Title-2-crim-law-ii-notes.docx

1 Title Two CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE Section 1 Section One. — Arbitrary detention and expulsion Classes of arbitrary detention: (1) Arbitrary detention by detaining a person without legal ground. (Art. 124) (2) Delay in the delivery of detained persons to the proper judicial authorities. (Art. 125) (3) Delaying release. (Art. 126) Felonies & Terms

Art. 124. Arbitrary detention. (1. Detention is the actual confinement of a person in an enclosure, or in any manner detaining and depriving him of his liberty. 2. A person is detained when he is placed in confinement or there is a restraint on his person.)

Elements 1. That the offender is a public officer or employee. 2. That he detains a person. 3. That the detention is without legal grounds. (a) when he has not committed any crime or, at least, there is no reasonable ground for suspicion that he has committed a crime, or (b) when he is not suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital.

Annotations (from the Book of Reyes) and Other Notes A. Even if the persons detained could move freely in and out of their prison cell and could take their meals outside the prison, nevertheless, if they were under the surveillance of the guards and they could not escape for fear of being apprehended again, there would still be arbitrary detention. B. The following are legal grounds for the detention of any person: (a) The commission of a crime; (b) Violent insanity or any other ailment requiring the compulsory confinement of the patient in a hospital. (Art. 124, par. 2) C. Arrest without warrant is the usual cause of arbitrary detention. A peace officer or a private person may, without a warrant, arrest a person: 1. In flagrante delicto – The person to be arrested has either committed, is actually committing, or is about to commit an offense in the presence of the arresting officer. 2. Hot Pursuit – When an offense has in fact just been committed and the arresting officer has probable cause to believe, based on personal knowledge of the facts and circumstances indicating, that the person to be arrested has committed it.

Offender Public officer or employee (Such public officers are the policemen and other agents of the law, the judges or mayors, barangay captain and a municipal councilor) [Note: If the offender is a private person, the crime is illegal detention.

But private individuals who conspired with public officers in detaining certain policemen are guilty of 4. Waiver – When the right is waived by the person arrested, provided he knew of arbitrary such right and knowingly decided not to invoke it. detention. (People vs. Camerino)] 3. Escaped Prisoner or Detainee – When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. (Sec. 5, Rule 113, Rules of Court)

Compiled by JCMR (2019)

Penalties (a) arresto mayor in its maximum period to prision correcccional in its minimum period (4 months and 1 day to 2 years and 4 months) -- If the detention has not exceeded 3 days. (b) prision correccional in its medium and maximum periods (2 years, 4 months and 1 day to 6 years)--If the detention has continued more than 3 days but not more than 15 days. (c) prision mayor (6 years and 1 day to 12 years)--If the detention has continued more than 15 days but not more than 6 months.

2 Felonies & Terms

Elements

Annotations (from the Book of Reyes) and Other Notes 5. Continuing offenses – A peace officer can validly conduct a warrantless arrest in crimes of rebellion, subversion, conspiracy or proposal to commit such crimes, and crimes or offenses committed in furtherance thereof, or in connection therewith constitute direct assaults against the State, which are in the nature of continuing crimes. Since rebellion is a continuing offense, a rebel may be arrested at any time, with or without a warrant, as he is deemed to be in the act of committing the offense at any time of the day or night. (Umil v. Ramos, 187 SCRA 311) In his presence: When the officer sees the offense being committed, although at a distance, or hears the disturbance created thereby and proceeds at once to the scene thereof, or when the offense is continuing or has not been consummated at the time the arrest is made, the offense is said to be committed in his presence. Personal knowledge is required. Under Sec. 5, Rule 113 of the Revised Rules of Criminal Procedure, an officer arresting a person who has just committed an offense must have probable cause (which means an actual belief or reasonable grounds of suspicion) to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed it. Probable cause may also be defined as such facts and circumstances which could lead a reasonable discreet and prudent man to believe that an offense has been committed and that the object sought in connection with the offense are in the place sought to be searched. Other Notes: (a) The legality of the detention of a person does not depend upon the actual commission of a crime by him, but upon the nature of his deed when its characterization as a crime may reasonably be inferred by the officer to whom the law at the moment leaves the decision for the urgent purpose of suspending the liberty of that person. (U.S. vs. Sanchez, 27 Phil. 442) (b) No reasonable ground if officer only wants to know the commission of crime. (c) The crime of arbitrary detention can be committed through imprudence. (d) That a police officer can make an arrest on mere complaint of the offended party is a debatable question. Held: The arrest and detention of Benigno Aranzanso for the purpose of identifying his person, were justified, since according to the acting chief of police reasonable grounds existed for believing in the existence of a crime and suspicion pointed to that individual. (U.S. vs. Sanchez)

