FUTURE CRIMINOLOGIST

CRIMINAL LAW II BOOK II

REVISED PENAL CODE
 TITLE ONE
I. CRIMES AGAINST NATIONAL SECURITY
**Treason(Art. 114);
***Conspiracy and proposal to commit treason
(Art. 115);
***Misprision of treason (Art. 116); and
*Espionage (Art. 117).
Art. 114.Treason
Elements of treason
1. That the offender is a Filipino citizen or an alien residing in
the Philippines;
3. That there is a war in which the Philippine is involved;
4. That the offender either-
a. Levies war against the Government
b. adheres to the enemies, giving them aid or comfort
 What is allegiance?
 It is the obligation of fidelity and obedience, which one owes to the
government under which he lives, in return for the protection he receives.

PERSONS LIABLE FOR TREASON

 Filipino citizens – owe permanent allegiance to the government.
 Resident aliens – owe temporary allegiance to government.
TWO MODES OF COMMITTING TREASON
 BY LEVYING WAR – actual assemblage of persons for the purpose of
executing a treasonable design.
 BY ADHERING TO THE ENEMY, GIVING HIM AID AND COMFORT
 ADHERENCE TO THE ENEMY – a citizen intellectuality
or emotionally favors the enemy and harbors
sympathies or disloyal to his country’s policy or
interest.
 AID OR COMFORT – an act which tends to strengthen
the enemy of the government in the conduct of war
against the government or of the country to resist or to
attack the enemies of the government or of the country.
EVIDENCE NEEDED FOR CONVICTION IN TREASON
1. Testimony of at least 2 witnesses to the same overt act;
2. Confession of guilt by the accused in open court.
WHAT IS THE SO-CALLED TWO-WITNESS RULE?
Under Art.114 of the RPC, no person shall be convicted
of treason except upon the testimony of at least 2 witnesses
by the same overt act or upon his confession in open court.
NOTE : X is a spy and an informer of the enemy. Can X be held liable
for treason?
 Yes, because such acts strengthen the enemy in the conduct of
war.
 X furnished women to the enemy. Does the act constitute treason?
Commandeering of women to satisfy the lust of the enemies or to
enliven the entertainment held in their honor was NOT treason even
though the women and the entertainments helped to make life
more pleasant for the enemies. (People v. Perez, 83 Phil. )
Note :Giving information to or commandeering foodstuffs for
enemy is evidence of both adherence and aid or comfort.
Example:
Supposing during the 2nd World War, A had cooperated
with Japanese soldiers and A was seen by B in the company
of such soldiers burning a certain barrio. A is again seen by C in
the company of the same Japanese soldiers burning again
another barrio. Under these set of facts, if B and C would
testify of what they have respectively witnessed, may A be
convicted of the crime of treason?
Answer:
No, it is not only the number of witnesses or the substance
but at least 2 witnesses should testify on the same overt act,
commission of the same treasonous act at the same place
and at almost the same time. It is not enough that there be
witnesses. It is necessary that the 2 witnesses have testified to
the same overt act. “OVERT ACT” – we mean acts committed
in different places at times far remote from each other, you will
need 2 witnesses to each of those places before a conviction may
be done.
CONSPIRACY AND PROPOSAL TO COMMIT TREASON
Elements of Conspiracy to Commit Treason:
1. There is a war in which the Philippines is involved;
2. Two or more persons come to an agreement to levy war against the
government or to adhere to the enemies and to give them aid or
comfort.
3. They decide to commit it.
Elements of Proposal to Commit Treason:
1. There is war in which the Philippines is involved;
2. The accused has decided to levy war against the Government or to
adhere to the enemies giving them aid or comfort.
3. He proposes its execution to some other person of persons.
NOTE: If actual acts of treason are committed after the
conspiracy or after the proposal is accepted, the crime
committed will be treason. The conspiracy or proposal is
considered as a means in the commission thereof.
If anyone of the conspirators or person participating in the
proposal have already done treasonous act even though
unknown to the others, the crime of all of them will be
treason and not merely conspiracy or proposal.
NOTE: Bear in mind that in conspiracy, there must be
an agreement with concurrence of decision; a
mere agreement without decision is not
conspiracy. So also, a mere proposal without
acceptance, it is not criminal proposal.
There must always be the CONCURRENCE of
these 2 elements. One without the other is not
punishable, even if it refers to treason.
