AT7-CLJ4 Jose fedrico DG.

Aniceto BSCRIM lll-2

1. What is conspiracy to commit sedition?

• There must be an agreement and a decision to rise publicly and tumultuously to attain
any of the objects of sedition.

• There is no crime of proposal to commit sedition.

2. Is there proposal to commit sedition?

Persons conspiring the commit the crime of sedition shall be punished by prision correccional in
its medium period and a fine not exceeding 2,000 pesos.

3. What are the acts of inciting to sedition?

Inciting others to the accomplishment of any of the acts which constitute sedition by
means of speeches, proclamations, writings, emblems, etc.;

4. Explain/define the following:

a) Clear and present danger rule

The first as interpreted in a number of cases, means that the evil consequence of the comment
or utterance must be "extremely serious and the degree of imminence extremely high" before
the utterance can be punished.

b) Dangerous tendency rule

applied to detect whether an act caused evil for a society. When a substantive evil is identified,
it is not unconstitutional for a government to interfere. For example, in the U.S., speech having
a dangerous tendency is a seditious speech and is subject to punishment.
5. Elements of article 143 of the revised penal code

Elements:
1) There be a projected or actual meeting of the National Assembly (Congress of the
Philippines) orof any of its committees or subcommittees, constitutional commissions or
committees ordivisions thereof, or of any provincial board or city or municipal council or board.

2. The offender who may be any person who prevents such meeting by force or fraud.

6. Elements of disturbance of proceedings

Elements:

1. There is a meeting of Congress 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. 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.

°The complaint for disturbance of proceedings may be filed by a member of a legislative

body.

•One who disturbs the proceedings of Congress may also be punished for contempt by
such Congress.

7. What are the acts punishable under violation of parliamentary immunity?

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
8. Distinguish Illegal assemblies from illegal associations

Illegal Illegal
associations assemblies

It is not necessary It is necessary that

that there be an there is an actual
actual meeting meeting or
assembly for the
purposes stated in
Article 146

The act of forming The meeting and

or organizing and attendance at such
membership in the meeting is
association is punished
punished

Persons liable are Persons liable are

the founders, the organizers or
directors and leaders of the
president, and the meeting and the
members persons present at
such meeting

9. What is public morals?

The average person, applying contemporary adult community standards, would find that it
depicts or describes, in a patently offensive way, ultimate sexual acts or sadomasochistic sexual
acts, whether normal or perverted, actual or simulated, or masturbation, excretory functions or
lewd exhibition of the genitals

10. Who are persons in authority?

" is any person directly vested with jurisdiction, whether as an individual or as a member of
some court or government corporation, board, or commission, including barangay captains.