CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

Delay in the delivery of detained persons to the

CRIME Arbitrary Detention Delaying release Expulsion
proper judicial authorities

Violates Section 1, Article III of the 1987 Violates Section 6, Article III of the 1987 Violates Section 6, Article III of the 1987 Constitution Violates Section 6, Article III of the 1987
Constitution Constitution Constitution
Punishes any public officer or employee in those cases
Punishes any public officer or employee in Punishes any public officer or employee in those where an individual is unlawfully deprived of liberty. Any public officer or employee who shall
those cases where an individual is unlawfully cases where an individual is unlawfully deprived unlawfully expel a person from the Philippines
deprived of liberty. of liberty. or compel a person to change his residence.
DEFINITION/
1. By delaying the performance of a judicial or
NATURE/
executive order for the release of a prisoner
HOW COMMITTED
1. By expelling a person from the Philippines.
2. By unduly delaying the service of the notice of such
order to said prisoner 2. By compelling a person to change his
residence.
3. By unduly delaying the proceedings upon any
petition for the liberation of such person.

PROVISION Art. 124 Art. 125 Art. 126 Art. 127

1. That the offender is a public officer or
employee
2. That he detains a person
3. That the detention is without legal grounds
ELEMENTS
1. That the offender is a public officer or
employee
2. That he has detained person for some legal
ground
3. That he fails to deliver such person to the
proper judicial authorities within:
a. 12 hrs – light penalties, or their equivalent;
or
b. 18 hrs – correctional penalties or their
equivalent
c. 36 hrs – afflictive or capital penalties, or
their equivalent
1. That the offender is a public officer or employee 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 that there is a proceeding 2. That he expels any person from the
upon a petition for the liberation of such person. Philippines or compels a person to change his
residence.
3. That the offender without good reason delays:
a) the service of the notice of such order to the 3. That the offender is not authorized to do so
prisoner; or by law.
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.
 CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

Search warrants maliciously obtained and Prohibition, interruption, and dissolution of

CRIME Violation of Domicile Searching domicile without witnesses
abuse in the service of those legally obtained peaceful meetings

Violates Section 2, Article III of the 1987
Constitution
* Right against unreasonable searches and
seizures
1. By entering any dwelling against the will of
the owner thereof;
DEFINITION/ 2. By searching papers or other effects found
NATURE/ therein without the previous consent of such
HOW COMMITTED owner
3. By refusing to leave the premises, after
having surreptitiously entered said dwelling
and after having been required to leave the
same.
Violates Section 2, Article III of the 1987
Constitution
* Right against unreasonable searches and
seizures
1. By procuring a search warrant without just
cause
2. By exceeding his authority or by using
unnecessary severity in executing a search
warrant legally procured.
Violates Section 2, Article III of the 1987 Violates Section 4, Article III of the 1987
Constitution Constitution
* Right against unreasonable searches and
seizures Punishes any public officer or employee who
violates the right peaceably to assemble and
petition the government for redress of grievances
1. By prohibiting or by interrupting, without legal
ground, the holding of a peaceful meeting, or by
dissolving the same.
2. By hindering any person from joining any lawful
association or from attending any of its meetings.
3. By prohibiting or hindering any person from
addressing, either alone or together with others,
any petition to the authorities for the correction
of abuses or redress of grievances.

PROVISION Art. 128 Art. 129 Art. 130 Art. 131

1. That the offender is a public officer or 1. That the offender is a public officer or 1. That the offender is a public officer or 1. That the offender is a public officer or
employee employee employee employee.

2. That he is not authorized by judicial order
to enter the dwelling and/or to make a
ELEMENTS search therein for papers or other effects.
2. That he procures a search warrant:
3. That there is no just cause
2. That he is armed with search warrant legally 2. That he performs any of the acts mentioned
procured. above.
3. That he searches the domicile, papers or others
belongings of any person.

4. That the owner or any members of his family, or

two witnesses residing in the same locality are not
present.
 CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

CRIME Interruption of religious worship Offending the religious feelings

Violates Section 5, Article III of the 1987 Constitution Violates Section 5, Article III of the 1987 Constitution

DEFINITION/
NATURE/
HOW COMMITTED

PROVISION Art. 132 Art. 133

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.
ELEMENTS
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
2. That the acts must be notoriously offensive to the feelings
of the faithful.

