Article 124. Arbitrary detention.

- Any public officer or Legal grounds for the detention of any person: Plain View Doctrine – objects in the “plain view” of an
employee who, without legal grounds, detains a person, 1. The commission of a crime; officer who has the right to be in the position to have that
shall suffer: 2. Violent insanity or any other ailment requiring view are subject to seizure and may be presented as
the compulsory confinement of the patient in a evidence.
1. The penalty of arresto mayor in its maximum hospital.
period to prision correccional in its minimum Elements under plain view doctrine:
period, if the detention has not exceeded three Arrest without warrant – when lawful: 1. A prior valid intrusion based on the valid
days; 1. When in his presence, the person to be arrested warrantless arrest in which the police are legally
has committed, is actually committing, or is present in the pursuit of their official duties;
2. The penalty of prision correccional in its attempting to commit an offense; 2. The evidence was inadvertently discovered by
medium and maximum periods, if the detention 2. When an officer has in fact just been committed, the police who have the right to be where they
has continued more than three but not more and he has probable cause to believe based on are;
than fifteen days; personal knowledge of facts and circumstances 3. The evidence must be immediately apparent;
that the person to be arrested has committed it; and
3. The penalty of prision mayor, if the detention and 4. “plain view” justified mere seizure of evidence
has continued for more than fifteen days but 3. When the person to be arrested is a prisoner without further search.
not more than six months; and who has escaped from a penal establishment or
place where he is serving final judgement or Personal Knowledge is required: an officer arresting a
4. That of reclusion temporal, if the detention temporarily confined while his case is pending, person who has just committed an offense must have
shall have exceeded six months. or has while being transferred from one probable cause to believe based on personal knowledge of
confinement to another. facts and circumstances that the person to be arrested has
The commission of a crime, or violent insanity or any committed it.
other ailment requiring the compulsory confinement of NOTE: a peace officer must have a warrant of arrest
the patient in a hospital, shall be considered legal properly issued by the court in order to justify an arrest. Probable Cause: is based on his personal knowledge of
grounds for the detention of any person. If there is no such warrant pf arrest, the arrest of a facts or circumstances that the person sought to be
person by a public officer may constitute arbitrary arrested has committed the crime.
Elements: detention.
1. That the offender is a public officer or employee. Requirements for a valid warrantless arrest under Sec.
2. That he detains a person. “in his presence” - is construed – when the officer sees 5(b) of Rule 113 (hot pursuit arrest)
3. That the detention is without legal grounds the offense being committed, although at a distance, or 1. The crime should have been just committed; and
hears the disturbance created there by and proceed at 2. The arresting officer’s exercise of discretion is
Detention – the actual confinement of a person in an once to the scene thereof. limited by the standard of probable cause to be
enclosure, or in any manner detaining and depriving him determined from the facts and circumstances
of his liberty. NOTE: “presence” does not only require that the within his personal knowledge. The requirement
arresting person sees the offense, but also when he of the existence of probable cause objectifies the
NOTE: the public officers liable for arbitrary detention “hears the disturbance created thereby and proceeds at reasonableness of the warrantless arrest for
must be vested with authority to detain or order the once to the scene. purposes of compliance with the constitutional
detention of persons accused of a crime, but when they mandate against unreasonable arrest.
detain a person they have no legal ground thereof. Requirements for a valid warrantless arrest under Sec.
5(a) of Rule 113 (in flagrante delicto”) NOTE: Sec. 5(b), Rule 113 of the 1985 Rule of Criminal
“detention without legal grounds”: 1. The person to be arrested must execute an overt Procedure does not require the arresting officer to
1. When he has not committed any crime or, at act indicating that he has just committed, is personally witness the commission of the offense.
least, there is no reasonable ground for actually committing, or is attempting to commit
suspicion that he has committed a crime; or a crime; and Periods of detention penalized:
2. When he is not suffering from violent insanity or 2. Such overt act is done in the presence or within 1. If the detention has not exceeded 3 days.
any other ailment requiring compulsory the view of the arresting officer. 2. If the detention has continued more than 3 days,
confinement in a hospital. but not more than 15 days.
3. If the detention has continued more than 15
days but not more than 6 months.
 4. If the detention has exceeded 6 months. the supreme court and such inferior courts as may be 2. He shall be allowed, upon his request, to
established by law. communicate and confer at anytime with his
Art. 125. Delay in the delivery of detained persons to the attorney or counsel.
