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CRIMES AGAINST PUBLIC ORDER

1. RICS Rebellion, Insurrection, Coup detat, Sedition


Prisoners
2. Illegal Assemblies & Associations
3. Direct/Indirect Assault, Resistance & Disobedience
134 REBELLION or INSURRECTION
ELEMENTS
1. That there be
a. PUBLIC UPRISING
b. TAKING ARMS against the Govt
2. PURPOSE is
1. To REMOVE from the allegiance to said Govt/ its laws:
1) The TERRITORY of the PH or any part thereof
2) Any body of land, naval or other ARMED FORCES
2. To DEPRIVE the Chief Exec/Congress (wholly/partially) of any
of their powers or prerogatives

REBELLION
Object to completely
overthrow & supersede the
existing govt

REBELLION
The levying of war vs the govt
during peace time
Always involves taking up arms
vs the govt;
Giving aid/comfort to a rebel not
punishable

INSURRECTION
Merely to
a. effect some change of
minor importance, or
b. prevent the exercise of
govtal authority w/ respect
to particular
matters/subjects
TREASON
Levying during war
May be committed by mere
adherence to the enemy giving
him aid/comfort

Rebellion by nature a crime of masses


actual clash of arms w/ the forces of the govt not necessary
Normative element rising publicly & taking arms aganst the
govt
Subjective element intent/purpose to overthrow the govt
Not covered by Art 2 on extraterritorial jurisdiction
RA 8294 provides that violation thereof in furtherance of, incident to
or in connection with the crime of rebellion, insurrection, sedition or

4. Public Disorders Tumults, Alarms & Scandals, Delivery of


5. Evasion of Service of Sentence
6. Quasi-recidivism
135 COUP DETAT
ELEMENTS
1. O person/s belonging to the military/police or a public officer/ee
2. Making a SWIFT ATTACK accompanied by VISTS
a. Violence
b. Intimidation
c. Strategy
d. Threat
e. Stealth
3. Attack is DIRECTED against
a. duly constituted authorities of the PH or
b. any military camp/installation,
c. communication networks
d. public utilities or other facilities needed for the exercise &
continued possession of power
4. PURPOSE to SEIZE/DIMINISH the state power
Persons liable for Rebellion, Insurrection, Coup detat
A. The LEADERS
1. Those who promote, maintain or head a rebellion/insurrection
2. Those who lead, command others to undertake a coup detat
If leaders are unknown any person who in fact directed others,
spoke for them signed receipts/documents issued in their name
or performed similar acts on behalf of the rebels shall be
deemed a leader
B. The PARTICIPANTS
1. Those who participate or execute the commands of others in
rebellion or insurrection
2. Any person in the govt service who participates or executes
directions/commands of others in undertaking a coup detat
3. Any person NOT in the govt service who participates, supports,
finances, abets or aids in undertaking a coup detat
Public officer must take active part to be liable mere
silence/omission
Coup detat may be committed with or without civilian participation.
When common crimes are committed to achieve a political
purpose (not for private purposes, or without political
motivation) absorbed in the Rebellion
Decisive factor: intent/motive
RA 6968 (Coup detat Law) - removed the acts of violence from Art
135, treating them as distinct crimes:

attempted coup shall be absorbed as element of such crimes


RA 7636 - decriminalized subversion

136
1. CONSPIRACY to commit Rebellion, Insurrection, Coup
detat
2. PROPOSAL to commit Rebellion, Insurrection, Coup
detat

1. Engaging in war the forces of the govt


2. Being public officers, they commit serious violence/destruction
of property
3. Being pubic officers, they exact contribution for the support of
rebellion
4. Being public officers, the divest public funds to support
rebellion
137 DISLOYALTY of PUBLIC OFFICERS/EES
1. FAILING to RESIST a rebellion by all means in their power
2. CONTINUING to DISCHARGE their official duties under the control
of the rebels
3. ACCEPTING APPOINTMENT to office under them
They must not be in conspiracy w/ the rebels

139 SEDITION
ELEMENTS
1. Offenders RISE (1) publicly & (2) tumultuously;
2. Employing
a. Force
b. Intimidation
c. Other illegal means
3. To ATTAIN any of the ff:
a. To PREVENT
i) The promulgation/execution of any LAW or the holding of any popular ELECTION
ii) The National Govt or any provincial/mun govt, or any public officer thereof from from freely EXERCISING its/his FUNCTIONS,
iii) The execution of any ADMINISTRATIVE ORDER
b. To INFLICT an ACT of HATE/revenge
i) upon the person/property of any PUBLIC OFFICER/EE
ii) against PRIVATE PERSONS or any SOCIAL CLASS for any political/social end
c. To DESPOIL, for any political/social end any
i) Person
ii) Municipality/province
iii) The National govt of all its PROPERTY or any part thereof
NATURE: the raising of commotions or disturbances in the State
PURPOSE: a violation of the public peace
public uprising + object of sedition = sedition
no public uprising + object of sedition = Direct Assault of the 1st form
REBELLION
There must be public uprising
The use of firearms is essential.
Therefore, illegal possession is
absorbed