Compiled by JCMR (2019)

Offender

Penalties (d) reclusion temporal (12 years and 1 day to 20 years ) --If the detention has exceeded 6 months. In the case of U.S. vs. Braganza, 10 Phil. 79, a councilor and a barrio lieutenant were convicted of arbitrary detention, even if the offended party was detained for less than half an hour

3 Felonies & Terms

Elements

Annotations (from the Book of Reyes) and Other Notes Held: A police officer has no authority to arrest and detain a person charged with an offense upon complaint of the offended party even though, after investigation, he becomes convinced that the accused is guilty of the offense charged.

Offender

Penalties

What the complainant may do in such case is to file a complaint with the city fiscal or directly with the justice of the peace court. (Sayo vs. Chief of Police). Art. 125. Delay in the delivery of detained persons to the proper judicial authorities.

(The term "judicial authorities" means 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, that is, the "Supreme Court and such inferior courts as may be established by law.")

1. That the offender is a public officer or employee. 2. That he has detained a person for some legal ground. 3. That he fails to deliver such person to the proper judicial authorities within:

a. twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent; or b. eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent; or c. thirty-six (36) hours, for crimes or offenses punishable by afflictive or capital penalties, or their equivalent.

A. A private individual who makes a lawful arrest must also comply with the requirements prescribed in Art. 125. If he fails to do so, he shall be guilty of illegal detention (Art. 267 or Art. 268), not arbitrary detention. B. The detention is legal in the beginning, because the person detained was arrested under any of the circumstances where arrest without warrant is authorized by law. C. Art. 125 does not apply when the arrest is by virtue of a warrant of arrest. The person arrested can be detained indefinitely until his case is decided by the court or he posts a bail for his temporary release. Reason: There is already a complaint or information filed against him with the court which issued the order or warrant of arrest and it is not necessary to deliver the person thus arrested to that court. D. Disposition of person arrested without a warrant. In cases falling under paragraphs (a), fragrante delicto, and (b), hot pursuit, of Section 5, Article 113, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail, and he shall be proceeded against in accordance with Rule 112, Section 6. (Sec. 5, Rule 113, Revised Rules of Criminal Procedure) Section 6, Rule 112 of the Revised Rules of Criminal Procedure states that: "When a person is lawfully arrested without a warrant involving an offense which requires a preliminary investigation, the complaint or information may be filed by a prosecutor without need of such investigation provided an inquest has been conducted in accordance with existing Rules. In the absence or unavailability of an inquest prosecutor, the complaint may be filed by the offended party or a peace officer directly with the proper court on the basis of the affidavit of the offended party or arresting officer or person." E. Proper Judicial Authorities. Duty of detaining officer is deemed complied with not in a physical delivery but upon the making an accusation or charge or filing of an information against the person arrested with the corresponding court or judge. The judge acquires jurisdiction to issue an order of release or of commitment of the prisoner.

Compiled by JCMR (2019)

Public officer or employee (Note: If the offender is a private person, the crime is illegal detention.)

The penalties provided in Article 124

4 Felonies & Terms

Elements

Annotations (from the Book of Reyes) and Other Notes F.

The judicial authorities mentioned in Section 125 of the Revised Penal Code cannot be considered to include the fiscal of the City of Manila or any other city, because they cannot issue a warrant of arrest or of commitment for temporary confinement of a person surrendered to legalize the detention of the person arrested without warrant. (Sayo vs. Chief of Police)

