DIGESTED NOTES IN CRIMINAL LAW

Part 1

A. PRELIMINARY CONSIDERATIONS

1. CRIMINAL LAW, definition – branch or division of public law which defines

crimes, treats of their nature and provides for their punishment.

Note: CRIME VS. FELONY - A crime is an act committed or omitted in violation of

a public law forbidding or commanding it while a felony is an act or omission
punishable by the Revised Penal Code (RPC).

Note: FELONIES – are commited by means of (i) deceit (dolo) as when the act is
performed with deliberate intent or (ii) fault (culpa) as when the wrongful act
results from (Art. 3, [2] and [3], RPC).

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2. SOURCES OF PHILIPPINE CRIMINAL LAW –

(a) RPC (Act 3815) effective January 1, 1932 and its amendments; (b) special laws
defining acts and providing penalties for them passed by the legislative
department of the Philippine government;
(c) PDs of Pres. Ferdinand Marcos; (d) EOs of President Corazon Aquino.
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3. MAIN CHARACTERISTICS OF PHILIPPINE CRIMINAL LAW –

(a) Generality – Philippine criminal laws are binding on all persons who live/sojourn
in the Philippines regardless of creed, religion, sex or nationality so long as you
reside in Philippine territory.

Note: Exceptions –

(i) immunity granted to sovereigns and other chiefs of states, ambassadors,

ministers plenipotentiary, minister residents and charges d’affaires;

(ii) criminal exemptin based on treaty stipulations;

(iii) law of preferential treatment like Art. 6, Sec. 11 of the Constitution granting
parliamentary immunity to members of Congress.

(b) Territoriality – criminal law undertakes to punish crimes committed only within
Philippine territory.

Note: Exceptions –

(i) those who commit an offense while on a Philippine ship or airship; (ii) those who
forge or counterfeit any coin or currency note of the Philippines or obligations and
securities issued by the Government of the Philippines;
(iii) those liable for acts connected with introduction into Philippines of obligations
and securities mentioned in the preceding number; (iv) those who, while being
public officers or employees, should commit an offense in the exercise of their
functions; or
(v) those who commit any of the crimes against national security and the law of
nations defined in Title One of Book 2 of the RPC (Art. 2, RPC).

(c) Prospective – Penal laws cannot make an act punishable when it was not
punishable when committed.

Note: Exception – Retroactive effect when favorable to a person guilty of a felony

who is not a habitual delinquent (Art. 22, RPC).

Note: See Rule 5, Art. 62 for habitual delinquency.

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4. CLASSIFICATION OF FELONIES –

(a) As to Manner/Mode of Execution (Art. 3) –

(i) Intentional Felonies – committed by means of deceit or malice (freedom,

intelligence, intent), eg., murder, estafa;
(ii) Culpable Felonies – where wrongful act results from imprudence, negligence,
lack of foresight or lack of skill (freedom, intelligence, imprudence, negligence,
etc.), eg., reckless imprudence resulting to homicide.

(b) As to Stage of Execution (Art. 6) –

(i) Consummated – all elements necessary for its execution and accomplishment
are present;
(ii) Frustrated – performs all acts of execution which would produce the felony as
a consequence but which do not produce it by reason of causes independent
of perpetrator’s will;
(iii) Attempted –commences commission of a felony directly by overt acts and
does not perform all the acts of execution which should produce the felony by
reason of some cause/accident other than his own spontaneous desistance.

(c) According to Gravity (Art. 9) –

(i) Grave Felonies – law attaches capital punishment or penalties which in any of
their periods are afflictive in accordance with Art. 25, RPC, eg. rape, parricide;
(ii) Less Grave Felonies – law punishes with penalties which in their maximum
period are correctional, eg., attempted homicide, illegal discharge of firearm;
(iii) Light Felonies – infractions of law for the commission of which the penalty of
arresto menor or a fine not exceeding P200, or both is provided, eg., slight physical
injuries, alarms and scandal.

