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Searching domicile without witnesses, Revised Penal Code

1. Concept

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. (Act No. 3815, Revised Penal Code)

2. Mode of commission

Elements:

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

2) In cases where a search is proper, he searches 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. (Article 130, Ibid.)
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