Criminal Law TITLE THREE: CRIMES AGAINST PUBLIC ORDER
e. Despoil for any political or social end any person municipality province or national government of all its property or any part thereof
CHAPTER ONE REBELLION, SEDITION, AND DISLOYALTY Art. 134: Rebellion or Insurrection Elements 1. There is public uprising AND taking arms against the government 2. Purpose a. Remove from allegiance to government or its laws the territory of the Philippines or any part or any body of land, naval or other armed forces; OR b. Deprive the Chief Executive or Congress, wholly or partially of any of their powers or prerogatives Art. 134-A: Coup d’état Elements 1. Members of the Military police or holding Public office or employment 2. Commit a swift attack accompanied by violence, intimidation, threat, strategy or stealth 3. Against duly constituted authorities or any military camp or installations, communication networks, public utilities, or other facilities needed for the exercise and continued possession of power 4. Carries out singly or simultaneously for the purpose of seizing or to diminish state power
Acts of Inciting to Sedition 1. Inciting other to accomplish acts of sedition thru speeches, proclamations, writings, emblems, etc. 2. Uttering seditious words, or speeches which tend to disturb public peace 3. Write, publish or circulate scurrilous libel against the government or authorities which tend to disturb public peace RA 8294: Illegal Possession of Unlicensed Firearms
Absorbed by: Rebellion, Insurrection, Sedition, and Attempted Coup d'état Special Aggravating: Homicide, Murder, Parricide, Infanticide Unlicensed Firearms Include: 1. Firearm without license 2. Firearm with expired license 3. Unauthorized use of licensed firearm in the commission of a crime Elements:
Art. 135: Penalty for Rebellion, Insurrection and Coup d’état Art. 136: Conspiracy and Proposal to commit Coup d'état, Rebellion, or Insurrection Art. 137: Disloyalty of Public Officers or Employees Acts Punishable: 1. If they failed to resist a rebellion by all the means in their power 2. Shall continue to discharge the duties of their offices under the control of the rebels 3. Shall accept appointment to office under them Art. 138: Inciting a Rebellion or Insurrection Art. 140: Sedition Elements 1. Offenders rise publicly and tumultuously 2. Employ force, intimidation, other means outside legal methods 3. Objective is to: a. Prevent promulgation or execution of any law or holding of any popular election b. Prevent national government or any public officer from freely exercising functions or prevent execution of administrative order c. Inflict any act of hate or revenge upon the person or property of any public officer or employee d. Commit any act of hate or revenge against private person or any social class for any political or social end
1. Corpus Delicti – unlicensed firearm 2. Negative fact of lack of license thru PNP certification CHAPTER TWO CRIMES AGAINST POPULAR REPRESENTATION Section 1: Crimes against Legislative Bodies and similar bodies
Art. 143: Acts tending to prevent the meeting of the Assembly and similar bodies Elements 1. Any person who who prevent the meeting by means of force or fraud 2. There be a projected or actual meeting of Congress, any of its committees, Constitutional Commission or divisions or provincial board or city or municipal council or board Art. 144: Disturbance of Proceeding Elements 1. Meeting of Congress, any of its committees, Constitutional Commission or divisions or provincial board or city or municipal council or board 2. The offender either: a. Disturbs the meeting b. Behaves in such a manner as to interrupt or impair the respect due to it
Criminal Law TITLE THREE: CRIMES AGAINST PUBLIC ORDER
Section 2: Violation of Parliamentary Immunity Art. 145: Violation of Parliamentary Immunity Acts Punishable: 1. Any person, by force, threat, intimidation or fraud would prevent any member of Congress from a. Attending the meeting b. Expressing his opinion c. Casting his vote 2. Public officer or employee, who arrest or search any member of Congress while it is in regular or special session, when the said member of Congress has not committed any crime punishable by a penalty higher than prision mayor CHAPTER THREE ILLEGAL ASSEMBLIES AND ASSOCIATIONS Art. 146: Illegal Assemblies Acts Punishable: 1. Meeting attended by armed persons for purpose of committing a crime under RPC 2. Meeting where the audience is incited to the commission of the crime of treason, rebellion, or insurrection, sedition, or assault Art. 147: Illegal Association Acts Punishable: Associations totally or partially organized for 1. Committing any crime under RPC 2. Purpose contrary to public morals (SPL) CHAPTER FOUR ASSAULT UPON, AND RESISTANCE AND DISOBEDINCE TO PERSONS IN AUTHORITY AND THEIR AGENTS Art. 148: Direct Assaults Acts Punishable: 1. Without public uprising, by employing force, intimidation, for attainment of any of the purpose of rebellion and sedition 2. Without public uprising, by attacking, employing force, or by serious intimidating or seriously resisting any person in authority or his agents while engaged in performance of official duties or on occasion of such performance Elements of #2: 1) Offender makes an attack, employs force, makes serious intimidation or makes serious resistance 2) Person assaulted is a person in authority/ agent 3) In the performance of official duty or on occasion of such official duty 4) Offender knows him to be in authority 5) No public uprising Art. 152: Persons in authority and agents 1. Person directly vested with jurisdiction 2. Person who by direct provision of law or by election or appointment by competent authority, is charged with maintenance of