(d) Mala in se vs. Mala Prohibita – Mala in se are crimes which are wrong from
their nature such as murder, theft, rape, etc. Mala prohibita are wrong merely
because they are prohibited by the State, like illegal possession of firearm.
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5. PERSONS CRIMINALLY LIABLE –

(a) commits a felony which he intended (Art. 4, RPC);

(b) commits a felony (delito) although the wrongful act done be different from
that which he intended which includes:

(i) Error in personae (mistake in victim’s identity) – Peace officers ordered to arrest
escaped notorious convict B, proceeded to the latter’s house and fired upon a
sleeping man who turned out to be T, were convicted of murder for fired upon T
with wrongful intent to kill B (Pp. vs. Oanis, 74 Phil 257);
(ii) Aberratio ictus (mistake in the blow) – X intends to kill Y and fired at the latter
but only hit Y superficially and killed his own father Z, X is criminally liable for
attempted homicide with paricide.
(iii) Praeter intentionem (injurious result is greater than that intended) – A slapped
his wife who feel and hit her head hard on the pavement rendering her
unconscious and thereafter dead, A is liable for parricide.

(c) performs an act which would be an offense against person or property if not
for the inherent impossibility of its accomplishment or due to employment of
inadequate or ineffectual means (Art. 4).
Note: Impossible crimes – acts performed with malice which would have been
an offense against persons/property if not for the inherent LEGAL or PHYSICAL
impossibility of its accomplishment or due to employment of inadequate/
ineffectual means.
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6. PARTICIPANTS OF THE CRIME –

(a) Principals (Art. 17) –

(i) By Direct Participation – take a direct part in the execution of the act;
(ii) By Inducement – directly force or induce others to commit the crime; and
(iii) By Indispensable Cooperation – cooperate in the execution of the offense by
another act without which the crime would not have been accomplished.

(b) Accomplices (Art. 18) – a.ka. “accessory before the fact”; did not participate
as principal but cooperates in the execution of the offense by previous or
simultaneous act.

(c) Accessories (Art. 19) - a.k.a. “accessory after the fact”, has knowledge of the
commission of the crime but did not participate as principal or accomplice and
takes part subsequent to its commission by (key: PCH):

(i) Profits or assists the offender to profit by the effects of the crime;
(ii) Conceals or destroys the body of the crime or effects or instruments thereof to
prevent its discovery;
(iii) Harbors, conceals or assists in the escape of the principal provided that the
accessory acts with abuse of public functions, or whenever the author of the
crime is guilty of treason, parricide, murder or an attempt to take the life of the
Chief Executive or is known to be guilty of some other crime.

Note: P.D. No. 1612 (Anti-Fencing Law) – a “fence” is one who, with intent to gain
for himself or another, buys, possesses, keeps, acquires, conceals, sells or disposes
of or buys and sells, or in any other manner deals in any artifice, item, object or
anything of value he knows or should have known to have been derived from the
proceeds of robbery or theft. Hence, an accessory to robbery is a principal for
violation of this decree.

Note: P.D. No. 1829 (Obstruction of Justice Law) – punishes any person who
knowingly or willfully (key: FIDO): Frustrates, Impedes, Delays or Obstructs
apprehension of suspects and investigation and prosecution of criminal cases by
harboring, concealing or facilitating the escape of any person whom he knows
or has reasonable ground to believe/suspect, has committed any offense under
existing penal laws in order to prevent his arrest, prosecution or conviction.
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7. CRIMES AND PENALTIES (Book II, RPC) – the different felonies are arranged into
the following titles:

(a) Title I – Crimes against National Security and Law of Nations

(b) Title II – Crimes against Fundamental Law of the State
(c) Title III – Crimes against Public Order
(d) Title IV – Crimes against Public Interest
(e) Title V – Crimes relative to Opium and other Prohibited Drugs
(f) Title VI – Crimes against Public Morals
(g) Title VII – Crimes committed by Public Officers
(h) Title VIII – Crimes against Persons
(i) Title IX – Crimes against Personal Liberty and Security
(j) Title X – Crimes against Property
(k) Title XI – Crimes against Chastity
(l) Title XII – Crimes against Civil Status of Persons
(m) Title XIII – Crimes against Honor
(n) Title XIV – Quasi-Offenses

Note: Give attention to the following items: (i) Offender; (ii) Act or omission
involved; and (iii) Circumstances attending. These elements distinguish one crime
from another.
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B. CRIMES AGAINST NATIONAL SECURITY AND

LAW OF NATIONS (TITLE I)

1. TREASON (ART. 114) - a breach of allegiance to the government committed

by a person owing allegiance to it.

