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Expulsion

ART. 127.

ELEMENTS:
1. That the offender is a public officer or employee;
2. That he expels any person from the Philippines, or compels a person to change
   his residence; and
3. That the offender is not authorized to do so by law.

ACTS PUNISHABLE:
1. by expelling a person from the Philippines; or
2. by compelling a person to change his residence

NOTES:

Acts punishable:

The crime of expulsion absorbs that of grave coercion. If done by a private
person, act will amount to grave coercion.

Crime does not include expulsion of undesirable aliens, destierro, or when
sent to prison.

If a Filipino who, after voluntarily leaving the country, is illegally refused
re-entry is considered a victim of being forced to change his address.

Threat to national security is not a valid ground to expel or to compel one to
change his address.

The Chief Executive has the power to deport undesirable aliens.

CASES:

Villavicencio v. Lukban (1919)
  The city mayor of Manila committed the crime of expulsion when he ordered
  certain prostitutes to be transferred to Davao WITHOUT observing due processes
  since they have not been charged with any crime.

Marcos v. Manglapus (1989)
  The request or demand of the Marcoses to be allowed to return to the Philippines
  cannot be considered in light solely of the constitutional provisions
  guaranteeing liberty of abode and the right to travel which are neither
  absolute nor inflexible.
    - Considering the unusual circumstances and the attendant national security
      issues, the matter can be appropriately addressed by the residual powers
      of the president which are implicit in and correlative to the paramount duty
      residing in that office to safeguard and protect general welfare.

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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