Art 127 Expulsion – the penalty of PRISSION CORRECTIONAL shall be imposed upon any public officer or

employee who, not being thereunto authorized by law, shall expel any person from the Phil. Island or
shall compel such person to change his residence Two acts 1. By expelling a person from the Phil.(The
president) 2. By compelling a person to change his residence (Court) Element 1. That the offender
is a public officer or employee 2. That he expels any person from the Phil. or compels a person to
change his residence 3. That the offender is not authorized to do so by law. Ex. Villavicencio et al. vs
Lukban Violation of domicile 1. Art. 128 – violation of domicile 2. Art. 129 – Search and warrant
maliciously obtained, and abuse in the service of those legally obtained 3. Art. 130-Searching domicile
without witness

Art 128

Violation of domicile – the penalty of prison correctional in its minimum period shall be imposed upon
any public officer or employee Offence committed in the nighttime, or if any papers or effect not
constituting evidence of a crime be not returned immediately after the search made by the offender the
penalty shall be prison correctional in its medium and max period Acts 1. By entering and dwelling
against the will of the owner therof; 2. By searching to leave the premises, after having surreptitiously
entered said dwelling and after having been required to leave the same 3. By refusing to leave the
premises

Element (a) That the offender is a public officer or employee (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 Circumstance
qualifying the offence (a) If the offence is committed at nightime or (b) If the person or effect not
constituting evidence of a crime are not returned immediately after the search made by the offender
RULE 113 Sec 11 RRCP- breaking into building allowed but with search warrant Art 129 Search warrant
maliciously obtained, and abuse in the service of those legally obtained In addition to the liability
attaching the offender for the commission of any other offence, the penalty to ARRESTO MAYOR in its
maximum period to PRISON CORRECTIONAL in its minimum period and a fine of 1K shall be imposed
upon any public officer or employee who shall be imposed upon any public officer or employee who
shall procure a search warrant without just cause or, having legally procured the same, shall exceed his
authority or use unnecessary severity in executing the same. Act 1. By procuring a search warrant
without just cause 2. By exceeding his authority or by using unnecessary in executing a search want
legally procured Element 1. That the offender is a public officer or employee 2. That he procures a
search warrant 3. That there is no just cause

Search warrant – is an order in writing issued in the name of the PP signed by the judge and directed to
a peace officer
Rule 126 sec1 RRCP Personal property to be seized (a) Subject of the offence (b) Stolen or embezzled
and other proceed or fruit of the offense (c) Used or intended to be used as the means of committing
an offence Rule 126 Sec3 Req 1. Search warrant shall not issue except upon probable cause in
connection with 1 specific offense to be determined personally by the judge after examination under
oath or affirmation of the complainant and the witnesses he may produce Rule 126 sec4

Rule 125 sec 5 – there is record sworn statement with any affidavit submitted

Rule 126 sec 8 search warrant 2 witness Search warrant id good for 10 days only Rule 126 sec 12 RRCP –
seized without search warrant Peace officer can enter provided the unlawful conduct is such as to affect
the public peace.

Probable cause – for a search warrant is defined as such fact and circumstances which would lead a
reasonable discreet and prudent man to believe that an offense has been committed.

In vessel is legal

Element of exceeding authority (a) That the offender is a public officer or employee (b) That he has
legally procured a search warrant (c) The he exceeds his authority or uses unnecessary severity in
executing the same

Art 130

Searching domicile without witnesses – the penalty of arresto mayor in its medium and maximum
period shall be imposed upon a public officer or employee who, in case were search is proper, shall
search the domicile, paper, or other belonging of any person in the absence of the latter, any member of
his family or in their default, without the presence of two witnesses residing in the same locality

Art 130 does not apply to searches of vehicles

Art 131 Prohibiting, interrupting and dissolution of peaceful meeting – penalty Prision correctional in its
minimum period 1. By prohibiting or interrupting, without legal ground, the holding of a peaceful
meeting or 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 abuse or redress of
grievances. Element 1. That the offender is a public officer or employee 2. That he performs any of
the acts mentioned above.

Art 132 Interrupting of religious worship – Penalty prision correctional in its minimum period, Violence
and treat the penalty shall be prison correctional medium and maximum periods Element 1. That the
offender is a public officer or employee 2. That religious ceremonies or manifestation of any religion
are about to take place or going on 3. That the offender prevents or disturbs the same. Art 133
Offending the religious feelings – the penalty of arresto mayor in its maximum period to prison
correctional in its minimum period shall be imposed upon anyone who, in a place devoted of any

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religious ceremony, shall perform acts notoriously offensive to the feeling of the faithful. Elements
1. That the offender is a public officer or employee 2. That religious ceremonies or manifestation
of any religious are about to take place or going on 3. That the offender prevents or disturbs the same
Art 133 Offending the religious feelings – the penalty of arresto mayor in its maximum period to prison
correctional I its minimum period shall be imposed upon anyone who, in a place devoted of any religious
ceremony, shall perform acts notoriously offensive to the feeling of the faithful Elements 1. That the
act complained of were performed a. A place devoted to religious worship b. During the
celebration of any religios ceremony 2. That the acts must be notoriously offensive to the feelings of
the faithful