‘Foun Beda College af Lito 2011 GENTRALIZED BAR OPERATIONS false affidavit, the erie punished by this arfala CANNOT ba compioxad but will bo a sepwala crime from parjury sinca the Bonalty horain provided shall be IN ADDITION TO the panatty af pojury. © Avseareh wamant shall ba valid for tan (10) days from ts dato, Instances when a warranties search and salzure Is alld 1. Consantad saarchas; 2. Asan incident to alawlul aneet; 3. Searches of vassals and aimraft for violation af immigration, customs, and drug laws: 4. Searches af moving vehicles; 5. Searches af aviomeblas at borders or constructive berdars: 6. Whare the prohibited articles ara in “plain 7, Searches of buildings and premises to enforce fre, sankary, and building ‘regulations; and 4, ‘stop and frisk* operations. (People v. Lopez GA No. 181747 Sepiomber 29, 2008) Note: Tho officer, refused admittance to the placa of dielad sanrch aller giving rotico of his purpose and authority, may break oper ‘any outar or inner doar or window af a hou ‘or any part of a house er anything tharain to axacute tha warrant or arate himealt or any Person lawluly aiding him when unlawfully datained thamin. (Sec. ?, Fula 126, Fules of Gout ARTICLE 130 ‘SEARCHING DOMICILE WITHOUT WITNESSES, laments: 1. That the offender is a public officer or amployeo; 2. That ha searches the domicile, papers or other belongings of any person; 9, That he is armad with a warrant; 4, That tho owner or any mambor of his family or 40 winesses residing in the ‘same locality a10 nat present. + Tho papers or otharbalangings must ba in tha dwalling a! their ovmar at tha tima the soarchis made. * Art. 130 doas NOT apply to soarchas of vahidlas or athar maans of transportation, © Saarch without warrant under tha Tarif and Custams Code does not inchda a ‘dwotling houso, ‘SECTION THREE: PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS ARTICLE 131 PROHIBITION, INTERRUPTION, & DISSOLUTION OF PEACEFUL MEETINGS Acts Punished: 1. Peohidtting, interupting or dissoMing: ‘without legal ground the hating of a paacelul meeting: 2 Hinderng any person trom pining any lawful assaciation a from attanding any at ts matings: 3. Prohibiting or hindering any person from adtiressing, either alone or together with ‘others, any petition to the authorites for the corecton of abuses or redress of sgrevances. Cammon element 1, Thal the offender fs a publi officer: 2 That he parforns any of tha acts mantionad above ‘© Fant t0 conduct paaealul meating is rot abeolua, Ii may ba regulated by ine police pow? of tho sialo, Howover, thera is & ‘gal ground to pron whan the cangar is inmeant ard tha avi 13 Ba praventad is sortous one. «Tha olfondor must ba a stranger, and not a pariepant. 1 the allendar ts a partpant, the ene commited ts unjust Nexaton + Inerripting and dissolving the reating of ‘municipal counell by 2 publ offer ts 2 Grime “again! a legelalve. body, not punished under An. #31 but undar. Avt a3 and 144 «Ih offondar is a priata-indhidual, tho yma is disturbance of pubis order under Mag 152 “Ag SECON Foun: Crimes AGAINST, ye ee Se Y | anthate 132 Ra INTERRUPTION oreo WORSHIP ye ema, - That od liendar 1a ic! offer” or 2 Senn ‘es Sieh rmanfontaigns of any calgion @ shout Yo {aka place.prare going or 3, That the same © Qualfiad by violence or thraate a5,CRIMINAL LAW BOOK TWO + It the prahibtion or dsturbance is commiiod only in a meeting or raly of a Sec, would be punishabla undar Aq, 131, ARTICLE 133 OFFENDING RELIGIOUS FEELINGS. Elamonta: 1. That tha acts complained ot ware porlormed: 4. Ina place dovatat ta iigious worship (ot necassary thal there ka religious worship}: or b. During the celebration of