Expulsion, Revised Penal Code

1. Concept

Article 127. Expulsion. – The penalty of prision correccional shall be imposed upon any public officer or employee who, not being thereunto authorized by law, shall expel any person from the Philippine Islands or shall compel such person to change his residence. (Act No. 3815, Revised Penal Code)

2. Modes of commission

2 modes of committing the offense:

1) Unauthorized by law to expel any person from the Philippine Islands; or

2) Unauthorized by law to compel a person to change his residence.

a. Unauthorized by law to expel any person from the Philippine Islands

Elements of the offense:

1) The offender is a public officer or employee; and

2) He is not authorized by law to expel any person from the Philippine Islands.

b. Unauthorized by law to compel a person to change his residence

Elements of the offense:

1) The offender is a public officer or employee; and

2) He is not authorized by law to compel a person to change his residence.

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Terms & Scope

1. Terms “Commission” – refers to the National Privacy Commission. (Section 3[a], Rule I, IRR of the Data Privacy Act) “Consent of the data subject”