G. Detained person should be released when a judge is not available if the maximum hours for detention under Article 125 of the RPC has already expired. Failure to cause the release may result in an offense under Art. 125. H. Rights of the person detained: 1. He shall be informed of the cause of his detention; and 2. He shall be allowed, upon his request, to communicate and confer at anytime with his attorney or counsel. (Art. 125, par. 2) (Note: Public officer or employee is liable for preventing the exercise of the right of attorneys to visit and confer with persons arrested.) A. Waiver of the provisions of Art. 125. Before the complaint or information is filed, the person arrested may ask for a preliminary investigation in accordance with this Rule, but he must sign a waiver of the provisions of Article 125 of the Revised Penal Code, as amended, in the presence of his counsel. B. Circumstances considered in determining liability of officer detaining a person beyond legal period: (1) the means of communication as well as (2) the hour of arrest and (3) other circumstances such as the time of surrender and the material possibility for the fiscal to make the investigation and file in time the necessary information Other Notes: (a) Violation of Art. 125 does not affect legality of confinement under process issued by a court (because of the warrant subsequently issued). (b) The illegality of detention is not cured by the filing of the information in court. (c) The fiscal is not liable, unless he ordered detention or induced the arresting officer to hold and not release the prisoner after the expiration of said period. (Sayo vs. Chief of Police of Manila, 80 Phil. 863) (d) Article 125 of the Revised Penal Code is intended to prevent any abuse resulting from confining a person without informing him of his offense and without permitting him to go on bail. (Laurel vs. Misa, 76 Phil. 372)

Compiled by JCMR (2019)

Offender

Penalties

5 Felonies & Terms

Elements

Annotations (from the Book of Reyes) and Other Notes Art. 125 distinguished from Art. 124

Offender

In arbitrary detention under Art. 124, the detention is illegal from the beginning; in arbitrary detention under Art. 125, the detention is legal in the beginning but the illegality of the detention starts from the expiration of any of the periods of time specified in Art. 125, without the detained prisoner detained having been delivered to the proper judicial authority. A. A person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall be delivered to the proper judicial authority within a period of three days counted from the moment the said charged or suspected person has been apprehended or arrested, detained, and taken into custody.

DETENTION UNDER REPUBLIC ACT No. 9372.

Penalties

10 years and 1 day to 12 years imprisonment for failure to notify the judge

B. Before a suspected terrorist is detained, a judge must be notified at his residence or office nearest the place where the arrest took place at any time of the day or night. C. In the event of an actual or imminent terrorist attack, suspects may not be detained for more than 3 days without the written approval of a municipal, city, provincial or regional official of a Human Rights Commission or judge of the municipal, regional trial court, the Sandiganbayan or a Justice of the Court of Appeals nearest the place of the arrest. Art. 126. Delaying release

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 a proceeding upon a petition for the liberation of such person.

A. Example of delaying release For failure to prosecute, because the witness of the prosecution did not appear, the case was dismissed and the justice of the peace gave an order to release the accused. The jailer refused to release the accused, notwithstanding that order of release, until after several days.

3. That the offender without good reason delays (acts punishable): (a) the service of the notice of such order to the prisoner, or (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.

Compiled by JCMR (2019)

Public officer or employee (Wardens and jailers are the public officers most likely to violate Art. 126.)

The penalties provided in Article 124

6 Felonies & Terms

Art. 127. Expulsion.

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 (acts punishable). 3. That the offender is not authorized to do so by law.

Annotations (from the Book of Reyes) and Other Notes A. Only the court by a final judgment can order a person to change his residence. (e.g. ejectment proceedings, expropriation proceedings and in the penalty of destierro.)

Offender

Penalties prision correccional-6 months and 1 day to 6 years

Offender Public officer or employee

Penalties A. prision correccional minimum period (6 months and 1 day to 2 years and 4 months)

B. Case: Hence, the Mayor and the Chief of Police of Manila cannot force the prostitutes residing in that City to go to and live in Davao against their will, there being no law that authorizes them to do so. These women, despite their being in a sense, lepers of society, are nevertheless not chattels, but Philippine citizens, protected by the same constitutional guarantees as are other citizens. (Villavicencio, et al. vs. Lukban, et al.)

Section Two. — Violation of domicile The crimes known as violation of domicile are: 1. Violation of domicile by entering a dwelling against the will of the owner thereof or making search without previous consent of the owner. (Art. 128) 2. Search warrants maliciously obtained and abuse in the service of those legally obtained. (Art. 129) 3. Searching domicile without witnesses. (Art. 130) Felonies & Terms

Art. 128. Violation of domicile Meaning of "search" in this article.

Elements 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 three acts:

Annotations (from the Book of Reyes) and Other Notes A. A public officer or employee is authorized by judicial order when he is armed with a search warrant duly issued by the court.