any eigious coremany; 2. That the acts mustbe notorausly alfansive tothe feelings ofthe faitiul Aoligious ceremanies ~ are those religious acts perlormed outside of a church, such as Procession and special prayers for burying dead person “Aets notortously offensive to the feelings ofthe faith at” Tho acts must be direciad agains! rwigious practice or dogma or rhual fer tha purpose of tideula, ag mocking or scalfing ator atfompling to damaga an object of roligious vanaration, + May ba commited by a public alficar or a privato individual + Offansa of Inaling i& judjed from compiainant’s point of wew. + Thera must ba daibarate intent to hurt the foaings af the taithtul Teas (sy teenie dais ARTICLE 134 REBELLION/ INSURRECTION Elemant 1. That there be: Public upasing; and b. Taking up of arme againet the govemment, Farthe purpose ot: a, Removing trom the allegiance to said Govornmort o¢ its laws: |. Tha lamtory of the Philppings, or any part thereat or i. Any body ef land, naval or other armed teroas: or b, Doprhing tha Chiat Executva or Congress, wholly oF partially, of any of thelr powers of prerogatives. + I the act is 10 daprve the Judiciary of tts power or proropatvas, the edmo ‘committed is sedan, Rebellion - mor fraquentty used whare the ‘abject of tha mavamant is 10 complaloly overthrow and supersede the _axisting govarnmant, 11is. crime of ha massas, of the ‘Multtuda, |! ts a vast mavamant of man and a complex nolwark of intriques and plots Purposa of tha uprising must be shown, without evidence to indeala the matve of Burpose of the accused doas nat constitute tabalion. It may coretitute other crimes tke ‘sedition ar kidnapping Insurrection = mom commanly employed in reference to a movement which seake meroly to alfact same change of minor importance, or 1 proven tha axacise of govemmental authorty wih respect to particular manors or subjects, Note: ACTUAL CLASH with the armad fowos at tne Goverment is NOT nacessary to ‘conve! the accused whe is in conspiracy with others actually taking ams against the governmant. “To remove from the | Vielabon by & aubyect of aieyans io sad |hs akeyarce © his ‘govTor fe laws the | soveregn ar to the ‘emilory of he Pris, | supreme authority of the ‘Or ary body at | Side. land, naval or otter armed forces; To deprive the ad Paget; oy D(By) adhesirg wei she | pemes, ie ia a mies inoatea,) af feast fa" theNnlime over cont sd in openSan Beha College of Late 2011 CENTRALIZED BAR OPERATIONS Blomants of coup a 1 2 Giving aid and comiort is not eriminal in rebellion Persons acting as couriers or spies lor rebols are guily of rebetion, Moro silonoa ragarding the presence of ebals daspila knowadge of a rebolion i nol punichable. Rebolton cannat ba complaxed with, bet absorbs other crimes cammited in tutherance of rebaitous movement. There 's no complet crime of robelion with murdor and olhar gommon snmes, whelhor such ermas ara punishabla under a seca tw or ganaral law (APG) provided that such crimas ara commited in furtherance or in pursuancs ol the movement to overthrow the government. (Ponce Enrie v. Amin, @ A. No. 93235, September 13, 1990, ARTICLE 194-8 COUP D'ETAT “That the offender « a porson or parsons belonging 12 miliary oF polea or holding any puble office or employment, That ti commited by means of a swift alla, accompaned by violence, intimeiaion, threat, stalegy, or staath; That the stack i dimeted against duly consiiuled authorties af ine Rlapuble. of the Philppines oF any mitary camp, of instataton, or communcaton networks, ‘pubIC Uilltes oF othor facies noaded for the exerciea and conieved peseastion ol Bowor: ‘Thal the purpate of the attack is le sek ‘or diminish state power, Tha cima of cow qotat may bo commited wth or without evan Participation. Sta Power inckudes powor ol tho President, Legislative and Judicial Pawer, including police power. Under Section 3 at the Human Security ‘Act of 2007 4 person who commits an act punishable as cap delat inckxfing acts committed by private persons, thereby sowing and cresting a condition at widespread and extraonfinary tear and panic amang the populace, in oriar to ‘coerce the gavemmant to ge in to an uniawul demand shall ba guity of ‘errariem Cs GlerdesNo qualia ‘iar. Pregl cllendars mast balorg & the manary or pafes, or ht any pubic ‘eben "oF employmont, wh or who cian spp Pupese Te evetivon the goremment Pupme: To databine he. goenment of sdrrinich da power. Execs! Pb upreing ard taking up ot ama agains! the ‘government, Eases: Swi ata accompanied by ‘wolence, irtmiaton, Nreat aratege oF momin dwected ayaa! ‘ne goverment o any mitary came at Irstalafon or sommarication efworks, pubic uf fies r ofher lacdites nesded! for he exercise and ‘continued possession of poner ARTICLE 135 PENALTY FOR REBELLION OR INSURRECTION OR COUP D'ETAT Persons lable for rebellion, Insurrection andlor coup d'etat © The leaders — > Any parson who a. Promotes; b. Maintains: oF © Heads a rebellion or insurrection; er Any porson who - a. Loads; b. Directs; or © Commands others to undartake eeu aetat: + The paticpanis ~ ® Any persan who. 1. Pa or ay ‘Sy 2 Executes the commands of others, + “Xy intebetion,orinsucecton: ON Sky péeion fi fie gStémnent atten ‘ate I S Ub Par : OF 4 7 Eaadns Aaeiore or comes Jaf ihets in undertaking 2-cou ‘datat, | i \ a! ® Any%petson not % pwyovmitent 87CRIMINAL LAW BOOK TWO Who shall be deemed the leader of the rebelilon, Insurrection of coup o’etat In cage be ls unknown? ‘Any parson who in Inet: 4. Directed the otters, 2° Spaka for tham, 3 Sqnad recopis and other documents ‘saved in thai nama, or 4. Parlormad similar acts, on bahal! of tha tabale. + Boing a mare assictant to a principal, guilty Gt mbelion and punishable under the second paragraph af Art, 135 is a aricipant in the commission of Rebelion. (Pecpla v. Lava, 28 SCRA 72 /1988)) Political Crlmes — in conrast to common crimes, ara those directly aimed against the poliical ordor, as wall as such common erimes 25 may ba comminiad to achieve a palical purpose, The decisive factor is the iment or mote, + Killing, rbbing, alc, for privala purposes OF protit, without any poltical matwation, would ba saparatoly punished and would no! be absorbad in the rebellion, (Pagpte vg, Geronimo, of a, 100 Phil 99 {1 956) ARTICLE 136 CONSPIRACY & PROPOSAL TO COMMIT REBELLION, INSURRECTION ‘OR COUP D ETAT Two Crimes penalized under this article: 1. Conspiracy to commit raballion, and 2 Propasal 10 commit rebation Conspiracy ta commit rebeition when Mo Cor more persons came fo an agreement to rise publicly and taka ame against the Goverment for any of the purporas of ‘@bolion and dacid io cammitit Proposal 10 commit rebellion — whon the person wha has decidad to risa publicly and {aka arms against tha Govarnmant for any of the purposes of reballion proposas iis ‘exocution fo some othor parson oF parsons ‘+ Thies am instanoa whave tho law punishos proparaiory acts, ARTICLE 137 DISLOYALTY OF PUBLIC ‘OFFICERSVEMPLOY EES ‘Acts Punished 1. Falling ta resist a rabellion by all means in their power, 2, a ‘Continuing te discharge the duties of thelr ‘office undor the contiol of the rebels: Azcopling appoinimant to olfice undar the ‘abols, ‘Ths ollondar must ba a puble officer or ‘ampioyaa, ‘The crima presupposes the existence of aban by cthar parsons; tha offandar ‘must not bo in conspiracy with the rabels; ‘atharwisa, ne himsait wil also ba guity of rebellion ARTICLE 138 INCITING TG REBELLION/ INSURRECTION Elements: ‘That the offender does not take up arms or isnot in opan hostility against the ‘Governmant ‘That he incitas others to the execution of anya! the acis ot reballion; That tha inewing is done by means of spooehes, —praciamalions, writings, gmbloms, — banners or thar ‘tepresaniations {SPWEBO) tonding to the ‘sama ond, In bom cmes, the otlendar iruces anatier to emma reboton, fine perton wha] ti nol required thal te proposes has decided to| offender has decided to commit tebetion. comma tebetion, me person who|The act of inging is proposes the emaytion | dori publ, fol the crime uses secret Mote: In both, ine Giiea of rebelion should not be Jathsily commited by the porsens to whom i i ecossed or tho are cid, rebetien becausa of the prensa er ineing (ee Proponent or the ore nding may become Princaal by ncecemant the cs vobetian> 1 they commit Elements.) > Be ‘Thatttio-otfendors sds 5 Py a. Publelysand |e. b Tumpnauey: “Sor That Whey jomplay force, Intinfdalion, or thor eg eit og nate: That tho eana to AtaWeEHFeotethe, Talon Sete NS "Sous Beda College of Laty 2011 CENTRALIZED BAR OPERATIONS a To prevent the promulgation ot ‘execution of any faw or tha hoksing of any popular election: ®. To prevent the government of any pubic offcer trom heey axerasing ts or his luncions, or prevent the execution ol any Administrative Order, To infiet any act cf hate or revengo upon the person or property of any publ officer or employee: 6. To comma, lor any paitical or social end, any act ol fate or revenge against priate persons o any socal class: ©. To despod for ary politcal or social end, any person or the government af al its property of any pan thereal. ‘Tumulluous — il eaused by more than three parsons who are armed or provided wath tha means ol violanco Inboth there must be public uprang, eilicien fat fe] Thee must be ukeg v7 bic uring alt ame at fumatuaus, Govermnant. The puma al fhe| The purpose & aways Jofienders may —be| polacal, politcal or sexi Not necesexiy aganci| Aways aganst fe he grvemmert gvemmert In ts more generallin ts moe general sense, the radrg of seree, it the violation common ors or by 2 sbedt ‘ot hs datrtarces i the|akgance he see. = * Public upisng and an objec of sedition must concur. © In sodition, is immaterial & the objective be completely attained. * More publc uprising for any of the ebjectve mentoned in Art 139 ie (punishable, Note: Common Crimes are NOT absorbed in tho crime of susiton. Gmroral Aulo: Common Comes ae NOT absorbed in sadi len, Exception: However, sediion absorbs the use of unlicansed frearms as an element ineroo!, Pursuant to PA B24, ARTICLE 140 PENALTY FOR SEDITION 1. The leader of the sedition; 2. Other parsons participating in the sedition, ARTICLE 141 CONSPIRACY TO COMMIT SEDITION = Only Conspiracy to commit saditon Punishabla and not proposal 0 commit sedition. © Thora must bo an agreamant both te attain fan abject of sadiion and to rise publely and tumuliuausyy ARTICLE 142 INCITING TO SEDITION ‘Acts Punithad: 1, leeting others 19 commit sedition by means of | speachas, proclamations, wwelings, emblams cartoons, banners, of ofer ropresantations tonding to the sama 2. Unering seditious words or speeches Which {ond fo disturb the: pubie peace: 3. Woting, publishing, or cioulating seurrdous ols agains! the Govarnmant at any of ts duly constiuted authoriies, 4. nowingly concoallng such evi practces. ‘Scurrllous ~ maans vukjar, mean, foul Elements of acina. 