Elements:

(a) offender is a Filipino or resident alien;

(b) levies war against Philippines or adheres to the enemies by giving them aid or
comfort in the Philippines or elsewhere.

Note: A Filipino offender may commit treason even outside the Philippines. An
alien to be liable must be residing in the Philippines.

Note: Treason cannot be committed in PEACE TIME since the second element
requires “war.” Treason may be incubated in peace time and treasonable acts
may be perpetuated during such but there are no traitors until war has started.
No formal declaration of the existence of a state of war is necessary to justify the
conclusion that those engaged in such attempt are levying war and therefore
guilty of treason.

Note: Two modes of committing treason –

(a) levying war against Government requires – (i) actual assembly of men; and
(b) purpose of the assembly is to execute a treasonable design by force; or

(b) adhering to the enemies of the Philippines, giving them aid or comfort.

Note: Adherence without giving aid or comfort to the enemy does not constitute
treason. Adherence means intent to betray. “Aid or comfort” is an act which
strengthens or tends to strengthen the enemy in the conduct of war against the
traitor’s country; an act which weakens or tends to weaken the power of the
traitor’s country to resist or to attack the enemy.

Note: Giving aid or comfort WITHOUT adherence to the enemy does not
constitute treason. Giving information to the enemy or commandeering foodstuffs
for the enemy is evidence of both adherence and aid or comfort.
Commandeering women to satisfy the lust of enemy is not treason.

Note: The act committed NEED NOT ACTUALLY strengthen the enemy as the
commission of the crime is determined by the AIM for which the act was done
and not by the degree of success.

Note: Murder, physical injuries and other common crimes are charged as overt
acts of treason or inherent in the crime of treason and cannot be charged as
separate offenses or as complexed with treason since the giving of aid and
comfort can be accomplished only by some kind of action – a deed or activity
that may be and often in itself is a criminal offense under another penal statute/
provision.

Note: Treason is proved by – (a) Testimony of at least two witnesses to the same
overt act, i.e. the physical deed of giving aid or comfort; or (b) Accused’s
confession in open court.

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2. CONSPIRACY & PROPOSAL TO COMMIT TREASON (ART. 115) – Generally,

conspiracy and proposal to commit a felony is not punishable (under Art. 8, RPC).
However, mere conspiracy or proposal to commit treason is a felony because the
very existence of the State is in danger.
Elements of Conspiracy to Commit Treason:

(a) offenders are two or more persons;

(b) offenders, in time of war, come to an agreement to levy war against the
Government or to adhere to the enemies and give them aid or comfort; and
(c) offenders decide to commit it.

Elements of Proposal to Commit Treason:

(a) in times of war, offender is any person who has decided to levy war against
the Government or to adhere to the enemies and give them aid and comfort;
and
(b) offender proposes its execution to some other person/s.

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3. MISPRISION OF TREASON (ART. 116) – This is a crime of omission as an exception

to the rule in relation to Art. 19 that, a person who keeps silent as to what he knows
about the perpetration of an offense, is not criminally liable.

Elements:
(a) offender is any person who owes allegiance to the Government not being a
foreigner;
(ii) offender has knowledge of a conspiracy against the Government;
(c) offender conceals or does not disclose and make known this conspiracy as
soon as possible to the governor or fiscal of the province, or the mayor or fiscal of
the city in which he resides.

Note: The crime cannot be committed by a resident alien.

Note: The article speaks of knowledge of any conspiracy against the

Government. Hence, the crime cannot be committed if treason is already
committed by someone and the accused does not report its commission to the
proper authority.

Note: The offender is a principal to the crime of misprision of treason but punished
as an ACCESSORY to the crime of treason (2 degrees lower).
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4. ESPIONAGE (ART. 117) – This is the offense of gathering, transmitting or losing

information respecting national defense with intent or reason to believe that
information is to be used to the Republic’s injury or a foreign nation’s advantage.
The crime is not conditioned by the offender’s citizenship and may be committed
both in peace and war time.

Note: Two ways of committing Espionage –

(a) Entering a warship, fort or naval/military establishment to obtain confidential

information, place photos or data relative to Philippine defense; or
(ii) Disclosure of contents of confidential information relative to Philippine defense
to a representative of a foreign nation.