MISPRISION OF TREASON
Elements:
1. Offender must owe allegiance to the Government of the
Philippines;
2. Offender is not a foreigner;
3. He has knowledge of a conspiracy to commit treason
against the said government;
4. He conceals or fails to disclose the same to the authorities
of the province or city in which he resides.
 Misprision of treason - is a felony by omission. The
offender has knowledge of conspiracy to commit treason
but he failed to report it to the authorities AS SOON AS
POSSIBLE.
NOTE: It is not enough that the report be made. What is
required is that it must be reported as soon as possible
The idea here is to make it obligatory on the part of
all citizens of the Philippines to report it to the
government as soon as possible any conspiracy to
commit treason
ESPIONAGE
There are 2 modes of committing espionage under the RPC.
Elements of the first mode:
1. Offender, without any authority enters a warship, naval or
military establishment or reservation, and
2. He obtains information, plans, photographs or other data
of a confidential nature relative to the defense of the
Philippines.
NOTE: The purpose of the offender in entering must be to
get hold of such materials.
 If that is not the purpose, the crime
committed is trespass to government property.
Mere entering here will bring about a
consummated espionage as long as the
criminal intent of the offender is to get hold
of those materials which are vital to the
defense of the Philippines.
Elements of the second mode:
1. Offender is a public officer;
2. He has in his possession articles, data or information referred
to in the first mode of committing this crime; and
3. He discloses their contents to a representative of a foreign
nation.
NOTE: Where the offender is not a custodian, the crime committed
is infidelity in the custody of public records, and it has nothing to
do with national defense of the Philippines, the offender becomes
liable only for infidelity in the custody of public records.
Problem: Aragoncillo, an intelligence officer of the
AFP, accessed the AFP’s computer database and
downloaded pertinent top-secret documents
including among others a report and analysis on
the Scarborough stand-off situation written by a
navy officer. Thereafter, Aragoncillo sent these top-
secret files to a US High Government Official. Did
Aragoncillo commit a crime?
Answer: Yes, Aragoncillo committed the crime of
espionage. The document certainly pertains to
national security. One of the acts punished as
espionage is by unlawfully obtaining information
relating to national defense. In fact, even if the
information was lawfully obtained, if the person
disclosed the information to a foreign
representative without authority, it is still espionage.
(USA vs. Aragoncillo and Aquino D.C. Crim. No. 05-cr-00719)
 II. CRIMES AGAINST LAWS OF NATIONS
Article 118 INCITING TO WAR OR GIVING
MOTIVES FOR REPRISALS
Article 119 VIOLATION OF NEUTRALITY
Article 120 CORRESPONDENCE WITH HOSTILE
COUNTRY
Article 121 FLIGHT TO ENEMY’S COUNTRY
INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS
Elements:
1. Offender commits unlawful or unauthorized acts;
2. Said acts provide or give occasion for war involving or liable to
involve the Philippines or expose Filipino citizens to reprisals on
their persons or property. This is committed by any public
officer or employee who, by unlawful or unauthorized acts
provoke or gives occasion for a war or liable to involve the
Philippines or exposes Filipino citizens to reprisals on their persons
or property. There is no need of war going on. This may be
committed in time of war or time of peace.
VIOLATION OF NEUTRALITY
Elements:
1. There is war in which the Philippines is not involved;
2. Ctentompe authorities have issued regulations to enforce
neutrality; and
3. The offender violates any of said regulations.
There must be a war going on, but the Philippines is not a partly
to the war. It cannot be committed as a crime if the government has
not promulgated rules and regulations for the observance of neutrality.
It is the violation of such rules that brings about the crime of violation
of neutrality.
Article 120 CORRESPONDENCE WITH HOSTILE COUNTRY
ELEMENTS:
1.That it is in time of war in which the Philippines is involved
2.That the offender makes correspondence with an enemy
country or territory occupied by enemy troops
3.That the correspondence is either –
1. prohibited by the government, or
2. carried on in ciphers or conventional signs, or
3. containing notice or information which might be
useful to the enemy
Article 121 FLIGHT TO ENEMY’S COUNTRY
ELEMENTS
1.That there is a war in which the Philippines is involved
2.That the offender (Filipino or resident alien) must be owing
allegiance to the government
3.That the offender attempts to flee or go to enemy country
4.That going to enemy country is prohibited by competent
authority
 Mere attempt consummates the crime
 There must be a prohibition. If none, even if went to enemy country – no violation
 Alien resident may be guilty here.