B. "Against the will of owner." The entrance by the public officer or employee must be (If a private opposed or prohibited by the owner expressly or impliedly. If the entrance by the public individual, the officer or employee is only without the consent of the owner of the dwelling, the crime crime is not committed. committed is trespass to dwelling.) C. Right of officer to break into building or enclosure. An officer, in order to make an arrest either by virtue of a warrant, or without a warrant as provided in section 5, may break into any building or enclosure where the person to be arrested is or is reasonably believed to be, if he is refused admittance thereto, after announcing his authority and purpose. (Sec. 11, Rule 113, Revised Rules of Criminal Procedure)

a. That the offender is a public D. A peace officer without search warrant cannot lawfully enter the dwelling against the will of the owner, even if he knew that someone in the dwelling is having unlawful officer or employee. possession of opium. b. That he is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers or other effects.

Compiled by JCMR (2019)

B. prision correccional in its medium and maximum periods— with qualifying circumstance—( 2 years, 4 months and 1 day to 6 years)

7 Felonies & Terms

Elements Circumstances qualifying the offense: (1) If the offense is committed at nighttime; or (2) If any papers or effects not constituting evidence of a crime are not returned immediately after the search made by the offender.

Annotations (from the Book of Reyes) and Other Notes E. It was held that the fact of looking at what was in the sala and the kitchen of the house to see if the pen knife was there, cannot be strictly considered as the search of papers and other effects punished by Art. 128. (People vs. Ella, et al.,)

Offender

Penalties

But when the owner of the house had objected to the intended entrance of and search by a barrio lieutenant who entered and proceeded to search the house, inspecting some jars and baskets therein found, there was a violation of domicile. (U.S. vs. Macaspac) F. "Papers or other effects found therein." Art. 128 is not applicable when a public officer searched a person outside his dwelling without search warrant and such person is not legally arrested for an offense, because the papers or other effects mentioned in Art. 128 must be found in the dwelling. G. "Having surreptitiously entered said dwelling." This is probably an instance where a public officer or employee may commit violation of domicile even if the entrance is only without the consent of its owner; that is, the offender surreptitiously entered the dwelling.

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

A. Personal property to be seized. Acts punishable in connection with search warrants. 1. By procuring a search warrant without just cause. Elements: a. That the offender is a public officer or employee. b. That he procures a search warrant. c. That there is no just cause.

A search warrant may be issued for the search and seizure of the following personal property: (a) Subject of the offense; (b) Stolen or embezzled and other proceeds or fruits of the offense; or (c) Used or intended to be used as the means of committing an offense. (Sec. 3, Rule 126, Revised Rules of Criminal Procedure) B. Requisites for issuing search warrant. A search warrant shall not issue except upon probable cause in connection with one specific offense to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the things to be seized which may be anywhere in the Philippines. (Sec. 4, Rule 126, Revised Rules of Criminal Procedure) (See also Sec. 3 Art. 2 of the 1987 Constitution) C. Right to break door or window to effect search. The officer, if refused admittance to the place of directed search after giving notice of his purpose and authority, may break open any outer or inner door or window of a house or any part of a house or anything therein to execute the warrant or liberate himself or any person lawfully aiding him when unlawfully detained therein. (Sec. 7, Rule 126, Revised Rules of Criminal Procedure)

Compiled by JCMR (2019)

A. arresto mayor in its maximum period to prision correccional in its minimum period (4 months and 1 day to 2 years and 4 months) B. and a fine not exceeding 200,000 pesos (as amended by RA 10951)

8 Felonies & Terms

A search warrant is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court. (Sec. 1, Rule 126, Revised Rules of Criminal Procedure)

Elements 2. By exceeding his authority or by using unnecessary severity in executing a search warrant legally procured. Elements: a. That the offender is a public officer or employee. b. That he has legally procured a search warrant. c. That he exceeds his authority or uses unnecessary severity in executing the same.

Annotations (from the Book of Reyes) and Other Notes D. Search of house, room or premise to be made in presence of two witnesses. No search of a house, room or any other premises shall be made except in the presence of the lawful occupant thereof or any member of his family or in the absence of the latter, in the presence of two witnesses of sufficient age and discretion residing in the same locality. (Sec. 8, Rule 126, Revised Rules of Criminal Procedure) E. Validity of search warrant. A search warrant shall be valid for ten (10) days from its date. Thereafter, it shall be void. (Sec. 10, Rule 126, Revised Rules of Criminal Procedure)