Elements of First Offense:

(a) Offender is any person, citizen or foreigner, private individual or a public

officer;
(b) offender, without authority therefor, entered a warship, fort, naval or military
establishment or reservation;
(c) such entry is with intent to obtain information relative to Philippine defense.

Note: Information need not be actually obtained. It is sufficient that offender has
the purpose of obtaining any of them when he entered.

Elements of Second Offense:

(a) Offender is a public officer;

(b) By reason of his public office, offender possesses articles, data or information
relative to Philippine defense;
(c) Offender discloses such data or information to a foreign nation’s
representative.

Note: See C.A. No. 616 (An Act to Punish Espionage and Other Offenses against
National Security.
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5. INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS (ART. 118) – This crime is
committed in times of peace.

Elements:

(a) Offender is a public officer/employee or private individual;

(b) Offender performs unlawful or unauthorized acts;
(c) Such acts provoke or give occasion for war involving or liable to involve the
Philippine Islands or exposes Filipino citizens to reprisals on their persons or
property.
Note: Offender’s intention is immaterial. If the unlawful/unauthorized acts, like
raising without sufficient authorization of troops within the country for the service
of a foreign country against another or public destruction of flag of a foreign
state, provokes or gives occasion for war or expose Filipino citizens to reprisals, the
crime is committed regardless of his intentions. The law considers the effects
produced by the accused’s actions.

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6. VIOLATION OF NEUTRALITY (ART. 119) – Neutrality means a nation does not take
part in a contest of arm going on between other nations.

Elements:

(a) Offender is any person;

(b) Offender violates any regulation issued by competent authority on the
occasion of war in which the Government is not involved;
(c) The issued regulation is for the purpose of enforcing neutrality.

Note: There must be a regulation issued by the competent authority for the
enforcement of neutrality.
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7. CORRESPONDENCE WITH HOSTILE COUNTRY (ART. 120) –Correspondence is

communication by means of letters; or it may refer to letters which pass between
those who have friendly/business relations.

Elements:

(a) Offender is any person;

(b) Offender has correspondence with an enemy country or territory occupied
by enemy troops; and
(c) Such correspondence is made in time of war.

Note: Penalty varies depending on whether the correspondence:

(a) has been prohibited by the Government;

(b) be carried on in ciphers or conventional signs;
(c) if notice or information be given thereby which might be useful to the enemy;
(d) if notice or information was given by offender with intent to aid the enemy
(the crime amounts to treason, hence, the penalty is the same as that for treason).
Note: Even if the correspondence contains innocent matters, if the
correspondence has been prohibited by the Government, it is punishable
because of the possibility that some information useful to the enemy might be
revealed unwittingly.
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8. FLIGHT TO ENEMY COUNTRY (ART. 121)

Elements:

(a) Offender is any person owing allegiance to the Government;

(b) Offender tries to flee or go to any enemy country;
(c)Such act is prohibited by competent authority.

Note: An alien resident can be held liable under the article as the law does not
say “not being a foreigner”. Mere attempt to flee/go to enemy country
consummates the crime.

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9. PIRACY IN GENERAL & MUTINY ON HIGH SEAS (ART. 122) – Piracy is robbery or
forcible depredation on the high seas, without lawful authority and done with
animo furandi and in the spirit and intention of universal hostility.

Elements:

(a) Offender is any person not being a member of the ship’s complement or a
passenger;
(b) Offender attacks or seizes any vessel or seize the whole or part of its cargo,
equipment or its complement/passengers’ personal belongings;
(c) Such attack or seizing is done on the high seas or in Philippine waters.

Note: Two Ways of Committing Piracy –

(a) Attacks or seizes a vessel on high seas or in Philippine waters; or

(b) Seizes whole or part of the cargo, equipment or personal belongings of the
ship’s complement/passengers while on the high seas or in Philippine waters.

Note: Mutiny is the unlawful resistance to a superior officer or the raising of

commotions and disturbances on board a ship against. It is also punished under
this article.