 What is piracy?
 Piracy- is robbery or depredation in the high seas,
without lawful authority and done with animo furandi
(with intent to steal) and in the spirit and intention of
universal hostility.
In general, what is the nature of the crime of piracy?
****Piracy is a crime against all mankind. Pirates are
in law,
What is the meaning of high seas?
High seas mean any waters on the sea coast which
are without the boundaries of the low water mark
although such waters may be in the jurisdictional
limits of a foreign government, parts of the sea that
are not included in the exclusive zone, in the
territorial seas, or in the internal waters of a state, or
in the archipelagic waters of an archipelagic state.
(UNCLOS)
***Art. 122. Piracy in general and mutiny on high seas or in
Philippine waters :
Two ways or modes of committing piracy
1. By attacking or seizing a vessel on the high seas or in
Philippine waters;
2. By seizing in the vessel while on the high seas or in
Philippine waters the whole or part of it cargo, its
equipment or personal belongings of its complement or
passengers
***Art. 122. Piracy in general and mutiny on high seas or in
Philippine waters :
Two ways or modes of committing piracy
1. By attacking or seizing a vessel on the high seas or in
Philippine waters;
2. By seizing in the vessel while on the high seas or in Philippine
waters the whole or part of it cargo, its equipment or personal
belongings of its complement or passengers
What is mutiny? It is the unlawful resistance to a superior
officer or the raising of commotions and disturbances on
board a ship against the authority of its commander.
***Art. 123. Qualified piracy
Qualifying circumstances:
1. Whenever the offense have seized the vessel by boarding
or firing upon the same;
2. Whenever the pirates have abandoned their victims
without means of saving themselves; or
3. Whenever the crime is accompanied by murder, homicide,
physical injuries, or rape.
 PIRACY
Offenders are strangers
to the vessel. Hence,
offenders are neither
passengers nor crew members.
Intent to gain is an element of
piracy.
Attack from the outside.
MUTINY
Offenders are members of the
complement or the passengers of the
vessel.
Intent to gain is immaterial.
The offenders may only intend to
ignore the ship’s officer or they may be
prompted by a desire to commit
plunder.
Attack from the inside.
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE
STATE
Crimes against the fundamental laws of the State
***Arbitrary detention (Art. 124);
***Delay in the delivery of detained persons to the proper
judicial authorities (Art. 125);
***Delaying release (Art. 126);
***Violation of domicile (Art. 128);
Search warrants maliciously obtained and abuse in the
service of those legally obtained (Art. 129);
Searching domicile without witnesses (Art. 130)
TITLE III. CRIMES AGAINST PUBLIC ORDER
Crimes against public order
***Rebellion or insurrection (Art. 134) ;
Conspiracy and proposal to commit rebellion
(Art.136);
Inciting to rebellion (Art. 138);
***Sedition (Art. 139);
Conspiracy to commit sedition (Art. 141) ;
Inciting to sedition (Art. 142);
Illegal assemblies (Art. 146);
Illegal associations (Art. 147);
Direct assaults (Art. 148);
Indirect assaults (Art. 149);
Alarms and scandals (Art. 155);
Delivering prisoners from jails (Art. 156) ;
Evasion of service of sentence (Art. 157) ;
Evasion on occasion of disorders (Art. 158);
Rebellion or
Insurrection
Coup d' etat
***Rebellion or insurrection (Art. 134) ;
Rebellion or insurrection
 The crime of rebellion or insurrection is committed by
rising publicly and taking arms against the Government for
the purpose of removing from the allegiance to said
Government or its laws, the territory of the Philippine
Islands or any part thereof, or any body of land, naval, or
other armed forces, or of depriving the Chief Executive or
the Legislature, wholly or partially, of any of their powers or
prerogatives.
 What are political crimes?
 Those that are directly aimed against the political order, as well
as such common crimes as may be committed to achieve a
political purpose. The decisive factor is the intent or motive.
Note: Killing, robbing, etc, for private purposes or profit without
any political motivation would be separately punished and would
not be absorbed in the rebellion.
 ****Insurrection- the movement seeks merely to effect some
change of minor importance, or to prevent the exercise of
governmental authority with respect of particular matters of
subjects.