proper judicial authorities. - The penalties provided in the NOTE: detained person should be released when a judge NOTE: Public officer or employee is liable for preventing
next preceding article shall be imposed upon the public is not available, if the maximum hours for detention the exercise of the right of attorneys to visit and confer
officer or employee who shall detain any person for some provided under Art. 125 has already expired. with persons arrested, punishment will be arresto mayor.
legal ground and shall fail to deliver such person to the
proper judicial authorities within the period of: twelve Circumstances considered in determining liability of Reason for the provisions of Article 125:
(12) hours, for crimes or offenses punishable by light officer detaining a person beyond legal period: - Is intended to prevent any abuse resulting from
penalties, or their equivalent; eighteen (18) hours, for 1. The means of communication as well as; confining a person without informing him of his
crimes or offenses punishable by correctional penalties, 2. The hour of arrest; and offense and without permitting him to go on bail.
or their equivalent; and thirty-six (36) hours, for crimes or 3. Other circumstances such as the time of
offenses punishable by afflictive or capital penalties, or surrender and the material possibility for the Art. 124 distinguished from Art. 125:
their equivalent. fiscal to make the investigation and file in time - In arbitrary detention under Art. 124, the
the necessary information. detention is illegal at the beginning; in Art. 125,
In every case, the person detained shall be the detention is legal at the beginning but the
informed of the cause of his detention and shall be NOTE: “non-office” days should not be included in the illegality of the detention starts from the
allowed upon his request, to communicate and confer at computation of the period prescribed by law for the filing expiration of any of the periods of time prescribe
any time with his attorney or counsel.(As amended by EO of complaint/information in courts. under Art. 125., without the prisoner detained
No. 272, prom. July 25, 1987.) having been delivered to the proper judicial
NOTE: Violation of Art. 125 does not affect legality of authority.
Elements: confinement under process issued by a court. It is not
1. That the offender is a public officer or employee; also considered as one of the grounds on which one can DETENTION UNDER R.A. 11479
2. That he has detained a person for some legal predicate a motion to quash the information under Rule
ground; 113, Sec. 2 of the Rules of Court. The time period for delivery of detained persons
3. That he fails to deliver such person to the proper prescribes in Article 125 does not apply to suspected
judicial authorities within: NOTE: the illegality of detention is not cured by the filing terrorist who are detained under R.A. 11479
a. 12 hours, for crimes or offenses punishable of information in court.
by the light penalties, or their equivalent; or Following can be detained for 14 calendar days without
b. 18 hours, for crimes or offenses punishable NOTE: Fiscal officer is not liable if he does not file the the law enforcement agent or military personnel:
by correctional penalties, or their information within the period of 6 hours as prescribed by 1. Terrorism
equivalent; or law, when the arresting officer continues holding the 2. Threat to Commit Terrorism
c. 36 hours, for crimes or offenses punishable prisoner beyond the 6 hour (9 or 18 hour) period he is not 3. Planning, Training, Preparing and Facilitating the
by afflictive or capital penalties, or their responsible for violating Art. 125. However, only the Commission of Terrorism
equivalent. arresting officer will be responsible. Unless the fiscal 4. Conspiracy to Commit Terrorism
officer has ordered or induced the arresting officer to 5. Proposal to Commit Terrorism
NOTE: A private individual who makes a lawful arrest hold and not release the prisoner after the expiration of 6. Recruitment to and Membership in a Terrorism
must also comply with the requirements in Art. 125. if he said period. Organization
fails the crime is illegal detention not arbitrary detention 7. Foreign Terrorism
for the private person. Remedy where warrant improperly issue 8. Providing Material Support to Terrorists
- Is to set aside the warrant of arrest and order
NOTE: Art. 125 applies only when the arrest is made the discharge of the accused, but without Period of detention may be extended to a maximum
without a warrant of arrest. But the arrest mut be lawful. enjoining the municipal judge from conducting a period of 10 calendar day if it is established that:
preliminary investigation and afterward properly 1. Further detention of the person/s is necessary to
“Proper judicial authorities”: means the courts of justice issuing a warrant of arrest. preserve evidence related to terrorism or
or judges of said courts vested with judicial power to order complete the investigation;
the temporary detention of confinement of a person Rights off the person detained: 2. Further detention of the person/s is necessary to
charged with having committed a public offense, that is, 1. He shall be informed of the cause of his prevent the commission of another terrorism;
detention; and and
 3. The investigation is being conducted properly severe pain, exhaustion, disability or dysfunction of one or consequence of the filing of said complaint or the
and without delay. more parts of the body, such as: presentation of evidence therefor.

