In the intricate labyrinth of law, Article 127 of the Philippine Penal Code occupies a significant place. A law formulated to safeguard the personal liberties of individuals, it penalizes unauthorized expulsion or compelling a person to change their residence by public officers or employees. This article, through an SEO-optimized approach, aims to shed light on this critical provision – Art. 127. Expulsion.
Unveiling Article 127: Expulsion
Article 127 encapsulates a unique provision in the penal law of the Philippines. It specifically targets public officers or employees who wield their power illegitimately to infringe upon an individual’s rights. Any act that expels a person from the Philippine Islands or forces them to change their residence, without the backing of any legal authority, is punishable under this law.
This penal provision underscores the sanctity of personal liberty, focusing on two particular forms of transgressions. One is the unlawful expulsion of any person from the Philippine territory, and the other is forcing an individual to change their place of residence against their will.
The Penalty: Prision Correccional
Public officers or employees found guilty of these offenses are subjected to the penalty of “prision correccional”. This is a medium-security punishment in the Philippine penal system, often ranging from six months and one day to six years of imprisonment. The aim is not only to deter the officer from repeating such unlawful actions but also to establish a precedent for others in the public service sector.
The Importance of Legal Authorization
Article 127 puts a clear emphasis on the phrase “not being thereunto authorized by law”. This denotes the significance of legal authorization in performing such actions. In certain circumstances, expulsion or compulsory change of residence may be a lawful action backed by national security, immigration laws, or other valid legal reasons. However, a public officer or employee performing these actions without proper legal authority will face the repercussions outlined in Art. 127.
Implications for Personal Liberty
Article 127 serves as a bulwark against the abuse of power, offering a layer of legal protection to individuals who could be subjected to unauthorized expulsion or forced residence change. By doing so, it upholds the essence of personal liberty, a cornerstone of democratic societies.
In essence, Article 127 of the Philippine Penal Code is a provision that maintains a balance between the authority of public officials and the rights of individuals. It outlines the consequences faced by those who, without legal authorization, attempt to misuse their power to expel a person or compel them to change their residence. By understanding and adhering to this law, we can promote a society that respects individual freedoms and discourages abuses of power.