REVISED PENAL CODE BOOK 2 ARTICLE-130.pptx

REVISED PENAL CODE BOOK 2 ARTICLE-130.pptx

1. Section 2 Violation of Domicile Santos, Racheal B.

2. ARTICLE 130: SEARCHING DOMICILE WITHOUT WITNESSES THE PENALTY OF ARRESTO MAYOR IN ITS MEDIUM AND MAXIMUM PERIODS SHALL BE IMPOSED UPON A PUBLIC OFFICER OR EMPLOYEE WHO, IN CASES WHERE A SEARCH IS PROPER , SHALL SEARCH THE DOMICILE, PAPERS, OR OTHER BELONGINGS 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 .

3. ELEMENTS THAT THE OFFENDER IS A PUBLIC OFFICER OR EMPLOYEE ; THE HE IS ARMED WITH SEARCH WARRANT LEGALLY PRODUCED ; THAT HE SEARCHES THE DOMICILE, PAPERS OR OTHER BELONGINGS OF ANY PERSON ; THAT THE OWNER , OR ANY MEMBER OF HIS FAMILY , OR TWO WITNESS RESIDING IN THE SAME LOCALITY ARE NOT PRESENT .

4. TERMS IN THE PARAGRAPH: “IN CASES WHERE A SEARCH IS PROPER” *Means that the public officer at the time of the search is armed with a search warrant legally produced . *In Violation of Article 128 , ( VIOLATION OF DOMICILE ) the public officer has no authority to make the search. * In this Article, there is a legal search warrant, but there is no witness in searching the domicile. “SHALL SEARCH THE DOMICILE, PAPER, OR OTHER BELONGINGS OF ANY PERSON” * The word “search” means “ to go over o look through for the purpose of finding something; to examine” Note: -The thing searched by the offender is the “domicile”, “papers” or “other belongings” of any person. -Crime Violation in Article 130 must be in the dwelling of their owner at the time the search was made. -Article 130 does not apply to searches of vehicles or other means of transportation, because searches are not made in the dwelling.

5. Section 8, Rule 126 of the Revised Rules of Criminal Procedure. Provides that: “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, two witnesses of sufficient age and discretion residing in the same locality. This particular amendment to the Rules was made to conform the provision to the present article and was introduces to address the confusion brought about by differences in the law as found in the Rules of Court and the R.P.C concerning witnesses to a search.

6. THANK YOU…