R.A. 7438 (b) "Mental/Psychological Torture" refers to acts (c) To be accorded sufficient protection in the manner by
Right of Persons Arrested, Detained or Under Custodial committed by a person in authority or agent of a person in which he/she testifies and presents evidence in any fora in
Investigation authority which are calculated to affect or confuse the order to avoid further trauma.
mind and/or undermine a person's dignity and morale,
Custodial Instigation: involves any questioning initiated be such as: Article 126. Delaying release. - The penalties provided for
law enforcement authorities after a person is taken into in article 124 shall be imposed upon any public officer or
custody or otherwise deprived of his freedom of action in Section 6. Freedom from Torture and Other Cruel, employee who delays for the period of time specified
any significant manner. Inhuman and Degrading Treatment or Punishment, An therein the performance of any judicial or executive
Absolute Bight. - Torture and other cruel, inhuman and order for the release of a prisoner or detention prisoner,
The rules on custodial investigation begin to operate as degrading treatment or punishment as criminal acts shall or unduly delays the service of the notice of such order to
soon as the investigation ceases to be a general inquiry apply to all circumstances. A state of war or a threat of said prisoner or the proceedings upon any petition for
into an unsolved crime and begins to focus a particular war, internal political instability, or any other public the liberation of such person.
suspect, the suspect is taken into custody, and the police emergency, or a document or any determination
carries out a process of interrogations that tends itself to comprising an "order of battle" shall not and can never be 3 acts are punishable under Art. 126.
eliciting incriminating statements that the rule begins to invoked as a justification for torture and other cruel, 1. Be delaying the performance of a judicial or
operates. inhuman and degrading treatment or punishment. executive order for the release of a prisoner.
2. By unduly delaying the service of the notice of
R.A. 9745 Section 7. Prohibited Detention. - Secret detention places, such order to said prisoner.
AN ACT PENALIZING TORTURE AND OTHER CRUEL, solitary confinement, incommunicado or other similar 3. By unduly delaying the proceedings upon any
INHUMAN AND DEGRADING TREATMENT OR forms of detention, where torture may be carried out with petition for the liberation of such person.
PUNISHMENT AND PRESCRIBING PENALTIES THEREFOR impunity. Are hereby prohibited.
Elements:
Section 3. Definitions. - For purposes of this Act, the Section 8. Applicability of the Exclusionary Rule; 1. That the offender is a public officer or employee
following terms shall mean: Exception. - Any confession, admission or statement 2. That there is a judicial pr executive order for the
obtained as a result of torture shall be inadmissible in release of a prisoner or detention prisoner, or
(a) "Torture" refers to an act by which severe pain or evidence in any proceedings, except if the same is used as that there is a proceeding upon petition for the
suffering, whether physical or mental, is intentionally evidence against a person or persons accused of liberation of such person.
inflicted on a person for such purposes as obtaining from committing torture. 3. That the offender without good reason delays:
him/her or a third person information or a confession; a. The service of the notice of such order to
punishing him/her for an act he/she or a third person has Section 9. Institutional Protection of Torture Victims and the prisoner;
committed or is suspected of having committed; or Other Persons Involved. - A victim of torture shall have b. The performance of such judicial or
intimidating or coercing him/her or a third person; or for the following rights in the institution of a criminal executive order for the release of the
any reason based on discrimination of any kind, when such complaint for torture: prisoner; or
pain or suffering is inflicted by or at the instigation of or (a) To have a prompt and an impartial investigation by the c. The proceedings upon a petition for the
with the consent or acquiescence of a person in authority CHR and by agencies of government concerned such as the release of such person.
or agent of a person in authority. It does not include pain DOJ, the PAO, the PNP, the (NBI) and the AFP. A prompt
or Buffering arising only from, inherent in or incidental to investigation shall mean a maximum period of sixty (60) NOTE: Wardens and jailers are the public officers most
lawful sanctions. working days from the time a complaint for torture is filed likely to violate Article 126.
within which an investigation report and/or resolution
Section 4. Acts of Torture. - For purposes of this Act, shall be completed and made available. An appeal
torture shall include, but not be limited to, the following: whenever available shall be resolved within the same
period prescribed herein,
(a) Physical torture is a form of treatment or punishment
inflicted by a person in authority or agent of a person in (b) To have sufficient government protection against all
authority upon another in his/her custody that causes forms of harassment; threat and/or intimidation as a
 Elements: personal property described therein and bring it before
1. That the offender is a public officer or employee the court.
Article 127. Expulsion. - The penalty of prision 2. That he is not authorized by judicial order to
correccional shall be imposed upon any public officer or enter the dwelling and/or to make a search Personal Property to be seized:
employee who, not being thereunto authorized by law, therein for papers or other effects. 1. Subject of the offense;
shall expel any person from the Philippine Islands or shall 2. Stolen or embezzled and other proceeds or fruits
compel such person to change his residence. NOTE: the officer has the right to break into a building or of the offense; or
