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Violation of domicile, Revised Penal Code

1. Concept

Article 128. Violation of domicile. – The penalty of prision correccional in its minimum period shall be imposed upon any public officer or employee who, not being authorized by judicial order, shall enter any dwelling against the will of the owner thereof, search papers or other effects found therein without the previous consent of such owner, or having surreptitiously entered said dwelling, and being required to leave the premises, shall refuse to do so.
If the offense be committed in the night-time, or if any papers or effects not constituting evidence of a crime be not returned immediately after the search made by the offender, the penalty shall be prision correccional in its medium and maximum periods. (Act No. 3815, Revised Penal Code)

2. Modes of commission

2 modes of committing the offense:

1) Unauthorized by judicial order to enter any dwelling against the will of the owner thereof, search papers or other effects found therein without the previous consent of such owner, or having surreptitiously entered said dwelling, and being required to leave the premises, he refuses to do so; or

2) He surreptitiously entered a dwelling, and being required to leave the premises, he refuses to do so.

a. Unauthorized by judicial order to enter any dwelling against the will of the owner thereof, etc.

Elements of the offense:

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

2) He is not authorized by judicial order to enter any dwelling against the will of the owner thereof, search papers or other effects found therein without the previous consent of such owner, or having surreptitiously entered said dwelling, and being required to leave the premises, he refuses to do so. (Article 128, Ibid.)

b. Surreptitiously entering a dwelling, and being required to leave the premises, he refuses to do so

Elements of the offense:

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

2) He surreptitiously entered a dwelling, and being required to leave the premises, he refuses to do so. (Article 128, Ibid.)

If the offense be committed in the night-time, or if any papers or effects not constituting evidence of a crime be not returned immediately after the search made by the offender, the penalty shall be prision correccional in its medium and maximum periods. (Paragraph 2, Article 128, Ibid.)

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