8/11/2019 Title 2 - Fundamental Laws 2007
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Title TwoCRIMES AGAINST THE FUNDAMENTAL LAWS OF
THE STATE
Arbitrary detention or expulsion, violation ofdwelling,
prohibition, interruption and dissolution ofpeaceful meetings and
crimes against religiousworship
Section One. Arbitrary detention and expulsionArticle 124.
Arbitrary detentionArticle 12. !elay in the delivery of
detainedpersons to the proper "udicial authoritiesArticle 12#.
!elaying releaseArticle 12$. %xpulsion
Section &wo. 'iolation of domicileArticle 12(. 'iolation of
domicileArticle 12). Search warrants maliciouslyobtained and abuse
in the service ofthose legally obtainedArticle 1*+. Searching
domicile withoutwitnesses
Section &hree. rohibition, interruption anddissolution of
peaceful meetings
Article 1*1. rohibition, interruption anddissolution of peaceful
meetings
Section -our. rimes against religious worshipArticle 1*2.
/nterruption of religious worshipArticle 1**. O0ending the
religious feelings
Article 124. Arbitrr! Dete"tio"
%lements
1. O0ender is a public ocer or
employee32. e detains a person3*. &he detention is without
legal
grounds.
5eaning of absence of legal grounds
1. 6o crime was committed by thedetained3
2. &here is no violent insanity of thedetained person3
and
*. &he person detained has noailment which re7uires
compulsorycon8nement in a hospital.
9hen is there detention: A person is detained
when he is placed in con8nement or there is arestraint on his
person.
&he crime of arbitrary detention can be
committed through imprudence.
/llustration &he chief of police rearrested awoman who had
been released by means of averbal order of the "ustice of the
peace. &he
accused acted without malice, but he shouldhave veri8ed the
order of release beforeproceeding to ma;e the reS vs. ?ragan@a, the
detentionwas for less than half an hour3 and in >S vs.
Agravante, the detention was only for one hour.
R#le 112 Sec. $When warrant of arrest may issuender Art. 12, the
public ocer has
detained the o0ended party for some legalground. &he
detention is legal in the beginningbecause the person detained was
arrestedunder any of the circumstances where arrestwithout warrant
is authori@ed by law. owever,his detention becomes illegal after a
certainperiod of time because he is not delivered tothe proper
"udicial authority. /f the detention is6O& for some legal
ground, the crime isArbitrr! Dete"tio" under Art. 124.
Art. 12 does 6O& apply when the arrest is
by virtue of a warrant of arrest, in which case,the person
arrested can be detainedinde8nitely until his case is decided by
thecourt or he posts bail for his temporary release.9hy: ?ecause
there is already a case 8led
against him in court it is not necessary todeliver the person to
that court.
F!elivery to the proper "udicial authoritiesG
doesn=t consist in a physical delivery, but inma;ing an
accusation or charge or 8ling of aninformation against the person
arrested with
the corresponding court or "udge.
Froper "udicial authoritiesG means the
courts of "ustice or "udges of said courts vestedwith "udicial
power to order the temporarydetention or con8nement of a person
chargedwith having committed a public o0ense.
ircumstances considered in determining
liability of ocer detaining a person beyondlegal period
- means of communication- hour of arrest- other circumstances
such as
time of surrender and thematerial possibility for the8scal to
ma;e the investigationand 8le in time the necessaryinformation
/llustration 9hen A was arrested for directassault, punishable
by a correctional penalty,on the evening of Hune 1$, the complaint
couldnot normally be 8led earlier than ( a.m. of Hune1( because
gov=t oces open for businessusually at (++ and close at ++ p.m.
&he illegality of detention is not cured by the
8ling of the information in court because aviolation of this
article had already beencommitted before the information was
8led.
R#le 112 Sec. /
When accused lawfully arrested without a warrant
I ?efore the complaint or information is 8led, theperson
arrested Jwithout a warrantK may as; for apreliminary investigation
in accordance with thisDule, but he must sign a waiver of the
provisions ofArt. 12 of the D, in the presence of his
counsel.6otwithstanding the waiver, he may apply for bailand the
investigation must be terminated within 1days from its
inception.
RE+ULIC ACT NO. /4%A" Act De3"i"0 Certi" Ri0't, O)
+er,o"Arre,te* Deti"e* Or U"*er C#,to*il
I"(e,ti0tio" A, Well A, T'e D#tie, O) T'e
Arre,ti"0 Deti"i"0 A"* I"(e,ti0ti"0 O5cer,A"* +ro(i*i"0 +e"ltie,
For 6ioltio", T'ereo).
W'o re -#"i,'ble7
1. Any arresting public ocer of employee, or anyinvestigating
ocer, who )il, to i")or8any personarrested, detained or under
custodial investigation ofhis right to remain silent and to have
competent andindependent counsel preferably of his own choice
2. An ocer or employee or anyone acting uponorders of such
investigating ocer or in his place,who )il, to -ro(i*ea competent
and independentcounsel to a person arrested, detained or
undercustodial investigation for the commission of ano0ense if the
latter cannot a0ord the services of hisown counsel.
*. Any person who obstruct, persons or -ro'ibit,any lawyer, any
member of the immediate family ofa person arrested, detained or
under custodialinvestigation, or any medical doctor or priest
orreligious minister chosen by him or by any memberof his immediate
family or by his counsel, from(i,iti"0 and conferring privately
with him, of fromexamining and treating him, or from ministering
tohis spiritual needs, at any hour of the day or, inurgent cases,
of the night
Article 12$. Del!i"0 Rele,e
Acts punished
1. !elaying the performance of a "udicialor executive order for
the release of aprisoner3
2. >nduly delaying the service of thenotice of such order to
said prisoner3
C2005 Criminal Law 2 Reviewer#0
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