Note: Under, P.D. No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974) –
(a) any attack upon/seizure of, any vessel or the taking away of the whole or part
thereof or its cargo, equipment or the personal belongings of its
complement/passengers, irrespective of the value thereof, by means of violence
against or intimidation of persons or force upon things, committed by any person
including a passenger/member of the complement of said vessel, IN PHILIPPINE
WATERS, shall be considered as piracy;

(b) The offenders shall be considered as pirates and punished by the penalty of
reclusion temporal in its medium and maximum periods;

(c) If physical injuries or other crimes are committed as a result or on occasion

thereof, penalty of reclusion perpetua shall be imposed;

(d) If rape, murder or homicide is committed as a result or on occasion of piracy

or when the offender abandoned the victims without means of saving
themselves, or when the seizure is accomplished by firing upon or boarding a
vessel, the mandatory penalty of death shall be imposed. However, RA#9346
prohibits imposition of death penalty, thus instead of mandatory penalty of death
under PD#532, reclusion perpetua without eligibility for parole shall be imposed.

Note: Read R.A. No. 9372 (Human Security Act of 2007).

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10. QUALIFIED PIRACY (ART. 123) – A special complex crime punishable by

reclusion perpetua to death, regardless of the number of victims.

Elements:

(a) Offender commits any of the crimes under Art. 122;

(b) In the commission of the crime, offender – (i) seizes a vessel by boarding or
firing upon it; (ii) abandoned the victims without means of saving themselves; (iii)
murder, homicide, physical injuries or rape is also committed.

Note: Any person who aids or protects pirates or abets the commission of piracy
is an accessory to the crime.

Note: Read R.A. No. 6235 (An Act Prohibiting Certain Acts Inimical to Civil Aviation,
a.k.a. Anti-Air Hijacking Law).

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 C. CRIMES AGAINST FUNDAMENTAL LAWS
OF THE STATE (TITLE II)

Note: These are crimes against the fundamental laws of the State because they
violate certain provisions of the Bill of Rights (Article III of the 1987 Constitution).

1. ARBITRARY DETENTION (ART. 124) – Detention is a person’s actual confinement

in an enclosure, or in any manner detaining and depriving him of his liberty.

Note: If the person detained could move freely in or out of his prison cell and take
his meals outside the prison but still under surveillance of the guards and could
not escape for fear of being apprehended again, there is still arbitrary detention.

Elements:

(a) Offender is any public officer or employee;

(b) Offender detains a person;
(c) Detention is without legal grounds

Note: Offender is a public officer or employee to include policemen and other

agents of the law vested with authority to detain or order the detention of a
person accused of a crime.

Note: The penalty for the crime depends on the period of detention that is –

(a) detention has not exceeded 3 days;

(b) detention continued for more than 3 days but not more than 15 days;
(c) detention continued for more than 1 days but not more than 6 months; or
(d) detention exceeded six months.

Note: Detention without legal grounds means that the person detained – (i) has
not committed a crime, or at least, there is no reasonable ground for suspicion
that he has committed a crime; or (ii) he is not suffering from violent insanity or
any other ailment requiring compulsory confinement in a hospital.

Note: Read Sec. 5, Rule 113 of the Rules of Court for the instances of a valid
warrantless arrest.

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2. DELAY IN DELIVERY OF DETAINED PERSONS TO PROPER JUDICIAL AUTHORITIES

(ART. 125) – This article is intended to prevent any abuse resulting from confining
a person without informing him of his offense and without permitting him to go on
bail.
Elements:

(a) Offender is a public officer or employee;

(b) Offender detains any person for some legal ground;
(c) Offender fails to deliver the detainee to the proper judicial authority;
(d) Delivery of detainee to the proper judicial authority must be within – (i) 12 hours
for crimes punishable by light penalties; (ii) 18 hours for crimes punishable by
correctional penalties; and (iii) 36 hours for crimes punishable by afflictive or
capital penalties.

Note: Delivery to the judicial authority of a person arrested without a warrant by

a peace officer consists in the making of an charge, accusation or filing an
information against the person arrested with the court whereby the latter acquires
jurisdiction to issue an order of release or commitment of the prisoner. The
detaining officer’s duty is deemed complied with upon the filing of the complaint
with the judicial authority.

Note: Offender is a public officer/employee. A private individual who makes a

lawful arrest must also comply with the requirements prescribed in Art. 125. If he
fails to do so, he shall be guilty of illegal detention under Article 267 or 268, and
not arbitrary detention.

