Bunyi, Kenneth A.

BS Crim, 3-B

Article 126.  Delaying Release 

 
Acts punished 
 
1. Delaying the performance of a judicial or executive order for the release of a prisoner; 
2. Unduly delaying the service of the notice of such order to said prisoner; 
3. Unduly delaying the proceedings upon any petition for the liberation of such person.
(Habeas Corpus) 
 
Elements 
 
1. Offender is a public officer or employee; 
2. There is a judicial or executive order for the release of a prisoner or detained prisoner, or
that there is a proceeding upon a petition for the liberation of such person; 
3. Offender without good reason delays – 
 
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. 
 
 The warden and the jailers are the PO most likely to violate this article. 
 
 If the PO who is being commanded by the court, under habeas corpus proceeding, to
produce the body and the reason thereof, but refuse to do so thereby delaying the proceeding,
then he can be punished under this act. 
 
 
Article 127.  Expulsion 
 
Acts punished 
1. Expelling a person from the Philippines; 
 
2. Compelling a person to change his residence. 
 
Elements 
1. Offender is a public officer or employee; 
2. He either – 
a. expels any person from the Philippines; or 
b. compels a person to change residence; 
 
Offender is not authorized to do so by law. 
 
 1.  
The essence of this crime is coercion but the specific crime is “expulsion” when committed by a
public officer.  If committed by a private person, the crime is grave coercion. 
 
In Villavicencio v. Lukban, 39 Phil 778, the mayor of the City of Manila wanted to make the
city free from prostitution.  He ordered certain prostitutes to be transferred to Davao, without
observing due processes since they have not been charged with any crime at all.  It was held that
the crime committed was expulsion. 
 Note that only the court can order the change of residence of any person. 
 Note of the phrase “expels any person” would include alien. 
 Exceptions; ejection, expropriation, and destierro. 
 
 
1. If a Filipino citizen is sent out of the country, what crime is committed? 
The crime falls under the element of expulsion such as coercion.