F. A receipt for the property seized. The officer seizing property under the warrant must give a detailed receipt for the same to the lawful occupant of the premises in whose presence the search and seizure were made, or in the absence of such occupant, must, in the presence of at least two witnesses of sufficient age and discretion residing in the same locality, leave a receipt in the place in which he found the seized property. (Sec. 11, Rule 126, Revised Rules of Criminal Procedure) G. Probable cause, defined. Probable cause for a search is defined as such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the object sought in connection with the offense are in the place sought to be searched. (Burgos vs. Chief of Staff) H. Test of lack of just cause. The true test of lack of just cause is whether the affidavit filed in support of the application for search warrant has been drawn in such a manner that perjury could be charged thereon and affiant be held liable for damages caused. The oath required must refer to the truth of the facts within the personal knowledge of the applicant for search warrant or his witnesses, not of the facts "reported to me by a person whom I consider to be reliable." (Alvarez vs. Court) I. "In addition to the liability attaching to the offender for the commission of any other offense." It will be noted that in view of the phrase quoted, even if the crime of perjury was a necessary means for committing the crime of search warrant maliciously obtained, they cannot form a complex crime. They are separate and distinct crimes, to be punished with their respective penalties.

Compiled by JCMR (2019)

Offender

Penalties

9 Felonies & Terms

Elements

Annotations (from the Book of Reyes) and Other Notes J. Evidence obtained in violation of Sections 2 (seizures of papers or effects during search) and 3 (privacy of communication and correspondence) of Article III of the 1987 Constitution is not admissible for any purpose in any proceeding.

K. Instances of a valid warrantless search

1. Visual search is made of moving vehicles at checkpoints 2. Search is an incident to a valid arrest NOTE: An officer making an arrest may take from the person: a. Any money or property found upon his person which was used in the commission of the offense b. Was the fruit thereof c. Which might furnish the prisoner with the means of committing violence or escaping d. Which might be used as evidence in the trial of the case 3. Search of passengers made in airports 4. When things seized are within plain view of a searching party (Plain View Doctrine) 5. Stop and frisk (precedes an arrest and is a limited protective search of outer clothing for weapons.) 6. When there is a valid express waiver made voluntarily and intelligently [NOTE: Waiver is limited only to the arrest and does not extend to search made as an incident thereto, or to any subsequent seizure of evidence found in the search. (People v. Peralta, G.R. 145176, March 30, 2004) NOTE: Silence of the owner of the dwelling before and during the search, without search warrant, by a public officer, may show implied waiver.] 7. Customs search of vessels without a search warrant 8. Exigent and emergency circumstances. (People v. De Gracia, 233 SCRA 716)

Compiled by JCMR (2019)

Offender

Penalties

10 Felonies & Terms

Elements

2. By exceeding his authority or by using unnecessary severity in executing a search warrant legally procured. Elements: a. That the offender is a public officer or employee. b. That he has legally procured a search warrant. c. That he exceeds his authority or uses unnecessary severity in executing the same.

Art. 130. Searching domicile without witnesses.

1. That the offender is a public officer or employee. 2. That he is armed with 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.

Annotations (from the Book of Reyes) and Other Notes L. Peace officers may enter the house of an offender who committed an offense in their presence, provided the unlawful conduct is such as to affect the public peace. (U.S. vs. Vallejo) A. Example of exceeding authority in executing search warrant

Offender

Penalties

Public officer or employee

arresto mayor in its medium and maximum periods (2 months and 1 day to 6 months)

If the public officer, in executing a search warrant for opium, seized books, personal letters, and other property having a remote or no connection with opium, even if he believed or suspected that they had some relation with opium, such public officer may be held liable under Art. 129. (Uy Kheytin, et al. vs. Villareal, et al, 42 Phil. 886) But the possession of contraband articles, like firearm without license, is a flagrant violation of the law and the contraband can be seized without a writ. (Magoncia vs. Palacio, 80 Phil. 770) B. Example of using unnecessary severity in executing search warrant If in searching a house, the public officer destroys furniture therein without any justification at all, he is guilty under Article 129, as having used unnecessary severity in executing the search warrant. A. "Shall search the domicile, papers, or other belongings of any person." The word "search" means "to go over or look through for the purpose of finding something; to examine." The public officers may examine the papers for the purpose of finding in those papers something against their owner; or his other belongings for the same purpose. B. NOTE: Art. 130 does not apply to searches of vehicles or other means of transportation, because the searches are not made in the dwelling. C. Search without warrant under the Tariff and Customs Code does not include a dwelling house.

Compiled by JCMR (2019)

11 Section Three. — Prohibition, interruption, and dissolution of peaceful meetings

Felonies & Terms

Art. 131. Prohibition, interruption, and dissolution of peaceful meetings.