enclosure by virtue of a warrant or without a warrant as 3. Used or intended to be used as the means of
2 acts are punishable under Art. 126: provided under Section 5 of Rule 113 committing an offense.
1. By expelling a person from the Philippines
2. By compelling a person to change his residence NOTE: A peace officer without a search warrant cannot NOTE: Requisite for issuing a search warrant is upon
lawfully enter the dwelling against the will of the owner, probable cause in connection with one specific offense to
Elements: even if he knew that someone in the dwelling is having be determined personally by the judge after
1. That the offender is a public officer or employee. unlawful possession of opium. examnination under oath or affirmation of the
2. That he expels any person from the Philippines, complainant and the witness he may produce.
or compels a person to change his residence. Circumstances qualifying the offense:
3. That the offender is not authorized to do so by 1. If the offense is committed at nighttime; or NOTE: the judge must, before issuing the warrant,
law. 2. If any papers or effects not constituting evidence personally examine in the form of searching questions
of a crime are not returned immediately after and answers, in writing and under oath, the complainant
the search made by the offender. and the witnesses he may produce on facts personally
SECTION 2 known to them.
Violation of domicile Article 129. Search warrants maliciously obtained and
abuse in the service of those legally obtained. - In NOTE: the officer after giving notice of his purpose and
Article 128. Violation of domicile. - The penalty of prision addition to the liability attaching to the offender for the authority, being refused admittance, has the right to
correccional in its minimum period shall be imposed commission of any other offense, the penalty of arresto break doors or window to effect search.
upon any public officer or employee who, not being mayor in its maximum period to prision correccional in its
authorized by judicial order, shall enter any dwelling minimum period and a fine not exceeding 1,000 pesos NOTE: Search of house, room or premise to be made in
against the will of the owner thereof, search papers or shall be imposed upon any public officer or employee presence of 2 witnesses, of sufficient age and discretion
other effects found therein without the previous consent who shall procure a search warrant without just cause, residing in the same locality.
of such owner, or having surreptitiously entered said or, having legally procured the same, shall exceed his
dwelling, and being required to leave the premises, shall authority or use unnecessary severity in executing the Validity of search warrant
refuse to do so. same. - A search warrant shall be valid for 10 days from
its date. Thereafter, is shall be void.
If the offense be committed in the nighttime, or Acts punishable in connection with search warrants:
if any papers or effects not constituting evidence of a 1. By procuring a search warrant without just NOTE: the officer seizing property under the warrant
crime be not returned immediately after the search made cause; must give a detailed receipt for the same lawful
by the offender, the penalty shall be prision correccional 2. By exceeding his authority or by using occupant, whose presence the search and seizure were
in its medium and maximum periods. unnecessary severity in executing a search made, or if absence of lawful occupant, must, in the
warrant legally procured. presence of at least 2 witnesses of sufficient age and
Acts punishable under Art. 128: discretion residing in the same locality, leave a receipt in
1. By entering any dwelling against the will of the Elements of procuring a search warrant without just the place in which he found the seized property.
owner thereof; or cause:
2. By searching papers or other effects found 1. That the offender is a public officer or employee; Probable Cause for search: is defined as such facts
therein without the previous consent of such 2. That he procured a search warrant; circumstances which would lead a reasonably discreet and
power; or 3. That there is no just cause. prudent man to believe that an offense has been
3. By refusing to leave the premises, after having committed and that the object sought in connection with
surreptitiously entered said dwelling and after Search Warrant: is an order in writing issued in the name the offense are in the place sought to be searched.
having been required to leave the same. of the People of the Philippines, signed by a judge and
directed to a peace officer, commanding him to search for
When is a search warrant said to have been procured family, or in their default, without the presence of two 2. By hindering any person from joining any lawful
without just cause? witnesses residing in the same locality. association or from attempting any of its
- When it appears on th efface of the affidavits file meetings.
in support of the application thereof, or through Elements: 3. By prohibiting or hindering any person from
other evidence, that the applicant had every 1. That the offender is a public officer or employee; addressing, either alone or together with others,
reason to believe that the search warrant sought 2. The he is armed with search warrant legally any petition to the authorities for correction of
for was unjustified. procured; abuses or redress of grievances.
3. That he searches the domicile, papers or other
NOTE: Evidence obtained in violation of Section 2 and 3 belongings of any person. Elements common to the 3 acts punishable:
(formerly Sec. 3 and 4) of Art. III (formerly Art. IV) of the 4. That the owner, or any member of his family, or 1. That the offender is a public officer or employee;
1987 Constitution is not admissible for any purpose in two witnesses residing in the same locality are and
any proceeding. not present. 2. That he performs any of the acts mentioned.