1. That fha offondor doos not taka deci part inthe crima of eadtion; 2. Tha to incias thos tthe accomplishmant of any of tho acts whch constitute sedtion; 3. That tha ineting s.cona.by moans ot spoachas,©" proslamatione, wrtings, Swmbioms,earoons, banners, oF othory~ “ebrésertations janding tothe sama end, S Acts noe.2'&'3 punishable when: > 1. Thay tind to distur or obstruct any Lact eee tha functions of hia fica? 7 2. Sees. maybe unlawhul purposed t7 3. Thep>}sugest oF, | obalious ase ety Ye 4, They dead. or fond to ‘he, pack against nd nl uarosor Geil tna peace afitha commun jesalety and orderot tha Bo C 89CRIMINAL LAW BOOK TWO Flutes relat ve 1 wediious words Clear and present dangor rule Hh ts required that there must be reaconabla ground to boliave that the dangar apprehanded is imminant and that tha evi fo ba pravaniad ig 2 serious ona, Thara must ba the probabllly of serous Injury to the Stata + Dangerous tendency rule Thora if inciting ta section whan tho words uttered or published could easily produce disaffection among the people and a state of faaling in them incompatible wit 2 dispostion 10 romain loyal to the Government and obedient to the laws. The dangarous tendency nila is generally adopted in the Philppinas. Reasons why seditious umerances are prohibited: If the Sta were compalied to wait until the apprehended danger became cemain, then Its ‘ight to protec! tsa’ wauld came into Being simutandously wih the ovarthvow ef the Govommont, when hero would ba nathor prosecuting alleers nor eaurls for the ‘enforcement of ha Law, Pa eee lela a CW Clie EES TE) SECTION ONE: CRIMES AGAINST LEGISLATIVE BODIES AND SIMILAR BODIES ARTICLE 143 ACTS TENDING TO PREVENT THE MEETING OF THE ASSEMBLY AND SIMILAR BODIES: laments: 1. That there be a projected or actual ‘meeting of the National Assembly or any ol tts commitiaes or subcommitoes, constitutional commissions or commitiaes or divisions thereo!, oF al any provincial board oretty or municipal eaunci or board; 2, That the olfendor, who may bo any porkon, prevents such meating by fore or fraud. + Foren rofermad to here is one that produces an injury on tha parson of another, and fraud invohos faisfcstion. Thus, physical injurlos ‘and fais fication wil bo complaxed as a nacassary maans to commit this crime. ARTICLE 144 DISTURBANCE OF PROCEEDINGS Elomanta: 1, That there be a masting af Congress or any af ts commiloos er subeammitions, ‘constitutional commissions or commiiaas ‘or dWiions tharaol, ar any provincial (board or city ar municipal caunci ar board; 2. Thatthe affandar dons any of tha following acts: a. Hedieturbs any ol uch meetings: b. Hoe behaves while in tha presanco of any such bodies in such 2 mannar as to interrupt its proceedings or to impair the mepect due It + Complain must be fad by 2 mamber of the legisiative body. + Disturbance created by a participant in the ‘miaating i nat equated by Art. 144, ‘© The same act may be mata the basis for contempt since f Is commie in nature whilo the cima under this Ariclo is punttve, ‘SECTION TWO: VIOLATION OF PARLIAMENTARY IMMUNITY ARTICLE 145 VIOLATION OF PARLIAMENTARY MMUNITY ‘Acts Punished 4. Using force, intimidation, threats, or frauds Topravent any mamber from a, Atianding the montings of Congress or any of fis commiieas or subcommitiaas, constitutional commissions or eommitaas or divisions thereat, artram b Bxossag ie opnint Casti vols. = ye ly nis: A AYThat , the ; olferder, sayy tel Syren threats oc aud, « Ye otha Pi am tas SBavent) any\imombar of Cengress D haadeg tho mportrgs Givin ‘SY/Congtossor a0 8 as eohunttens OKSr | conettulghay cominBoons, Gc: oF WA Bxpnassing hie opinions’ ‘i Mavala Gee Sey eg © Tho olfendotyinerat 1 may ba any parson, SS