Elements 1. That the offender is a public officer or employee; 2. That he performs any of the acts below:

Annotations (from the Book of Reyes) and Other Notes A. To commit the crime defined in the first paragraph of Art. 131: (1) the meeting must be peaceful, and (2) there is no legal ground for prohibiting, or interrupting or dissolving that meeting.

B. Right to freedom of speech and to peacefully assemble is not absolute a. prohibiting or interrupting, without legal ground, the It may be regulated in order that it may not be "injurious to the equal enjoyment of holding of a peaceful others having equal rights, nor injurious to the right of the community or society," meeting, or dissolving the and this power may be exercised under the "police power" of the state, which is the same. power to prescribe regulations to promote the good order or safety and general welfare b. hindering any person from of the people. joining any lawful association or from C. When the meeting to be held is not peaceful, there is legal ground for prohibiting it. attending any of its meetings. Other Points: C. prohibiting or hindering any person from addressing, (a) There is no legal ground to prohibit the holding of a meeting when the danger either alone or together with apprehended is not imminent and the evil to be prevented is not a serious one. others, any petition to the authorities for the correction (b) Interrupting and dissolving a meeting which is not peaceful is proper. of abuses or redress of grievances. (c) Interrupting and dissolving the meeting of municipal council by a public officer is a crime against a legislative body, not punished under Art. 131 but of Act No. 1755. (d) The person talking on prohibited subject at public meeting contrary to agreement that no speaker should touch on politics may be stopped. (e) But stopping the speaker who was attacking certain churches in public meeting is a violation of Art. 131.

Compiled by JCMR (2019)

Offender Public officer or employee NOTE: The offender must be a stranger, not a participant, in the peaceful meeting. (If the offender is a private individual, the crime is disturbance of public order defined in Art. 153.)

Penalties The penalty of prision correccional in its minimum period (6 months and 1 day to 2 years and 4 months)

12 Section Four. — Crimes against religious worship The crimes against religious worship are: 1. Interruption of religious worship. (Art. 132) 2. Offending the religious feelings. (Art. 133) Felonies & Terms

Art. 132. Interruption of religious worship.

Art. 133. Offending the religious feelings. Religious ceremonies are those religious acts performed outside of a church, such as processions and special prayers for burying dead persons. (Albert)

Elements 1. That the offender is a public officer or employee. 2. That religious ceremonies or manifestations of any religion are about to take place or are going on. 3. That the offender prevents or disturbs the same.

Note: Circumstances qualifying the offense: If the crime is committed with violence or threats. 1. That the acts complained of were performed: (a) in a place devoted to religious worship, or (b) during the celebration of any religious ceremony.

Annotations (from the Book of Reyes) and Other Notes A. Preventing a religious ceremony that is to take place is a violation of a violation of Art. 132 B. Reading of Bible and then attacking certain churches in a public plaza is not a ceremony or manifestation of a religion, but only a meeting of a religious sect which is not a violation of Article 132, but of Article 131. C. But the reading of some verses out of the Bible in a private house by a group of 10 to 20 persons, adherents of the Methodist Church, is a religious service.

A. It would seem that in the phrase "in a place devoted to religious worship," it is not necessary that there is a religious ceremony going on. B. The phrase "during the celebration" is separated by the word "or" from the phrase "place devoted to religious worship," which indicates that the "religious ceremony" need not be celebrated in a place of worship. C. "Acts notoriously offensive to the feelings of the faithful."

2. That the acts must be notoriously offensive to the feelings of the faithful.

Offender Any person

The acts must be directed against religious practice or dogma or ritual for the purpose of ridicule, as mocking or scoffing at or attempting to damage an object of religious veneration. (Viada; People vs. Baes) D. There must be deliberate intent to hurt the feelings of the faithful. In order to render defendant-appellant liable for the particular offense charged, it is indispensable that the said utterances were made when defendant-appellant was actually in the place devoted to religious worship or in a place where the religious ceremony was being celebrated. (People vs. Gesulga) E. Offense to feelings is judged from complainant's point of view.

Compiled by JCMR (2019)

Penalties A. prision correccional in its minimum period—for preventing or disturbing—(6 months and 1 day to 2 years and 4 months) B. prision correccional in its medium and maximum periods—if with violence or threats—( 2 years, 4 months and 1 day to 6 years)

Any person

arresto mayor in its maximum period to prision correccional in its minimum period (4 months and 1 day to 2 years and 4 months)