The document outlines Article 130 regarding the violation of domicile, penalizing public officers who conduct searches without the presence of the owner or witnesses. Key elements for conviction include the offender being a public officer armed with a legal search warrant, while the absence of the homeowner or valid witnesses constitutes a violation. It highlights the importance of witness presence during searches as stipulated in Section 8, Rule 126 of the Revised Rules of Criminal Procedure.

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
1. THAT THE OFFENDER IS A PUBLIC OFFICER OR EMPLOYEE;
2. THE HE IS ARMED WITH SEARCH WARRANT LEGALLY PRODUCED;
3. THAT HE SEARCHES THE DOMICILE, PAPERS OR OTHER BELONGINGS OF ANY
PERSON;
4. 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…