Note: The article applies only when a lawful arrest is made without an arrest
warrant. If the arrest is by virtue of a warrant, the article does not apply. A person
arrested under an arrest warrant can be detained indefinitely until his case is
resolved or he posts bail for temporary release.

Note: Where a judge is not available, the arresting officer is duty-bound to release
a detained person, if the maximum hours for detention provided under Art. 125
has already expired. Failure to cause the release may result in an offense under
Art. 125.

Note: Under R.A. No. 9372 (Human Security Act of 2007) –

(a) a person charged with or suspected of the crime of terrorism or conspiracy to

commit terrorism shall be delivered to the proper judicial authority within 3 days
counted from the moment said charged or suspected person has been
apprehended or arrested, detained and taken into police custody. However, the
arrest of the suspects must result from the surveillance under Section 7 and the
examination of bank deposits under Section 27.

(b) in case of actual or imminent terrorist attack, suspects may not be detained
for more than 3 days without the written approval of a municipal, city or provincial
or regional official of the Human Rights Commission, or of an MTC or RTC judge,
Sandiganbayan or Court of Appeals justice nearest the place of arrest. If arrest
made on Saturdays, Sundays or holidays or after office hours, the arresting officer
shall bring the person thus arrested to the residence of any of the mentioned
officials;
(c) a penalty of 10 years and 1 day to 12 years imprisonment shall be imposed
upon any police or law enforcement personnel who has apprehended or
arrested, detained and taken into custody of a person charged with or suspected
of the crime of terrorism or conspiracy to commit terrorism and fails to deliver such
charged or suspected person to the proper judicial authority within the period of
3 days.
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3. DELAYING RELEASE (ART. 126)

Elements:

(a) Offender is any public officer or employee;

(b) Offender delays performing any judicial or executive order for the release of
a prisoner or detainee or unduly delays service of notice of such order to said
prisoner or the proceedings upon any petition for the liberation of such person;
(c) such delay is incurred within the period specified in Art. 124.

Note: Offender is mostly a warden or peace officer temporarily charged with the
custody of prisoners. There is a judicial or executive order for the release of a
prisoner or a proceeding upon a petition for the liberation of such prisoner.
Offender delays without good reason service of the notice of such order to the
prisoner or performing such order of release or the proceedings upon petition for
the prisoner’s release.

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4. EXPULSION (ART. 127) –

Elements:

(a) Offender is any public officer or employee;

(b) Offender expels any person from the Philippines or compels such person to
change his residence;
(c) Offender is not authorized to make such expulsion or compulsion.

Note: Only Courts by final judgment can order a person to change his residence
(such as in cases of ejectment, expropriation, penalty of destierro).

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5. VIOLATION OF DOMICILE (ART. 128) –

Elements:

(a) Offender is any public officer or employee not authorized by judicial order;
(b) Offender enters any dwelling against the owner’s will, search papers or other
effects found therein without the owner’s previous consent or having
surreptitiously entered said dwelling and being required to leave the premises
refuses to do so.

Note: The Three Acts punished by the article are: (i) entering any dwelling against
the owner’s will; (ii) searching papers or other effects found therein without the
owner’s previous consent; or (iii) having surreptitiously entered said dwelling and
being required to leave the premises, refuses to do so.

Note: In all three acts, the common element is that the offender is a public
officer/employee. If the offender is a private individual, the crime is trespass to
dwelling.

Note: The penalty for the crime is higher when – (i) the crime is committed in the
night-time; or (ii) any papers or effects not constituting evidence of a crime is not
returned immediately after the offender made the search.

Note: Offender’s entrance is “against the owner’s will” presupposes either

Expressed or Implied Opposition or Prohibition by the owner. If public officer’s
entrance is only without the consent of the dwelling’s owner, the crime is not
committed just as there is no crime when said owner consent to such entrance.

Note: “Having surreptitiously entered said dwelling” means entrance may only be
without owner’s consent. The crime is committed only when offender REFUSES to
leave the premises when required to do so.
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6. SEARCH WARRANTS MALICIOUSLY OBTAINED & ABUSED OF THOSE LEGALLY

OBTAINED (ART. 129) –

Elements:

(a) Offender is any public officer or employee;

(b) Offender procures a search warrant without just cause or legal procures one
but exceeds his authority or use unnecessary severity in executing the same.
Note: Two Acts punished by the article – (i) procuring a search warrant without
just cause; or (ii) exceeding authority or using unnecessary severity in executing a
search warrant legally procured.