public order or the protection and security o f life and property 3. Agent - Person who comes to the aid of person in authority Qualified: weapon, public officer, lays a hand in person in authority Art. 149: Indirect Assault Elements: 1. A person in authority/ agent is victim of direct assault 2. Someone came to his aid 3. Offender makes use of force or intimidation upon such person in aid Art. 151: Resistance and Disobedience to a person in authority or the agents of such person Acts Punishable: 1. Resistance and Serious Disobedience a. Person in authority or agent in performance of official duty gives lawful order to offender b. Offense resist or seriously disobeys him c. Act of offender does not amount to Direct or Indirect Assault 2. Simple Disobedience a. Agent is engaged in performance of official duty or gives a lawful order b. Offender disobeys the agent c. Disobedience is not serious in nature Art. 150: Disobedience to summons issued by the National Assembly, its committees or subcommittees, by the Constitutional Commissions, its committees, subcommittees, or divisions Acts Punishable: 1. Refusing without legal excuse to obey the summons by Congress etc. 2. Refusing to be sworn or placed under the affirmation while being before such bodies 3. Refusing to answer any legal inquiry or produce any books, papers, documents, records in his possession when required in the exercise of function 4. Restraining another from attending as witness in such body 5. Inducing disobedience to summons or refusal to be sworn by any such body or official CHAPTER FIVE PUBLIC DISORDERS Art. 153: Tumults and other disturbance of public orders; Tumultuous disturbance or interruption liable to cause disturbance Acts Punishable: 1. Causing serious disturbance in public place or office 2. Interrupting/ disturbing performance, functions or gatherings or peaceful meetings NOT included in Art. 131 & 132 3. Making an outcry tending to incite rebellion or sedition in any meeting, association, or public place
Criminal Law TITLE THREE: CRIMES AGAINST PUBLIC ORDER
4. Displaying placards or emblems which provoke disturbance of public order in such place 5. Burying with pomp the body of a person legally executed Art. 154: Unlawful use of means of publication and unlawful utterances Acts Punishable: 1. Publishing or causing to be published, by means of printing, lithography or any other means of publication as news false news which may endanger the public order, or cause damage to the interest or credit of the State 2. Encouraging disobedience to the law or to the authorities by praising, justifying, or extolling any act punished by law, by the same m eans or by words, utterances, or speeches 3. Malicious publishing or causing to be published any official resolution or document without proper authority or before they have been published officially 4. Printing, publishing, or distributing books, pamphlets, periodicals, or leaflets, which do not bear the real printer’s name, or which are classified as anonymous Art. 155: Alarms and Scandals Acts Punishable: 1. Discharging firearm, rocket, firecracker, explosive, within any town or public place calculated to cause alarm or danger 2. Instigate or taking any active part in any charivari or disorderly meeting offensive to another or prejudicial to public tranquility 3. Disturbing public peace while wandering about at night or while engaged in any other nocturnal amusements 4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided Art 153 is not applicable Art. 156: Delivery of Prisoners from Jail Elements: 1. There is a person confined in jail or penal establishment 2. Offender removes such person or helps him escape
Qualified: violence, intimidation, or bribery
CHAPTER SIX EVASION OF SERVICE OF SENTENCE Art. 157: Evasion of service of sentence Elements: 1. Offender is a convict by final judgment 2. Serving sentence which consists of deprivation of liberty 3. Evades sentence by escaping
Qualified: 1. Unlawful entry or Breaking doors, window, gates, walls, roof or floors 2. Using picklocks, false keys, deceit, violence, intimidation 3. Connivance with other convicts or employees of prison Art. 158: Evasion of service of sentence on the occasion of disorder, conflagrations, earthquakes, or other calamities Elements: 1. Offender convict by final judgment 2. There is disorder (conflagration, earthquake, explosion, similar catastrophe, mutiny) which he is not participant 3. Evades service by leaving institution on occasion of disorder 4. Fails to give himself up within 48 hours following the proclamation of the President announcing the passing of the calamity Art. 159: Other cases of evasion of service Elements: 1. Offender – convict of final judgment 2. Granted with conditional pardon 3. Violated any of the conditions CHAPTER SEVEN COMMISSION OF ANOTHER CRIME DURING SERVIC OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE (Quasi-Recidivisim) Art. 160: Commission of another crime during service of penalty imposed for another offense;
