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Title Two

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE


Chapter One
ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING, PROHIBITION,
INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES AGAINST
RELIGIOUS WORSHIP
Section One. - Arbitrary detention and expulsion
Article 124. Arbitrary detention. - Any public officer or employee who, without legal grounds, detains
a person, shall suffer;
1. The penalty of arresto mayor in its maximum period to prision correccional in its minimum
period, if the detention has not exceeded three days;
2. The penalty of prision correccional in its medium and maximum periods, if the detention
has continued more than three but not more than fifteen days;
3. The penalty of prision mayor, if the detention has continued for more than fifteen days but
not more than six months; and
4. That of reclusion temporal, if the detention shall have exceeded six months.
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.
Article 125. Delay in the delivery of detained persons to the proper judicial authorities. - The
penalties provided in the next preceding article shall be imposed upon the public officer or employee
who shall detain any person for some legal ground and shall fail to deliver such person to the proper
judicial authorities within the period of; twelve (12) hours, for crimes or offenses punishable by light
penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional
penalties, or their equivalent and thirty-six (36) hours, for crimes, or offenses punishable by afflictive
or capital penalties, or their equivalent. In every case, the person detained shall be informed of the
cause of his detention and shall be allowed upon his request, to communicate and confer at any time
with his attorney or counsel. (As amended by E.O. Nos. 59 and 272, Nov. 7, 1986 and July 25, 1987,
respectively).
Article 126. Delaying release. - The penalties provided for in Article 124 shall be imposed upon any
public officer or employee who delays for the period of time specified therein the performance of any
judicial or executive order for the release of a prisoner or detention prisoner, or unduly delays the
service of the notice of such order to said prisoner or the proceedings upon any petition for the
liberation of such person.
Article 127. Expulsion. - The penalty of prision correccional shall be imposed upon any public officer
or employee who, not being thereunto authorized by law, shall expel any person from the Philippine
Islands or shall compel such person to change his residence.
Section Two. - Violation of domicile
Article 128. Violation of domicile. - The penalty of prision correccional in its minimum period shall be
imposed upon any public officer or employee who, not being authorized by judicial order, shall enter
any dwelling against the will of the owner thereof, search papers or other effects found therein
without the previous consent of such owner, or having surreptitiously entered said dwelling, and
being required to leave the premises, shall refuse to do so.
If the offense be committed in the night-time, or if any papers or effects not constituting evidence of a
crime be not returned immediately after the search made by the offender, the penalty shall be prision
correccional in its medium and maximum periods.
Article 129. Search warrants maliciously obtained and abuse in the service of those legally
obtained. - In addition to the liability attaching to the offender for the commission of any offense, the
penalty of arresto mayor in its maximum period to prisión correccional in its minimum period and a
fine not exceeding (₱200,000) shall be imposed upon any public officer or employee who shall
procure a search warrant without just cause, or, having legally procured the same, shall exceed his
authority or use unnecessary severity in executing the same
Article 130. Searching domicile without witnesses. - The penalty of arresto mayor in its medium and
maximum periods shall be imposed upon a public officer or employee who, in cases where a search
is proper, shall search the domicile, papers or other belongings of any person, in the absence of the
latter, any member of his family, or in their default, without the presence of two witnesses residing in
the same locality.
Section Three. - Prohibition, interruption and dissolution of peaceful meetings
Article 131. Prohibition, interruption and dissolution of peaceful meetings. - The penalty of prision
correccional in its minimum period shall be imposed upon any public officer or employee who,
without legal ground, shall prohibit or interrupt the holding of a peaceful meeting, or shall dissolve
the same.
The same penalty shall be imposed upon a public officer or employee who shall hinder any person
from joining any lawful association or from attending any of its meetings.
The same penalty shall be imposed upon any public officer or employee who shall prohibit or hinder
any person from addressing, either alone or together with others, any petition to the authorities for
the correction of abuses or redress of grievances.
Section Four. - Crimes against religious worship
Article 132. Interruption of religious worship. - The penalty of prision correccional in its minimum
period shall be imposed upon any public officer or employee who shall prevent or disturb the
ceremonies or manifestations of any religion.
If the crime shall have been committed with violence or threats, the penalty shall be prision
correccional in its medium and maximum periods.
Article 133. Offending the religious feelings. - The penalty of arresto mayor in its maximum period to
prision correccional in its minimum period shall be imposed upon anyone who, in a place devoted to
religious worship or during the celebration of any religious ceremony shall perform acts notoriously
offensive to the feelings of the faithful.

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