Article 134-A. Coup d' etat / Elements :
1.Offender is a person or persons belonging to the military or
police or holding any public office or employment;
2. It is committed by means of a swift attack accompanied by
violence, intimidation, threat, strategy or stealth;
3.The attack is directed against the duly constituted authorities
of the Republic of the Philippines, or any military camp or
installation, communication networks, public utilities or other
facilities needed for the exercise and continued possession of
power;
4.The purpose of the attack is to seize or diminish state power.
Persons liable for rebellion, insurrection or coup d' etat under
Article 135
1.The leaders –
a. Any person who promotes, maintains or heads a rebellion or
insurrection; or
b. Any person who leads, directs or commands others to
undertake a coup d' etat;
2. The participants –
a. Any person who participates or executes the commands of
others in rebellion, insurrection or coup d' etat;
b. Any person not in the government service who participates,
supports, finances, abets or aids in undertaking a coup d' etat.
Illustration: The acts of accused who is not a
member of the HUKBALAHAP organization of
sending cigarettes and food supplies to a Huk
leader; the changing of dollars into pesos for a top
level communist; and the helping of Huks in opening
accounts with the bank which he was an official, do
not constitute rebellion. (Carino v. People, 7 SCRA 900)
In one case, accused not only confessed his membership
with the Sparrow Unit but also his participation and that
of his group in the killing of policeman Manatad while the
latter was manning the traffic in Mandaue City. It is of judicial
notice that the Sparrow Unit is the liquidation squad of the
New People’s Army with the objective of overthrowing the
duly constituted government. It is therefore not hard to
comprehend that the killing of Manatad was committed, as a
means to, or in furtherance of, the subversive ends of the
NPA. The crime committed is rebellion, not murder with
direct assault. (People v. Dasig, 221 SCRA 549)
Conspiracy and proposal to commit rebellion are two
different crimes, namely:
1. Conspiracy to commit rebellion; and
2. Proposal to commit rebellion.
 There is conspiracy to commit rebellion when two or more
persons come to an agreement to rise publicly and take
arms against government for any of the purposes of
rebellion and decide to commit it.
 There is proposal to commit rebellion when the
person who has decided to rise publicly and take
arms against the government for any of the
purposes of rebellion proposes its execution to
some other person or persons.
Disturbance of proceedings / Elements:
1. That there is a meeting of the National Assembly or any
of its committees or subcommittees, constitutional
commissions or committees or divisions thereof, or of any
provincial board or city or municipal council or board;
2. That the offender does any of the following acts:
a. He disturbs any of such meetings;
b. He behaves while in the presence of any such bodies
in such a manner as to interrupt its proceedings or to
impair the respect due it.
 Disloyalty to public officers or employees (Art. 137);
Disloyalty of public officers or employees
Acts punished:
1. By failing to resist a rebellion by all the means in their
power;
2. By continuing to discharge the duties of their offices
under the control of the rebels; or
3. By accepting appointment to office under them.
Note: Offender must be a public officer or employee.
Inciting to rebellion or insurrection
Elements:
1. That the offender does not take arms or is not in open
hostility against the government;
2. That he incites others to the execution of any of the
acts of rebellion;
3. That the inciting is done by means of speeches,
proclamations, writings, emblems, banners or other
representations tending to the same end.
 Rebellion - requires a public uprising,
 Coup d’etat - may be carried out singly or simultaneously
and the principal offenders must be members of the
military, national police or public office, with or without
civilian support.
 The criminal objective need not be to overthrow the
existing government but only to destabilize or paralyze
the existing government.
Note: Rebellion is a continuing crime along with the crime of
conspiracy or proposal to commit rebellion.
 In rebellion, it is not a defense that the accused never
took the oath of allegiance, or that they never recognized
the government.
Article 139. Sedition / Elements:
1.Offenders rise publicly and tumultuously;
2.Offenders employ force, intimidation, or other means
outside of legal methods;
3.Purpose is to attain any of the following objects:
a. To prevent the promulgation or execution of any law or
the holding of any popular election;
b. To prevent the national government or any provincial or
municipal government, or any public officer from
exercising its or his functions or prevent the execution of
an administrative order;
c. To inflict any act of hate or revenge upon the
person or property of any public officer or
employee;
d. To commit, for any political or social end, any
act of hate or revenge against private persons or
any social classes;
e. To despoil for any political or social end, any
person, municipality or province, or the national
government of all its property or any part thereof.
