ARBITRARY DETENTION

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

2. That he detains a person;

3. That the detention is without legal ground.

Legal grounds for the detention of persons:

1. The commission of a crime; or

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

Note on R.A. 6235:

Aggravating circ. to nos. 1 and2

1. When the offender has fired upon the pilot, member of the crew, or passenger of the aircraft;

2. When the offender has exploded or attempted to explode any bomb or explosive to destroy the aircraft;

3. Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape;

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ARTICLE 125. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES

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:

12 hrs. for light penalties or their equivalent.

18 hrs. for correctional penalties or their equivalent.

36 hrs. for afflictive penalties or their equivalent

ARTICLE 126. DELAYING RELEASE

Three acts punished:

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 either:

a. The service of the notice of such order to the prisoner;

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.

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ECTION TWO: VIOLATION OF DOMICILE

ARTICLE 127. EXPULSION

Two acts punished:

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 any person from the Philippines, or compels a person to change his residence;

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

Exception: (no expulsion) in cases of ejectment, expropriation or when the penalty of destierro is imposed.

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ARTICLE 128 VIOLATION OF DOMICILE

Acts Punished

1. By entering any dwelling against the will of the owner thereof;

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 entered said dwelling and after having been required to leave the same.

Common elements:

1. That the offender is public officer or employee;

2. That he is not authorized by judicial order to enter the dwelling and/ or to make a search for papers and for other effects.

Qualifying circumstances:

1. If committed at nighttime;

2. If any papers or effects, not constituting evidence of a crime are not returned immediately after a search is made by the offender.

ARTICLE 129. SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED

Acts Punished:

1. Procuring a search warrant without just cause

Elements:

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

b. That he procures a search warrant;

c. That there is no just cause.

2. Exceeding his authority or by using unnecessary severity in executing a search warrant legally procured

Elements:

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

b. That he has legally procured a search warrant;

c. That he exceeds his authority or uses unnecessary severity in executing the same.

ARTICLE 130 SEARCHING DOMICILE WITHOUT WITNESSES

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

2. That he searches the domicile, papers or other belongings of any person;

3. That he is armed with a warrant;

4. That the owner or any member of his family or two witnesses residing in the same locality are not present.

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SECTION THREE: PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS

ARTICLE 131 PROHIBITION, INTERRUPTION, & DISSOLUTION OF PEACEFUL MEETINGS

Acts Punished:

1. Prohibiting, interrupting or dissolving without legal ground the holding of a peaceful meeting;

2. Hindering any person from joining any lawful association or from attending any of its meetings;

3. Prohibiting or hindering any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances.

Common elements:

1. That the offender is a public officer;

2. That he performs any of the acts mentioned above

ARTICLE 132. INTERRUP-TION OF RELIGIOUS WORSHIP

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

- Qualified by violence or threats

TITLE THREE: CRIMES AGAINST PUBLIC ORDER

ARTICLE 133. OFFENDING RELIGIOUS FEELINGS

1. That the acts complained of were performed:

a. In a place devoted to religious worship (not necessary that there is a religious worship); or

b. During the celebration of any religious ceremony;

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