SEDITION
Same
Use of firearm is not essential but
RA 8294 decreed that sedition
absorbs the use of unlicensed
firearms

TREASON

SEDITION

Violation by a subject of his


allegiance to his sovereign state

Raising of
commotions/disturbances in the
State

Purpose: always political


Purpose may be political or social
140 persons liable for sedition
1. Leader PM
2. Participants - PC

becomes Principal by Inducement in


Rebellion

Scurrilous low, vulgar, mean or foul


2 Rules:
1. Clear & present danger rule
2. Dangerous tendency rule

Crimes Against Popular Representation


143 ACTS TENDING to PREVENT the
MEETING of the CONGRESS & SIMILAR
BODIES
ELEMENTS

144 DISTURBANCE OF PROCEEDIGNS

145 VIOLATION of PARLIAMENTARY


IMMUNITY

ELEMENTS

ACTS:

1. There is a projected/actual MEETING of the


Congress or any of its sub/committees,
concoms or divisions thereof, or of any
provincial board, city or mun council or
board
2. O any person who PREVENTS such
meeting by
a. Force
b. Fraud

1. There is a MEETING of Congress, etc


2. O any person who:
a. DISTURBS any of such mtgs
b. BEHAVES while in the presence of
an such bodies in such a manner as
to
i) Interrupt its proceedings or
ii) Impair the respect due it

O any person
146 ILLEGAL ASSEMBLIES
1. Any MEETING (whether in a fixed place or moving) attended by
ARMED PERSONS for the purpose of committing a crime
The persons present must be armed, but not all of them
must necessarily be armed. The unarmed person merely
present at the meeting is also liable but w/ a lower penalty
than the armed persons.
2. Any MEETING in w/c the AUDIENCE (whether armed/not) is INCITED
to the commision of DIRTS
a. Treason
b. Rebellion
c. Insurrection
d. Sedition
e. Direct Assault
The audience must actually be incited. If they are, the crimes
committed are:
1. Illegal assembly as to
1) The organizers/leaders
2) Persons merely present
2. Inciting to rebellion/sedition for the ones inciting them
If any person present at the meeting carries an unlicensed
firearm:
1. It is presumed that the PURPOSE of the meeting insofar
as he is concerned, is to commit a crime;
2. He is considered a LEADER or organizer
It is necessary that there is an actual meeting or assembly
The meeting and attendance at such meeting are punished

The Persons liable are:


1. Organizers/leaders of the meeting
2. Persons present at the meeting

1. Using force, intimidation, threats or fraud


to PREVENT any member of the Congress
from:
a. ATTENDING the meetings
b. EXPRESSING his opinions
c. CASTING his vote
2. ARRESTING or SEARCHING any member
thereof while Congress is in regular or
special session for a crime punishable by
Prision Mayor or higher
O public officer/ee

147 ILLEGAL ASSOCIATIONS


1. Associations totally/partially organized for the purpose of
committing a CRIME;
2. Associations totally/partially organized for some purpose
contrary to PUBLIC MORALS.
Persons Liable:
1. Founders, directors & president
2. Members

Not necessary that there be an actual meeting


The act of forming or organizing and membership are
punished
Persons liable
1. Founders, directors & president
2. Members

148 DIRECT ASSAULTS


ACTS: When without public uprising, any person
1. Employing FORCE/INTIMIDATION for the attainment of any of the purposes of REBELLION or
SEDITION;
Offended party a private indiv or person belonging to a social class
2. By knowingly
a. ATTACKING
b. EMPLOYING FORCE
If vs AGENT of a PA force must be serious
If vs PA force need not be serious
c. Seriously INTIMIDATING
d. Seriously RESISTING
any person in authority (PA) or any of his agents, while
a) engaged in the performance of official duties
b) on the occasionof such performance.
The intimidation or resistance must both be serious whether against PA or Agent
Resistance must be active & not merely passive
Person in Authority a person directly vested w/ jurisdiction(power or authority to govern & execute
the laws), whether as an individual or as a member of some court, governmental corp, board or
commission.
Barrio captain, Brgy chairman, heads of schools, Teachers, lawyers
Agent of a PA
Policeman, Mun treasurer, Postmaster, Sheriff, BIR Agent, Malacaang confidential agent
No Direct Assault in the ff:
a. PA/agent exceeds his power or acts without authority
b. Uses unnecessary force/violence
c. When the offender & offended party are both PAs/Agents