Article 141. Conspiracy to Commit Sedition
In this crime, there must be an agreement
and a decision to rise publicly and
tumultuously to attain any of the objects of
sedition.
Note: there is no proposal to commit
sedition
Article 142. Inciting to Sedition / Acts punished:
1. Inciting others to the accomplishment of any of the
acts which constitute sedition by means of
speeches, proclamations, writings, emblems, etc.;
2. Uttering seditious words or speeches which tend
to disturb the public peace;
3.Writing, publishing, or circulating scurrilous libels
against the government or any of the duly
constituted authorities thereof, which tend to disturb
the public peace.
Elements:
1. Offender does not take direct part in the crime of
sedition;
2. He incites others to the accomplishment of any
of the acts which constitute sedition; and
3. Inciting is done by means of speeches,
proclamations, writings, emblems, cartoons,
banners, or other representations tending towards
the same end.
Article 146. Illegal Assemblies
Acts punished:
1.Any meeting attended by armed persons for the
purpose of committing any of the crimes punishable
under the Code; Elements:
1.There is a meeting, a gathering or group of persons,
whether in fixed place or moving;
2.The meeting is attended by armed persons;
3.The purpose of the meeting is to commit any of the
crimes punishable under the Code.
2. Any meeting in which the audience, whether armed
or not, is incited to the commission of the crime of
treason, rebellion or insurrection, sedition, or
assault upon person in authority or his agents.
1. There is a meeting, a gathering or group of
persons, whether in a fixed place or moving;
2. The audience, whether armed or not, is incited to
the commission of the crime of treason, rebellion or
insurrection, sedition or direct assault.
 Illegal associations(Art. 147);
What are illegal associations?
1. Associations totally or partially organized for the purpose
of committing any of the crimes punishable under the
Code;
2. Associations totally or partially organized for some
purpose contrary to public morals.
Persons liable for illegal association:
1. Founders, directors and president of the association;
2. Mere members of the association.
Violation of parliamentary immunity
Acts punished:
1. By using force, intimidation, threats, or frauds to
prevent any member of Congress from attending
the meetings of Congress or of any of its
committees or subcommittees, constitutional
commissions or committees or divisions thereof, or
from expressing his opinion or casting his vote;
 Violation of parliamentary immunity (Art. 145);
Elements:
1. That the offender uses force, intimidation, threats or
fraud;
2. That the purpose of the offender is to prevent any
member of Congress from:
a. attending the meetings of the Congress or of any of
its committees or constitutional commissions, etc.;
b. expressing his opinion; or
c. casting his vote.
2. By arresting or searching any member thereof while
Congress is in regular or special session, except in case such
member has committed a crime punishable under the Code by a
penalty higher than prision mayor.
Elements:
1.That the offender is a public officer of employee;
2.That he arrests or searches any member of Congress;
3.That the Assembly, at the time of arrest or search, is in
regular or special session;
4.That the member arrested or searched has not committed a
crime punishable under the Code by a penalty higher than
prision mayor.
 Direct assaults (Art. 148);
 Indirect assaults (Art. 149);
 Disobedience to summons issued by Congress, its
committees, etc., by the constitutional commissions, its
committees, etc. (Art. 150);
 Resistance and disobedience to a person in authority
or the agents of such person (Art. 151);
 Tumults and other disturbances of public order (Art.
153);
 Unlawful use of means of publication and unlawful
utterances (Art. 154);
 Alarms and scandals (Art. 155);
 Delivering prisoners from jails (Art. 156);
 Evasion of service of sentence (Art. 157);
 Evasion on occasion of disorders (Art. 158);
 Violation of conditional pardon (Art. 159); and
 Commission of another crime during service of
penalty imposed for another previous offense
(Art. 160).
Article 148. Direct Assault / Acts punished:
1.Without public uprising, by employing force or
intimidation for the attainment of any of the purposes
enumerated in defining the crimes of rebellion and sedition;
Elements:
1. Offender employs force or intimidation;
2. The aim of the offender is to attain any of the purposes of
the crime of rebellion or any of the objects of the crime of
sedition;
3. There is no public uprising.
2. Without public uprising, by attacking, by employing force or
by seriously intimidating or by seriously resisting any person
in authority or any of his agents, while engaged in the
performance of official duties, or on occasion of such
performance.