CRIME Rebellion or insurrection
The crime of rebellion or of inciting it
is by nature a crime of the masses,
of a multitude. It is a vast movement
of men and complex net of intrigues
and plots.
DEFINITION/
Civil war on a bigger or lesser scale.
NATURE/
HOW COMMITTED
PROVISION Art. 134
1. That there be a) public uprising,
and b) taking arms against the
Government
2. That the purpose of the uprising
or movement is either –
a. to remove from the allegiance to
ELEMENTS
said Government or its laws:
1. the territory of Philippines or
any part thereof; or
2. Any body of land, naval or
other armed forces; or
b. to deprive the Chief Executive or
Congress, wholly or partially, of any
of their powers or prerogatives.
CRIMES AGAINST PUBLIC ORDER
Coup d’etat
It is a swift attack, accompanied by
violence, intimidation, threat, strategy
or stealth, directed against duly
constituted authorities of the Republic
of the Philippines xxx
Art. 134-A
1. That the offender is a person or
persons belonging to the military or
police or holding any public office or
employment.
2. That it is committed by means of a
swift attack accompanied by violence,
intimidation, threat, strategy or
stealth.
3. That the attack is directed against
duly constituted authorities of the
Republic of the Philippines, or any
military camp or installation,
communication networks, public
utilities or other facilities needed for
the exercise and continued possession
of power.
4. That the purpose of the attack is to
seize or diminish state power.
Conspiracy and proposal to commit
Inciting to rebellion Disloyalty of public officers or employees
coup d’etat, rebellion or insurrection
1. Conspiracy to commit rebellion and The offender must be a public officer or
- There is conspiracy to commit employee.
rebellion when two are more persons
come to an agreement to rise publicly 1. By failing to resist a rebellion by all
and take arms against the government means in their power.
or any purposes of rebellion and decide
to commit it. 2. By continuing to discharge the duties of
their offices under the control sof the
2. Proposal to commit rebellion rebels;
- There is proposal to commit
rebellion when the person who has 3. By accepting the appointment to office
decided to rise publicly and take arms under them.
against the Government for any of the
purposes of rebellion proposes its
execution to some other person or
persons.
Art. 136 Art. 138 Art. 137
1. That the offender does not take arms
or is not in open hostility against the
Government.
2. That he incites others to execution of
any of the acts of rebellion
3. That the inciting is done by means of
speeches, proclamations, writings,
emblems, banners, or other
representations tending to the same
end.
 CRIMES AGAINST PUBLIC ORDER

CRIME Sedition Conspiracy to commit sedition Inciting to sedition

In its general sense, is the raising of

commotions or disturbances in the 1. Inciting others to the
State. accomplishment of any of the acts
which constitute sedition by means of
Ulitmate object - violation of the speeches, proclamations, writings,
public peace or at least such a emblems.
DEFINITION/ course of measures as evidently
NATURE/ engenders it. 2. Uttering seditious words or speeches
HOW COMMITTED which he tends to disturb the public
peace.

3. Writing, publishing, or circulating

scurrilous libels against the
Government or any of the duly
constituted authorities thereof, which
tend to disturb the public peace.
PROVISION Art. 139 Art. 141 Art. 142

1. That the offenders rise a) rise c. To inflict any act of hate or revenge There must be an agreement or
publicly, and b) tumultuously upon the person or property of any decision to attain an object of sedition.
2. That they employ force, public officer or employee
intimidation, or other means outside
of legal methods; d. To commit for any political or social
3. That the offenders employ any of end, any act of hate or revenge against
those means to attain ay of the private persons or any social class
following objects:
ELEMENTS a. to prevent the promulgation or e. To despoil for any political or social
execution of any law or the holding end any person, municipality or
of any popular election province, or the National Government
b. to prevent the National of all its property or any part thereof.
Government, or any provincial or
municipal government or any public
officer thereof from freely exercising
its or his functions, or prevent the
execution of any administrative
order:
 CRIMES AGAINST POPULAR REPRESENTATION

Acts tending to prevent the meeting

CRIME Disturbance of proceedings Violation of Parliamentary Immunity
of the Assembly and similar bodies

I. By using force or intimidation,

threats, or frauds to prevent any
member of the National Assembly from
1) attending the meetings of the
assembly or of any of its committees or
subcommittees, constitutional
commissions or committees or
DEFINITION/
divisions thereof, or from 2) expressing
NATURE/
his opinions, or 3) Casting his vote.
HOW COMMITTED
II. By arresting or searching any
member thereof while the National
Assembly is in regular or special
session, except in case such member
has committed a crime punishable
under the Code by a penalty higher
than prision mayor.

PROVISION Art. 143 Art. 144 Art. 145 Art. 142

1. That there be e projected or
actual meeting of the National
Assembly or any of its committees or
subcommittees, constitutional
committees or divisions thereof, or
of any provincial board or city or
ELEMENTS council or board.
2. That the offender who may be any
person prevents such meeting by
force or fraud.
1. That there be a meeting of the
National Assembly or any of its
committees or subcommittees,
constitutional commissions or
committees or divisions thereof, or of
any provincial board or city or
municipal council or board.
2. That the offender does any of the
following acts:
a. He disturbs any such meetings.
b. He behaves while on the presence
of any such bodies in such manner as
to interrupt its proceedings or to
impair the respect due it.
I. 1. That the offender uses force
intimidation, threats or fraud;
2. That the purpose of the offender
is to prevent any member of the
National Assembly from:
a. attending the meetings of the
assembly or of any of its committees or
constitutional commissions, etc.
b. expressing his opinions; or
c. casting his vote
3. The offender is any person
II. 1. The offender is a public officer or
employee
2. That her arrests or searches any
member of the National Assembly.
3. That the Assembly, at the time of
arrest or search, is in regular or special
session;
4. That the member arrested or
searched has not committed a crime
punishable under the Code by a penalty
higher than prision mayor.