149 INDIRECT ASSAULTS


ELEMENTS:
1. PA/agent is the victim of any of
the forms of DA in 148
2. A person comes to the AID of
such PA/Agent
3. O makes use of
FORCE/INTIMIDATION upon such
person coming to the aid of the
PA/agent.
Indirect assault can only be
committed when a Direct Assault is
also committed.

d. When there is public uprising


e. If public officer is not a PA AC of rank
Qualified Assault
1. When committed w/ a WEAPON
2. When O is a PUBLIC OFFICER/EE
3. When O LAYS HANDS upon a PA
If the laying of hands does not amount to DA Qualified less serious physical injures
If it amounts to DA Direct Assault w/ Less Serious Physical injuries
Crimes that may be Complexed w/ Direct Assault
1. Homicide
2. Murder
3. Serious physical injuries
4. Less serious physical injures
slight physical injuries is absorbed in DA

150 DISOBEDIENCE to SUMMONS issued by the


1. Congress, its Committees or subcommittees,
2. Constitutional Commissions, its committees,
subcommittees or divisions
ACTS
1. REFUSING w/o legal excuse TO OBEY SUMMONS of the
2. REFUSING to be SWORN or placed under affirmation while being
before such legislative or consitutional body/official
3. REFUSING to ANSWER any legal inquiry or to PRODUCE any
books, papers, etc in his possession, when required by them to
do so in the exercise of their functions
when the papers/docs may be used in evidence against the
owner thereof because it would be equivalent to compelling him
to be witness against himself.
4. RESTRAINING another from attending as a WITNESS in such
legislative/consitutional body
5. INDUCING DISOBEDIENCE to a summons or refusal to be sworn
by any such body/official.
Above acts may also constitute contempt of Congress

151 RESISTANCE & DISOBEDIENCE TO A PERSON IN


AUTHORITY or his AGENT
1. Resistance & Serious Disobedience
1) PA/agent is
a) engaged in the performance of official duty
b) gives a lawful order to the offender
2) O knowingly RESISTS or SERIOUSLY DISOBEYS such
pa/agent
3) Must not constitute 148, 149 & 150
Orders must be directly issued to the offender
Accused must have knowledge that the person is a
PA/agent
2. Simple Disobedience
1) An AGENT of pa
a) is engaged in the performace of official duty
b) gives a lawful order to the offender
2) O DISOBEYS such agent
3) Disobedience is NOT SERIOUS
DIRECT ASSAULT
RESISTANCE/SERIOUS
DISOBEDIENCE
PA/agent must be engaged in the In resistance, PA/agent must be
perf of official duties, or that he is in the actual performance of his
assaulted by reason thereof
duties
2nd form is commited in 4 ways:
Committed only by

a) Attacking
b) Employing force
c) Seriously intimidating
d) Seriously resisting
Force employed to agent must be
serious

Public Disorders
153 TUMULTS

ACTS
1. CAUSING any SERIOUS DISTURBANCE
in a public place, office or
establishment;
2. INTERRUPTING/DISTURBING
performances, functions, gatherings or
peaceful meetings if not included in
131 & 132;
3. Making an OUTCRY tending to incite
rebellion/sedition in any meeting,
association or public place
4. DISPLAYING placards/emblems w/c
provoke a disturbance of public order
in such place
5. BURYING w/ POMP the body of a person
who has been legally executed.

154
1. UNLAWFUL USE of MEANS of
PUBLICATION
2. UNLAWFUL UTTERANCES
ACTS
1. PUBLISHING or causing to be published, by
means of printing, lithography or any other
means of publication, as news, any FALSE
NEWS w/c may
a. endanger public order or
b. cause damage to the interest/credit
of the State.
2. By
a. ENCOURAGING DISOBEDIENCE to the
law/duly constituted authorities or
b. PRAISING/JUSTIFYING or EXTOLLING any
act punished by law, by the same means,
or by words, utterances or speeches;
3. Maliciously PUBLISHING or causing to be
published any official resolution/document
a. without proper authority, or
b. before they have been published
officially;
4. PRINTING, PUBLISHING, DISTRIBUTING (or
causing the same) books, pamphlets,
periodicals or leaflets

a) Resisting
b) Seriously disobeying
The use of force in resistance is
not so serious or no force at all