Note: Read Sec. 4, Rule 126 of Rules on Criminal Procedure for definition,
procurement, subject and scope of a search warrant.

Note: A search warrant is procured without just cause when it appears on the
face of the affidavits filed in support of the application therefor, or through other
evidence that the applicant had every reason to believe that the search warrant
sought for was unjustified. Perjury charges may be filed and affiant may be liable
for damages.

Note: Under Secs. 2 and 3 of Article 3 of the Constitution, papers or effects

obtained during unreasonable searches and seizures or under a search warrant
issued without probable cause and not in accordance with the procedure
prescribed or in violation of the privacy of communication and correspondence,
the same are not admissible if presented as evidence.

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7. SEARCHING DOMICILE WITHOUT WITNESSES (ART. 130) – The offender is armed

with a search warrant legally procured but he conducts the search without the
owner or any member of the latter’s family or 2 witnesses residing in the same
locality present.

Elements:

(a) Offender is any public officer or employee;

(b)Offender searches the domicile, papers or other belongings of another person;
(c) Search is made in cases where a search is proper;
(d) Search is conducted in the absence of the person or any member of his family
or in their default without 2 witnesses residing in the same locality present.

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8. PROHIBITION, INTERRUPTION & DISSOLUTION OF PEACEFUL MEETINGS (ART. 131)

Elements:

(a) Offender is a public officer or employee;

(b) Offender prohibits or interrupts the holding of a peaceful meeting or dissolve
the same or hinders any person from joining any lawful association or from
attending any of its meetings or prohibits or hinders a person from addressing,
either alone or together with others, any petition to the authorities for correction
of abuses or redress of grievance;
(c) Offender has no legal ground to do so.

Note: Three Acts punished by the article – (i) prohibits or interrupts the holding of
a peaceful meeting or dissolving the same; (ii) hinders any person from joining any
lawful association or attending any of its meetings; (iii) prohibits or hinders any
person from addressing, either alone or together with others, any petition to the
authorities for the correction of abuses/redress of grievances.

Note: In all three acts, the common element is that the offender is a public officer
or employee. If the offender is a private individual, the crime is disturbance of
public order under Art. 153, RPC.

Note: The offender must be a stranger, not a participant, in the peaceful meeting,
otherwise, the liability may be for unjust vexation under Art. 287.
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9. INTERRUPTION OF RELIGIOUS WORSHIP (ART. 132)

Elements:

(a) Offender is a public officer or employee;

(b) A religious ceremony or manifestation of religion is about to take place or is
on-going;
(c) Offender prevents or disturbs such ceremony or religious manifestation.

Note: The penalty is higher when the crime is committed with threats or violence.

Note: It is the nature of the activity and not the place where the activity is
conducted that determines “religious worship.” Hence, reading of Bible verses in
a private house by a group of people is a religious service. The law does not
require that a religious service should be conducted in an approved orthodox
style to merit protection against interference and disturbance.
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10. OFFENDING RELIGIOUS FEELINGS (ART. 133)

Elements:

(a) Offender is any person;

(b) Offender performs acts notoriously offensive to the feelings of the faithful;
(c) Such acts must be performed in a place devoted to religious worship or during
a religious celebration.

Note: “In a place devoted to religious worship” does not require a religious
ceremony to be on-going when the offender performs notoriously offensive acts.

Note: “During the celebration” is separate from the phrase “devoted to religious
worship and indicates that the religious ceremony need not be celebrated in a
place of worship. A religious ceremony is a religious act which include one
performed outside the church such as a processions or special prayers for burying
dead persons.

Note: “Acts notoriously offensive to the feelings of the faithful” are acts directed
against religious practice or dogma or ritual for the purpose of ridicule like
mocking or scoffing at or attempting to damage an object of religious
veneration. There must be deliberate intent to hurt the feelings of the faithful.
Offense to feelings is judge from the complainant’s point of view.

Note: Read the case of People vs. Baes 68 PHIL 203

Note: Read the case of Celdran vs. People G.R. No. 220127, March 3, 2018.