Elements:
1.Offender makes an attack, employs force, makes a serious
intimidation, or makes a serious resistance;
2. The person assaulted is a person in authority or his agent;
3.At the time of the assault, the person in authority or his agent is
engaged in the actual performance of official duties, or that he is
assaulted by reason of the past performance of official duties;
4. Offender knows that the one he is assaulting is a person in
authority or his agent in the exercise of his duties.
5. There is no public uprising.
 Illustration: In one case, when the victim
intervened to prevent a violent encounter between
the accused and the Ramos group, he was
discharging his duty as Barangay Captain to
protect life and property and enforce law and order
in the barrio,
thus, the assault resulting in his death is homicide
with direct assault.(People v. Rillorta, 180 SCRA 102)
Article 149. Indirect Assault
Elements:
1. A person in authority or his agent is the victim of any of
the forms of direct assault defined in Article 148;
2. A person comes to the aid of such authority or his agent;
3. Offender makes use of force or intimidation upon such
person coming to the aid of the authority or his agent.
Note: The victim in indirect assault should be a
private person who comes in aid of an agent of a
person in authority. The assault is upon a
person who comes in aid of the person in
authority.
The victim cannot be the person in authority or
his agent.
Note: There is no indirect assault when there is
no direct assault.
NOTE: when any person comes in aid of a person in
authority, said person at that moment is no longer a
civilian he is constituted as an agent of the person in
authority.
If such person were the one attacked, the crime
would be direct assault.
 Direct assaults (Art. 148);
 Indirect assaults (Art. 149);
 Disobedience to summons issued by Congress, its
committees, etc., by the constitutional commissions,
its committees, etc. (Art. 150);
 Resistance and disobedience to a person in authority
or the agents of such person (Art. 151);
 Tumults and other disturbances of public order (Art.
153);
 Unlawful use of means of publication and unlawful
utterances (Art. 154);
 Alarms and scandals (Art. 155);
 Delivering prisoners from jails (Art. 156);
 Evasion of service of sentence (Art. 157);
 Evasion on occasion of disorders (Art. 158);
 Violation of conditional pardon (Art. 159); and
 Commission of another crime during service of
penalty imposed for another previous offense
(Art. 160).
Article 148. Direct Assault / Acts punished:
1.Without public uprising, by employing force or
intimidation for the attainment of any of the purposes
enumerated in defining the crimes of rebellion and sedition;
Elements:
1. Offender employs force or intimidation;
2. The aim of the offender is to attain any of the purposes of
the crime of rebellion or any of the objects of the crime of
sedition;
3. There is no public uprising.
2. Without public uprising, by attacking, by employing force or
by seriously intimidating or by seriously resisting any person
in authority or any of his agents, while engaged in the
performance of official duties, or on occasion of such
performance.
Elements:
1.Offender makes an attack, employs force, makes a serious
intimidation, or makes a serious resistance;
2. The person assaulted is a person in authority or his agent;
3.At the time of the assault, the person in authority or his agent is
engaged in the actual performance of official duties, or that he is
assaulted by reason of the past performance of official duties;
4. Offender knows that the one he is assaulting is a person in
authority or his agent in the exercise of his duties.
5. There is no public uprising.
 Illustration: In one case, when the victim
intervened to prevent a violent encounter between
the accused and the Ramos group, he was
discharging his duty as Barangay Captain to
protect life and property and enforce law and
order in the barrio,
thus, the assault resulting in his death is homicide
with direct assault.(People v. Rillorta, 180 SCRA 102)
Article 149. Indirect Assault
Elements:
1. A person in authority or his agent is the victim of any of
the forms of direct assault defined in Article 148;
2. A person comes to the aid of such authority or his
agent;
3. Offender makes use of force or intimidation upon such
person coming to the aid of the authority or his agent.
Note: The victim in indirect assault should be a
private person who comes in aid of an agent of a
person in authority. The assault is upon a person
who comes in aid of the person in authority.
The victim cannot be the person in authority or his
agent.
Note: There is no indirect assault when there is no
direct assault.
NOTE: when any person comes in aid of a person
in authority, said person at that moment is no
longer a civilian he is constituted as an agent of the
person in authority.
If such person were the one attacked, the crime
would be direct assault.
