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    Arbitrary Detention and Violation of Domicile

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    PEMS Ivan Theodore P Lopez
    These articles from the Philippine Criminal Code describe crimes involving unlawful detention, violation of domicile, and improper search and seizure. Article 124 makes it illegal for a public officer to detain someone without legal grounds. Article 125 prohibits holding a detained person for too long without presenting them to a judicial authority. Article 126 bars delaying the release of a prisoner after a court order. Article 127 makes it illegal for an officer to expel someone from the Philippines without authorization. Article 128 prohibits entering or searching a home without consent. Article 129 bars improperly obtaining or executing a search warrant. Article 130 requires witnesses to be present for a search with a valid warrant.

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    Arbitrary Detention and Violation of Domicile

    Uploaded by

    PEMS Ivan Theodore P Lopez
    39 views3 pages
    These articles from the Philippine Criminal Code describe crimes involving unlawful detention, violation of domicile, and improper search and seizure. Article 124 makes it illegal for a public officer to detain someone without legal grounds. Article 125 prohibits holding a detained person for too long without presenting them to a judicial authority. Article 126 bars delaying the release of a prisoner after a court order. Article 127 makes it illegal for an officer to expel someone from the Philippines without authorization. Article 128 prohibits entering or searching a home without consent. Article 129 bars improperly obtaining or executing a search warrant. Article 130 requires witnesses to be present for a search with a valid warrant.

    Original Description:

    Article 124 - 130, RPC

    Original Title

    ARBITRARY DETENTION AND VIOLATION OF DOMICILE

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    These articles from the Philippine Criminal Code describe crimes involving unlawful detention, violation of domicile, and improper search and seizure. Article 124 makes it illegal for a public officer to detain someone without legal grounds. Article 125 prohibits holding a detained person for too long without presenting them to a judicial authority. Article 126 bars delaying the release of a prisoner after a court order. Article 127 makes it illegal for an officer to expel someone from the Philippines without authorization. Article 128 prohibits entering or searching a home without consent. Article 129 bars improperly obtaining or executing a search warrant. Article 130 requires witnesses to be present for a search with a valid warrant.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    39 views3 pages

    Arbitrary Detention and Violation of Domicile

    Uploaded by

    PEMS Ivan Theodore P Lopez
    These articles from the Philippine Criminal Code describe crimes involving unlawful detention, violation of domicile, and improper search and seizure. Article 124 makes it illegal for a public officer to detain someone without legal grounds. Article 125 prohibits holding a detained person for too long without presenting them to a judicial authority. Article 126 bars delaying the release of a prisoner after a court order. Article 127 makes it illegal for an officer to expel someone from the Philippines without authorization. Article 128 prohibits entering or searching a home without consent. Article 129 bars improperly obtaining or executing a search warrant. Article 130 requires witnesses to be present for a search with a valid warrant.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
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    ARBITRARY DETENTION AND VIOLATION OF DOMICILE

    ART 124. Arbitrary Detention

    Elements:
    1. The offender is a public officer or employee
    2. That he detains a person
    3. That the detention is without legal grounds
    (The commission of a crime, or violent insanity or any other ailment
    requiring the compulsory confinement of the patient in a hospital, shall be considered
    legal grounds for the detention of any person)

    ART 125. Delay in the delivery of detained person

    Elements:
    1. That the offender is a public officer or employee
    2. That he has detained a person for some legal grounds
    3. That he fails to deliver such person to the proper judicial authority within
    a. Twelve (12) hours, if detained for crimes or offenses punishable by light
    penalties, or equivalent; or
    b. Eighteen (18) hours, for crimes or offenses punishable by capital
    punishment or their equivalent; or
    c. Thirty-six (36) hours, for crimes or offenses punishable by capital
    punishment or afflictive penalties, or their equivalent.

    ART 126. Delaying release

    Three (3) Acts Punishable Under Art 126:


    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 proceeding, upon a petition, for the liberation
    of such person.
    3. That the offender, without good reason delays (1) the service of the notice of
    such order to the prisoner, or (2) the performance of such judicial or executive
    order for the release of the prisoner, or (3) the proceedings upon a petition for the
    release of such person.
    ART 127. Expulsion

    Two (2) Acts Punishable Under Art 127.


    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.

    ART 128. Violation of Domicile

    Three (3) Acts punishable under Art 128


    1. By entering any dwelling against the will of the owner thereof, or
    2. By searching papers or other effects found therein without the previous consent
    of such owner; or
    3. By refusing to leave the premises, after having surreptitiously entered said
    dwelling and after having been required to leave the same.

    Elements common to the three acts


    1. The offender is a public officer or employee
    2. That he is not authorized by judicial order to enter the dwelling and/or to make a
    search therein for papers or other effects

    ART 129. Search warrants maliciously obtained, and abuse in the service of
    those legally obtained.

    Acts punishable in connection with search warrant:


    1. By procuring a search warrant without just cause.
    2. By exceeding his authority or by using unnecessary severity in executing a
    search warrant legally procured.

    Elements of procuring a search warrant without just cause:


    1. The offender is a public officer or employee
    2. That he procures a search warrant
    3. That there is no just cause

    Elements of exceeding authority or using unnecessary severity in executing a


    search warrant legally procured.
    1. The offender is a public officer or employee
    2. That he has legally procured a search warrant
    3. That he exceeds his authority or uses unnecessary severity in executing the
    same.

    ART 130. Searching domicile without witnesses

    Elements:
    1. The offender is a public officer or employee
    2. That he is armed with a search warrant legally procured
    3. That he searches the domicile, papers or other belongings of any person.
    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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