Section 2. The right of the people to be secure in their “in cases where a search is proper”: means that the public NOTE: a private individual cannot commit this crime.
persons, houses, papers, and effects against officer at the time of the search is armed with a search
unreasonable searches and seizures of whatever nature warrant legally procured. NOTE: to commit the crime in Art. 131, the public officer
and for any purpose shall be inviolable, and no search must act without legal ground
warrant or warrant of arrest shall issue except upon NOTE: Search without warrant under the Tariff and 1. The meeting must be peaceful; and
probable cause to be determined personally by the judge Customs Code does not include a dwelling house 2. There is no legal ground for prohibiting, or
after examination under oath or affirmation of the interrupting or dissolving the meeting.
complainant and the witnesses he may produce, and
particularly describing the place to be searched and the SECTION 3 NOTE: Right to peaceful meeting is not absolute, for it
persons or things to be seized. Prohibition, interruption, and dissolution of peaceful may be regulated in order that it may not be “injurious to
meetings the equal enjoyment of others having equal rights, nor
Section 3. (1) The privacy of communication and injurious to the right of the community or society,” and
correspondence shall be inviolable except upon lawful Article 131. Prohibition, interruption, and dissolution of this power may be exercised under the “police power” of
order of the court, or when public safety or order peaceful meetings. - The penalty of prision correccional in the state.
requires otherwise, as prescribed by law. its minimum period shall be imposed upon any public
officer or employee who, without legal ground, shall NOTE: when the meeting to be held is not peaceful, there
(2) Any evidence obtained in violation of this or prohibit or interrupt the holding of a peaceful meeting, is legal ground for prohibiting it.
the preceding section shall be inadmissible for any or shall dissolve the same.
purpose in any proceeding.
The same penalty shall be imposed upon a SECTION 4
NOTE: Search and Seizure without warrant as an incident public officer or employee who shall hinder any person Crimes against religious worship
to a lawful arrest is legal. Ex. from joining any lawful association or from attending any
of its meetings. Article 132. Interruption of religious worship. - The
Elements of exceeding authority or using unnecessary penalty of prision correccional in its minimum period
severity in executing a search warrant legally procured: The same penalty shall be imposed upon any shall be imposed upon any public officer or employee
1. That the offender is a public officer or employee public officer or employee who shall prohibit or hinder who shall prevent or disturb the ceremonies or
2. That he has legally procured a search warrant. any person from addressing, either alone or together manifestations of any religion.
3. That he exceeds his authority or uses with others, any petition to the authorities for the
unnecessary severity in executing the same. correction of abuses or redress of grievances. If the crime shall have been committed with
violence or threats, the penalty shall be prision
Article 130. Searching domicile without witnesses. - The What are the acts punished in connection with correccional in its medium and maximum periods.
penalty of arresto mayor in its medium and maximum peaceful meetings, associations, and petitions?
periods shall be imposed upon a public officer or 1. By prohibiting or by interrupting, without legal Elements:
employee who, in cases where a search is proper, shall ground, the holding of a peaceful meeting, or by 1. That the offender is a public officer or employee
search the domicile, papers or other belongings of any dissolving the same.
person, in the absence of the latter, any member of his
 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.

Circumstances qualifying the offense: if the crime

committed with violence or threats.

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.

Elements:
1. That the acts complained of were performed (1)
in a place devoted to religious worship, or (2)
during the celebration of any religious
ceremony.
2. That the acts must be notoriously offensive to
the feelings of the faithful.

“in a place devoted to religious worship”

- It is not necessary that there is a religious
ceremony going on when the offender performs
acts notoriously offensive to the feelings of the
faithful.

Religious Ceremonies: are those religious acts performed

outside of a church, such as processions and special
prayers for burying the dead.