****Examples of persons in authority:
1. Municipal mayor;
2. Division superintendent of schools;
3. Public and private school teachers;
4. Teacher-nurse;
5. President of sanitary division;
6. Provincial fiscal;
7. Justice of the Peace;
8. Municipal councilor;
9. Barrio captain and barangay chairman.
Disobedience to summons issued by the Congress, its
Committees or Subcommittees, by the Constitutional
Commissions, its Committees, Subcommittees or Divisions
Acts punished:
1.By refusing, without legal excuse, to obey summons of
Congress, its special or standing committees and subcommittees,
the Constitutional Commissions and its committees,
subcommittees or divisions, or by any commission or committee
chairman or member authorized to summon witnesses;
2.By refusing to be sworn or placed under affirmation while being
before such legislative or constitutional body or official;
3. By refusing to answer any legal inquiry or to
produce any books, papers, documents, or records in
his possession, when required by them to do so in the
exercise of their functions;
4. By restraining another from attending as a witness
in such legislative or constitutional body;
5. By inducing disobedience to a summons or refusal
to be sworn by any such body or official.
Resistance and disobedience to a person in authority or the
agents of such person
Elements of resistance and serious disobedience under the first
paragraph:
1.That a person in authority or his agent is engaged in the
performance of official duty or gives a lawful order to the;
2.That the offender resists or seriously disobeys such person in
authority or his agent;
3.That the act of the offender is not included in the provision of
Articles 148, 149 and 150.
Elements of simple disobedience under the second
paragraph:
1. That an agent of a person in authority is engaged in
the performance of official duty or gives a lawful order to
the offender;
2. That the offender disobeys such agent of a person in
authority;
3. That such disobedience is not of a serious nature.
offender
What are the crimes classified under public
disorders?
1.Tumults and other disturbances of public order
(Art. 153).
2.Unlawful use of means of publication and
unlawful utterances (Art. 154).
3.Alarms and Scandal (Art. 155)
4.Delivering prisoners from jails (Art. 156).
Meaning of “outcry”.
The word “outcry” in this article means to shout
subversive or provocative words tending to stir up the
people to obtain by means of force or violence any of the
objects of rebellion or sedition.
Tumultuous, defined.
The disturbance or interruption shall be deemed to
be tumultuous if caused by more than three persons who
are armed or provided with means of violence.
 Acts punished:
1.Causing any serious disturbance in a public place, office or
establishment;
2.INTERRUPTING OR DISTURBING PERFORMANCES, functions
OR GATHERINGS, OR PEACEFUL MEETINGS, IF THE ACT IS
NOT INCLUDED IN ARTICLES 131 AND 132;
3.Making any outcry tending to incite rebellion or sedition in any
meeting, association or public place;
4.Displaying placards or emblems which provoke a disturbance
of public order in such place;
5.Burying with pomp the body of a person who has been legally
executed.
Unlawful use of means of publication and unlawful utterances
Acts punished:
1. Publishing or causing to be published, by means of
printing, lithography or any other means of publication, as
news any 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
constituted authorities or 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 or document
without proper authority, or before they have
been published officially;
4. Printing, publishing or distributing (or
causing the same) books, pamphlets,
periodicals, or leaflets which do not bear the real
printer’s name, or which are classified as
anonymous.
Article 155. Alarms
and Scandals
Article 155. Alarms and Scandals
Acts punished:
1.Discharging any firearm, rocket, firecracker, or other
explosive within any town or public place, calculated to
cause (which produces) alarm of danger;
2.Instigating or taking an 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, provided Article 153 in not
applicable.
If a firearm is discharged, what are the crimes that
may possibly arise?
 Alarms and scandals – If the offender discharges a
firearm in a public place but the firearm is not
pointed to a particular person when discharged.
 Illegal discharge of firearm – If the firearm was
directed to a particular person who was not hit if
intent to kill is not proved.
 Physical injuries – If the person was hit and
injured but there was no intent to kill.
 Grave coercion – If the threat was directed,
immediate and serious and the person is compelled
or prevented to do something against the will.
Note: The discharge may be in one’s home since the
law does not distinguish as to where in town.
The discharge of firearms and rockets during town
fiestas and festivals are not covered by the law
Attempted homicide or murder – If the person
was hit, automatically, the crime is attempted
homicide or murder, if there is intent to kill.
