Professional Documents
Culture Documents
MIDTERM REVIEWER
B. “Disclosing”
1. Offender – public officer 121. FLIGHT TO ENEMY’S COUNTRY
2. He has in his possession the said Elements:
articles, data or information by 1. There is a war in which the
reason of the public office he holds Philippines is involved
3. He discloses their contents to a 2. Offender – owes allegiance to the
representative of a foreign nation. Philippine government
3. Offender – attempts to flee or go to
118. INCITING TO WAR OR GIVING enemy’s country
MOTIVES FOR REPRISAL 4. Going to the enemy’s country is
Elements: prohibited by competent authority
1. Offender – performs unlawful or (government)
unauthorized acts
2. Such acts provoke or give occasion ** Mere attempt to enemy’s country
for a war involving or liable to consummates the crime.
Piracy – robbery or forcible depredation on ** Any person who aids or protects pirates or
the high seas without lawful authority and abets the commission of piracy shall be
done with intent to steal. considered as an accomplice.
Scurrilous – low, vulgar, mean, or foul. ** One who disturbs the proceedings of the
congress may also be punished for contempt
Two rules relative to seditious words: by the assembly.
143. ACTS TENDING TO PREVENT THE ** Parliamentary immunity does not protect
MEETING OF THE ASSEMBLY AND members of the Congress from responsibility
SIMILAR BODIES before the legislative body itself.
Elements:
1. There is a projected or actual 146. ILLEGAL ASSEMBLIES
meeting of congress or any of its Meeting attended by armed persons – any
committees, constitutional crimes under RPC
commission, committees, or Elements:
division, or any provincial board, 1. Gathering of persons – fixed place or
city, municipality, council or board; moving
2. Offender – any person that 2. Attended by armed persons
prevents the meeting by force or 3. Purpose – commit any crime under RPC
fraud.
** The persons present at the meeting must
144. DISTURBANCE OF PROCEEDINGS be armed – NOT ALL persons must be armed.
Elements:
1. Meeting – congress or any of its ** The unarmed person merely present at
committees, subcommittees, divisions, the meeting is liable.
provincial board, or city/municipal
council or board Armed/not – treason, rebellion, insurrection,
2. Does: sedition, or direct assault
a. disturbs any of such meetings Elements:
b. behaves in such a manner as to 1. Meeting or gathering of persons
interrupt its proceedings or to 2. Audience, armed or not, incited to
impair respect due it. commit treason, rebellion,
insurrection, sedition, or direct assault
** Indirect assault is committed only when In applying the provisions of Articles 148 and
direct assault is also committed. 151 of this Code, teachers, professors and
persons charged with the supervision of
151. RESISTANCE AND DISOBEDIENCE public or duly recognized private schools,
TO A PERSON IN AUTHORITY OR HIS colleges and universities, and lawyers in the
AGENTS actual performance of their professional
Resistance and serious disobedience duties or on the occasion of such
Elements: performance, shall be deemed persons in
1. Person in authority or his agents – authority.
engaged in the performance of official
duty or gives a lawful order to the ** Directly vested with jurisdiction – power
offender (direct order) and authority to govern and execute laws.
2. Offender – resists or seriously
disobeys him 153. TUMULTS AND DISTURBANCES
3. Act of offender is not included in They are:
articles 148, 149, 150 1. Causing any serious disturbance in a
public place, office or establishment;
** A person cannot be guilty of disobedience 2. Interrupting or disturbing
to an order which is not addressed to him. performances, functions or gatherings
or peaceful meetings, if the act is not
** The accused must have knowledge that included in arts. 131 and 132;
the person arresting him is a peace officer. 3. Making an outcry tending to incite
rebellion or sedition in any meeting,
Simple disobedience association, or public place;
1. Person in authority or his agents – 4. Displaying placards or emblems which
engaged in the performance of official provoke a disturbance of public order
duty or gives a lawful order to the in such place;
offender 5. Burying with pomp the body of a
2. Offender – disobeys person who has been legally executed.
3. Disobedience is not of serious nature.
© Hanna Magkasi 2007 page 11
CRIMINAL LAW II January 2007
MIDTERM REVIEWER
** The principal thing punished is the ** The act performed must pertain to the
VIOLATION OF PUBLIC FAITH and the government, or to any person in authority or
PERVERSION OF TRUTH which the document to any public officer.
solemnly proclaims – prejudice to a third
person is immaterial.