CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE

Section 1 – arbitrary detention and expulsion.

Arbitrary detention (art 124)
Requisites:

 Perp must be public officer/employee

 Without legal grounds
 Detains a person
Penalty:

 Arresto mayor (max) to prission correccional (minimum)

o For less than 3 days
 Prision correccional (med – max)
o For 3 – 15 days
 Prision mayor
o 15 days – 6 months
 Reclusion temporal
o Excess of 6 months

Delay in delivery of detained persons to proper judicial authorities – same penalties prescribed
in the prev article.*applies to publics officials and employees*
Time to deliver the detained persons:

 Light felonies
o Within 12 hours
 Less grave felonies
o Within 18 hours
 Grave felonies
o Within 36 hours

Also applies to those officers that unduly delays the release of a prisoner, or the service of the
notice of the same
Expulsion – expelling someone from the Philippine islands or compelling them to change
residence (Art 127)
Requisites:

 Public officer or employee

 Unauthorized
 Expels person from PH or compels them to change residence
Penalty:

 Prision correccional

Section 2 – violation of domicile

Violation of domicile (Art 128) – when unauthorized public officers or employees enter and
search a house without consent; or having entered surreptitiously and subsequently being
required to leave, refuse to do so.
Requisites:

 By a public officer/employee
 Unauthorized by judicial order
 Enters without consent/surreptitiously
o Against the will of owner
 Searches papers and effects (also without consent)
 Refuses to leave (after surreptitious entry)
Penalty:

 Prision correccional (min) – generally

 Prision correccional (med – max) if:
o Committed in the night time
o Things were taken that were not evidence of a crime immediately after
the search

Procuring a search warrant without just cause/exceeding authority or employing unnecessary

severity in executing a warrant (Art 129):
Penalty:

 Arresto mayor (max) – Prision Correccional (min)*

 Fine not exceeding 1,000 pesos*
 *on top of liability for anything else he did
When a search warrant is carried out in the absence of any witness (owner, next of kin, 2
witnesses residing in the same locality) (Art 130):
Penalty:

 Arresto mayor (med – max)