Note: When a person uses lethal weapon against
another, such as firearm, intent to kill is inherent.
 Physical injuries – If the person was hit and
injured but there was no intent to kill.
 In this connection, understand that it is not necessary that the
offended party be wounded or hit. Mere discharge of firearm
towards another with intent to kill already amounts to
attempted homicide/murder/parricide. It can not be
frustrated because the offended party is not mortally
wounded.

 In Araneta v. Court of Appeals, it was held that if a person is

shot and is wounded, the crime is automatically attempted
homicide. Intent to kill is inherent in the use of the deadly
weapon.
***What is charivari? -Charivari is a mock serenade of
discordant noises made of cans, pans, kettles, tins, horns
etc. designed to annoy and insult. This brings about the
crime of alarms and scandals.
Actually, it is producing noise, not music and so it also
disturbs public tranquility. Understand the nature of the
crime of alarms and scandals as one that disturbs public
tranquility or public peace. If the annoyance is intended for
a particular person, the crime is unjust vexation.
Article 156. Delivering Prisoners from Jail
Elements:
1.There is a person confined in a jail or penal
establishment;
2.Offender removes therefrom such person, or helps
the escape of such person.
Penalty of arresto mayor in its maximum period to
prision correccional in its minimum period is imposed if
violence, intimidation or bribery is used.
Penalty of arresto mayor if other means are used.
Note:
1. If committed by private individual or public official not in
custody with the prisoner.
2. Detention or sentence prisoner
3. If the offender is a public officer who is actually and
presently in custody or charge of the prisoner, (e.g. a guard
on duty) he is liable of for infidelity in the custody of a
prisoner.
4. If the delivery of the prisoner was committed through
bribery, the briber commits corruption of the public officer
under Art. 212 and delivering prisoner form jail.
Illustration: As long as the person who was assisted
in his escape is a prisoner, whatever means is
employed by the person who removed him from jail,
is punishable under this law. If a twin brother of a
prisoner helped the latter escape by substituting
himself, and because of their very similar appearance
was not at once noticed by the guard, that twin brother
is liable.
Even if the prisoner returned to jail after several hours,
the one who removed him from jail is liable. So that if A,
pretending to be an NBI agent, asked the jailer of
prisoner B to turn the latter over him on the pretext
that he (A) will investigate the prisoner, but after several
hours of drinking liquor with B in a store, returned the said
prisoner to the jailer,
A is criminally liable under this article.
Article 157. Evasion of Service of Sentence
Elements:
1. Offender is a ***convict by final judgment;
2. He is serving sentence which consists in the deprivation
of liberty;
3. He evades service of his sentence by escaping during
the term of his imprisonment.
Note: Does not applicable to detention prisoner
or detainee.
Qualifying circumstances as to penalty imposed If
such evasion or escape takes place –
1. By means of unlawful entry
2. By breaking doors, windows, gates, walls, roofs or
floors;
3. By using picklock, false keys, disguise, deceit,
violence or intimidation; or
4. Through connivance with other convicts or
employees of the penal institution.
Evasion of service of sentence has three forms:
1.By simply leaving or escaping from the penal
establishment under Article 157 ;
2.Failure to return within 48 hours after having left
the penal establishment because of a calamity,
conflagration or mutiny and such calamity,
conflagration or mutiny has been announced as
already passed under Article 158;
3.Violating the condition of conditional pardon
under Article 159.
Article 158. Evasion of Service of Sentence on the Occasion of
Disorders, Conflagrations, Earthquakes, or Other Calamities
Elements:
1. Offender 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; or
d. similar catastrophe; or
e. mutiny in which he has not participated;
3. He evades the service of his sentence by
leaving the penal institution where he is confined,
on the occasion of such disorder or during the
mutiny;
4. He fails to give himself up to the authorities
within 48 hours following the issuance of a
proclamation by the Chief Executive announcing
the passing away of such calamity
 ****Suppose Michael was convicted of robbery and he is
serving his sentence in Muntinlupa. Together with his friends,
Sarah and the jail warden, Z hatched the plan of escaping
from the prison facility which eventually materialized.
Determine the criminal liability of Michael, Sarah and Z.
Sarah, a stranger or an outsider is liable for delivery of
prisoner from jail.
Z, the jail warden committed the crime of infidelity in the
custody of prisoners;
Michael is liable for the crime of evasion of sentence.