CLJ 4

Criminal Law Book 2

Atty. Mary Grace Aquino
2nd Sem SY 2020-2021
 PRAYER

Lord, true source of light and wisdom,

Give me keen sense of understanding,
A retentive memory and
A capacity to grasp things correctly.

Grant me the grace

To be accurate in my expositions
And the skill to express myself
With thoroughness and clarity.

Be with me at the start of my work,

Guide its progress
And bring it to completion.
Grant this through Christ, our Lord.

Amen.
 WEEK 2:
CRIMES AGAINST
FUNDAMENTAL
LAW OF THE
INTENDED LEARNING OUTCOMES
1. Identify and understand the crimes against the
fundamental laws of the land.
2. Categorically identify and specify the requisites for
a crime to be considered against the fundamental
laws of the land.
3. Illustrate in own words the crimes involving
violation against fundamental laws of the State.
The following are the crimes committed against the fundamental law of the
state:

1. Arbitrary detention
2. Delay in the delivery of detained persons to the proper judicial authorities
3. Delaying release
4. Expulsion
5. Violation of domicile
6. Search warrants maliciously obtained and abuse in the service of those legally
obtained
7. Searching domicile without witnesses
8. Prohibition, interruption, and dissolution of peaceful meetings
9. Interruption of religious worship
10. Offending the religious feelings
Article 124 - ARBITRARY
DETENTION

Elements:
1. That the offender is a public officer or
employee;
2. That he detains a person; and
3. That the detention is without legal
Detention is defined as the actual
confinement of a person in an
enclosure, or in any manner
detaining and depriving him of
his liberty.
Detention of a person is without legal ground:
1. When he has not committed any crime, or at
least, there is no reasonable ground for
suspicion that he has committed any crime; or
2. When he is not suffering from violent insanity
or any other ailment requiring compulsory
requirement in a hospital.
Some legal grounds for the detention
of persons:
1. The commission of a crime;
2. Violent insanity; or
3. Any other ailment requiring
compulsory confinement of the
patient in a hospital.
The following are the period penalized under this crime (A
greater penalty is imposed if the period is longer):
1. If the detention has not exceeded three (3) days;
2. If the detention has continued more than three (3) days
but not more than fifteen (15) days;
3. If the detention has continued more than fifteen (15) days
but not more than six (6) months.
4. If the detention exceeded six (6) months.
Example:
1. A barangay captain, seeing his housemaid quarelling with
her daughter, seized the housemaid and an hour later sent
him to the police station. The housemaid was kept in
detention from 5:00 p.m. to 9:00 a.m. the next day when
she was released by the police officer.

Reason: Mere quarreling is not a crime, hence detaining his

housemaid is without any legal ground.
Article 125 - DELAY IN THE DELIVERY
OF DETAINED PERSONS TO THE
PROPER JUDICIAL AUTHORITIES

This article intends to prevent any abuse resulting

from confining a person without informing him of
his offense and without permitting him to go on
bail.
The elements of the this crime are as follows:
1. The offender is a public officer or employee;
2. The offender has detained a person for some legal ground;
and
3. The offender fails to deliver such person to the proper
judicial authorities within:
a. Twelve (12) hours for offenses punishable by light
felonies or their equivalent;
b. Eighteen (18) hours for offenses punishable by
correctional penalties or their equivalent; or
c. Thirty-six (36) hours for offenses punishable by
afflictive penalties or their equivalent.
This crime includes Sundays, holidays and election
days in the computation of the periods prescribed
within which public officers should deliver arrested
persons to the proper judicial authorities as the law
never makes such an exception.
Delivery to proper authorities does not
consist of physical delivery but in making an
accusation or charge or filing of an
information against the person arrested with
the corresponding court or judge.
Proper judicial authorities refer to the
courts of justice or judges of said courts
vested with judicial power to order the
temporary detention or confinement of a
person charged with having committed a
public offense.
 Arbitrary Detention Delay in the delivery of detained
persons to the proper judicial
authorities

No warrant of arrest No warrant of arrest, but with legal

ground

The detention is illegal from the The detention is legal in the beginning
beginning but the illegality of the detention starts
from the expiration of the periods of
time specified in Article 125, without
the person detained having been
delivered to the proper judicial
authority
This crime can only be committed to arrest made without
a warrant. However, even though there is no warrant, the
arrest is based on some legal grounds.

If the arrest was made pursuant to a warrant, the prisoner

is already deemed in the custody of the court and the
officer has only to deliver without unnecessary delay to
the nearest police station or jail.
Example:
1. Mr. X was arrested and detained for the crime of theft. The
arresting officer filed the complaint only after 48 hours. An
information for theft against Mr. X was filed with the court on the
same day by the fiscal. Warrant of arrest was issued by the court.

The failure of the arresting officer to deliver the person arrested to

the judicial authority within the time specified is liable under
Article 125 even if an information was filed with the court because
a violation had already been committed before the information
was filed.
Article 126 - DELAYING RELEASE

The acts punishable under this crime are:

1. The delay in the performance of judicial or
executive order for the release of a prisoner;
2. The unduly delay in the service of the notice of
such order to said prisoner; and
3. The unduly delay the proceeding upon any petition
for the liberation of such prisoner.
The elements are as follows:
1. Offender is a public officer or employee;
2. There is a judicial or executive order for the release of the
prisoner or detention prisoner, or that there is a proceeding
upon a petition for the liberation of such person; and
3. Offender without good reason delays:
a. Service of notice of such order to the prisoner;
b. Performance of such judicial or executive order for the
release of the prisoner; and
c. Proceedings upon a petition for the release of such
prisoner.
Example:

For failure to prosecute, because the witness of the

prosecution did not appear, the case was dismissed
and the judge of the trial court gave an order to
release the accused. The jailer refused to release the
accused, notwithstanding that order of release, until
after several days.