155 ALARMS & SCANDALS

ACTS
1. DISCHARGING any firearm, rocket, explosive
w/in any town or public place, calculated to
(MUST) cause alarm or danger;
2. INSTIGATING, or taking ACTIVE part in any
CHARIVARI or other disorderly meeting
offensive to another, or prejudicial to public
tranquility
3. DISTURBING the 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
when 153 is applicable

If the act of disturbing/interrupting a


meeting/religious worshi is committed
by:
a) a private indiv
b) public officer who is a
participant 153 (not 131 or
132)

a. w/c do not bear the real printers


name or
b. w/c are classified as anonymous.
O must know that the news is false
If there is no possibility of danger to public
order, etc, in the publication of news
154 is n/a

Outcry to shout subversive or provocative


words tending to stir up the people to
obtain by means of force/violence any of
the objects of rebellion/sedition;
the outcry must be more or less an
unconscious outburst, & not
deliberately planned. Otherwise
Inciting to sedition/rebellion
QC:
If the disturbance/interruption is of a
TUMULTUOUS CHARACTER.
Tumultuous caused by at least 4 persons
who are armed or provided w/ means of
violence
156 DELIVERING PRISONERS from JAIL
ELEMENTS
1. A prisoner/detainee is confined in a jail or
penal establishment, or a hospital/asylum
2. O REMOVES therefrom such person or
HELPS the ESCAPE of such person
O may be
a. an outsider.
b. an ee of the penal establishment
who helps the escape, provided
he does not have custody or
charge of such person
c. another prisoner
If O is a public officer who had the
prisoner in his custody or charge
Infidelity in the custody of a
prisoner (223)

Discharge of firearm should not be aimed at a


person. Otherwise Discharge of Firearm
The act must produce alarm or danger. It is
the result & not the intent that counts.
Charivari includes a medley of discordant
voices, a mock serenade of discordant noises
made on kettles, tins, etc designed to annoy &
insult
If the disturbance is of serious nature
Tumults

157 EVASION of SERVICE of SENTENCE


by ESCAPING during the term of his
sentence
ELEMENTS
1. O is a convict by final judgment
2. serving sentence w/c consists in
deprivation of liberty
Also applicable to Destierro
3. EVADES the service of his sentence by
ESCAPING during the term of his sentence
sentence of deportation

158 EVASION of SERVICE of SENTENCE,


on the OCCASION of DISORDERS
ELEMENTS
1. O is a convict by final judgment who is
confined in a penal institution
2. There is DISORDER resulting from
a. conflagration,
b. earthquake,
c. explosion, similar catastrophe
d. mutiny (in w/c he has not
participated)
3. He EVADES the service of his sentence by
leaving the penal institution on the
occasion of such disorder/mutiny
4. He FAILS to GIVE HIMSELF UP to the
authorities w/in 48hrs following the
issuance of a PROCLAMATION by the Chief
Exec announcing the passing away of such

if he helped the escape while he was


off duty
QC: If the removal/delivery is done by means
of BRIBERY
offender must have employed bribery
as a means (he is not the one who
received or agreed to receive the bribe)
If the crime is committed by the prisoner for
w/c he is confined or serving sentence for
treason, murder, parricide the act of
taking the place of the prisoner in the
prison Accessory
Liability of the PRISONER who escaped:
If he is a DETENTION PRISONER no liability
If he is a CONVICT by fj Evasion of Service of
Sentence

calamity.
QC:
1. By means of UNLAWFUL ENTRY
(SCALING)
2. BREAKING doors, windows, etc
3. Using PICKLOCKS, false keys, disguise,
deceit, violence, or intimidation
4. Through CONNIVANCE w/ other convicts
or ees of the penal institution

159 OTHER CASES OF EVASION OF SERVICE OF SENTENCE


ELEMENTS
1. O was a convict
2. He was granted a CONDITIONAL PARDON by the President
3. He VIOLATED any of the conditions of such pardon
PENALTIES:
a. PC min if penalty remitted does not exceed 6yrs
b. The unexpired portion of his original sentence if the penalty
remitted is higher than 6yrs
Violation of Conditional Pardon is a distinct crime.
O can be arrested & reincarcerated without trial
Period when convict was at liberty is NOT DEDUCTED in case he is
recommitted.

What is punished is not the leaving, but


the FAILURE of the convict to GIVE
HIMSELF UP to the authorites w/in 48 hrs
blah blah.

If the O fails to give himself up increase of


1/5 of the time remaining to be served
under the original sentence (not to exceed
6months)
If he gives himself up deduction of 1/5 of
the period of his sentence
160 COMMISSION of ANOTHER CRIME during the service of
penalty imposed for another previous offense (QUASIRECIDIVISM)
Quasi-recidivism the commission of another felony (special law) by
the convict
a. before beginning to serve sentence or
b. while serving the same