Article 128Violation of domicile
ELI5— what this means for you
Violation of domicile: a public officer who enters your home against your will, searches it without a warrant, or refuses to leave when asked is criminally liable — unless acting under lawful authority.
Key point
Your home is protected. Police need a valid search warrant to enter and search your house.
Official text — Act No. 3815
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 correctional in its medium and maximum periods.
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Legal disclaimer: BatasKo provides general legal information, not legal advice. Criminal law has serious consequences — for advice on your specific situation, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.