CRIMINAL LAW – REVISED PENAL CODE – BOOK TWO

Title Two: Crimes Against the Fundamental Laws of the State

This title covers offenses that violate fundamental rights and liberties guaranteed by the Constitution and other laws, particularly focusing on the preservation of individual rights against abuses of power.

Chapter I: Arbitrary Detention and Expulsion

Article 124: Arbitrary Detention

Definition: A public officer or employee detains a person without legal grounds.
Key Elements:
1. The offender is a public officer or employee.
2. The offender detains or deprives a person of liberty.
3. The detention is without legal grounds.
Penalty:
- Arresto mayor (1 day to 6 months) if detention lasts less than 3 days.
- Prision correccional (6 months and 1 day to 6 years) if detention lasts 3 to 15 days.
- Prision mayor (6 years and 1 day to 12 years) if detention exceeds 15 days.
- Reclusion temporal (12 years and 1 day to 20 years) if the person detained suffers physical injuries or dies.

Article 125: Delay in the Delivery of Detained Persons to Judicial Authorities

Definition: A public officer fails to bring a detained person before the proper judicial authorities within the time prescribed by law.
Time Limits:
- 12 hours for crimes punishable by light penalties.
- 18 hours for crimes punishable by correctional penalties.
- 36 hours for crimes punishable by afflictive penalties.
Penalty:
- Arresto mayor (1 month and 1 day to 6 months) if committed without malice.
- Prision correccional (6 months and 1 day to 6 years) if malice or neglect is proven.

Article 126: Delaying Release

Definition: A public officer delays the release of a prisoner or detainee without proper cause.
Penalty: Arresto mayor and suspension.

Article 127: Expulsion

Definition: A public officer expels or compels a person to change residence without lawful authority.
Penalty: Prision correccional (6 months and 1 day to 6 years) and a fine not exceeding ₱6,000.

Chapter II: Violation of Domicile

Article 128: Violation of Domicile

Definition: A public officer enters a dwelling against the will of the owner without legal authority or justifiable cause.
Key Forms:
1. Entering the dwelling without consent.
2. Searching without proper authorization.
3. Refusing to leave after being asked to do so.
Penalty:
- Prision correccional (6 months and 1 day to 6 years) and a fine of up to ₱6,000.
- Higher penalties if the offense is accompanied by violence.

Article 129: Search Warrants Maliciously Obtained and Abuse in the Service of a Search Warrant

Definition: A public officer maliciously secures or abuses a search warrant.
Key Elements:
1. The warrant is secured through perjury or false evidence.
2. The search is conducted unlawfully.
Penalty: Prision correccional (6 months and 1 day to 6 years) and a fine.

Article 130: Searching Domicile Without Witnesses

Definition: A public officer conducts a search without the presence of lawful witnesses required by law.
Penalty: Arresto mayor (1 month and 1 day to 6 months) and suspension.

Chapter III: Prohibition, Interruption, and Dissolution of Peaceful Meetings

Article 131: Prohibition, Interruption, and Dissolution of Peaceful Meetings

Definition: A public officer prohibits, interrupts, or dissolves peaceful assemblies without proper authority.
Penalty: Prision correccional (6 months and 1 day to 6 years) and a fine.

Article 132: Interruption of Religious Worship

Definition: A public officer prevents or disturbs religious ceremonies or acts with malice to offend a religion.
Penalty:
- Prision correccional (6 months and 1 day to 6 years).
- Higher penalties for acts accompanied by violence or threats.

Article 133: Offending Religious Feelings

Definition: A person performs offensive acts in places devoted to religious worship or during ceremonies with deliberate intent to hurt religious sentiments.
Penalty: Arresto mayor (1 month and 1 day to 6 months).

Chapter IV: Crimes Against the Right to Privacy

Article 134-A: Violation of Communication Privacy

Definition: A person intercepts or discloses private communication without lawful authority.
Penalty: Prision correccional (6 months and 1 day to 6 years) and a fine.

Important Considerations

Authority and Accountability:
- Public officers are bound by strict legal standards to avoid abuses of power.
- Even private individuals may be liable if they act in conspiracy with public officers.
Intent:
- Many of these crimes require deliberate intent (dolo) to violate the law or infringe upon fundamental rights.
Constitutional Guarantees:
- These provisions are rooted in the Bill of Rights, ensuring the protection of life, liberty, property, and privacy.
Aggravating Circumstances:
- Higher penalties may be imposed if violence, threats, or malice are present.

This overview provides a meticulous breakdown of Title Two - Crimes Against the Fundamental Laws of the State under the Revised Penal Code. The sections emphasize protecting constitutional rights and holding public officers accountable for abuses.