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.