LYCEUM NORTHERN LUZON

COLLEGE OF CRIMINAL JUSTICE EDUCATION

MacArthur Highway, Urdaneta City, Pangasinan
Tel No: (075) 568-7963

CLJURIS3
CRIMINAL LAW BOOK 2
MODULE 2

Submitted by:

Submitted to:

Ms. Khate Dato Lumiqued, RCrim

Date Given:

October 18, 2021

Deadline/Date of Submission:

October 22, 2021

Prepared by: Khate Dato Lumiqued, RCrim

 LYCEUM NORTHERN LUZON
COLLEGE OF CRIMINAL JUSTICE EDUCATION
MacArthur Highway, Urdaneta City, Pangasinan
Tel No: (075) 568-7963

INSTURCTIONS:

1. Please rename the module file to your last name, subject, and module number.
(ex. Lumiqued-BOOK2-2)
2. You can send your finished module to my email. (spadeconstantino17@gmail.com)
3. Edit this document and insert your answers.
4. Follow the format of this document all through-out the module.

TITLE THREE. CRIMES AGAINST PUBLIC ORDER

A. ART. 134. REBELLION 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 Republic of the Philippines or any part thereof, of any body of land, naval or
other armed forces, or depriving the Chief Executive or the Legislature, wholly or partially, of
any of their powers or prerogatives.”

1. Doctrine of Absorption
The doctrine of absorption of common crimes (also called Hernandez doctrine) is a rule
that enunciates that the ingredients of a crime form part and parcel thereof and hence,
are absorbed by the same and cannot be punished either separately therefrom or by the
application of Article 48 of the Revised Penal Code.

2. Republic Act 6968

"Any person not in the government service who participates, or in any manner supports,
finances, abets or aids in undertaking a coup D′ÉTAT shall suffer the penalty of prision
mayor in its maximum period.

3. Anti-Terror Law of 2020

On 3 June 2020, the Philippine House of Representatives passed the Anti-Terrorism Act
of 2020, which replaces the Human Security Act of 2007. Although the act is
promulgated to address violent extremism and terrorism, its imprecise definitions of
violent extremism and terrorism make it challenging to differentiate these phenomena
from armed conflicts. Meaningful differentiation will be especially complicated in the
Southern Philippines, where armed conflicts and violent extremism, albeit two separate
phenomena, are spatially overlapped and parallel fuelled by both grievance and greed-
based root causes: injustice, discriminations, exclusion, exploitation of natural
resources, and clan-based feuds. In this context, the authoritarian populist government
of the Philippines, with its appalling record of human rights violations in recent years,

Prepared by: Khate Dato Lumiqued, RCrim

 LYCEUM NORTHERN LUZON
COLLEGE OF CRIMINAL JUSTICE EDUCATION
MacArthur Highway, Urdaneta City, Pangasinan
Tel No: (075) 568-7963

can misappropriate the act to designate the actors of conflicts  as terrorists, and thereby
close much-needed space for peace building .

4. Lagman vs. Medeldea, G.R.No. 231658

Issue: Whether or not there is a sufficient factual basis for the proclamation of martial
law or the suspension of the privelege of writ of habeas corpus 

Facts: On May 23, 2017, President Rodrigo Duterte issued Proclamation No. 216,
declaring Martial Law in the whole island of Mindanao and the suspension of the
privilege of the writ of habeas corpus therein. On May 25, the president submitted a
written report to Congress on the factual basis of the Martial Law declaration (as
required by the Constitution).  The main basis of the declaration was the attack of the
Maute terrorist group in Marawi City. According to the report, the Maute group is an
affiliate of ISIS which is aiming to establish an Islamic caliphate in Marawi City (and
might spread its control in all the other parts of Mindanao). It also cited the ongoing
rebellion and lawless violence that has plagued Mindanao for decades. 

B. ART. 137. DISLOYALTY OF PUBLIC OFFICERS/EMPLOYEES

 The penalty of prision correccional in its minimum period shall be imposed upon public officers
or employees who have failed to resist a rebellion by all the means in their power, or shall
continue to discharge the duties of their offices under the control of the rebels or shall accept
appointment to office under them.

C. ART. 138. INCITING TO REBELLION/INSURRECTION

The penalty of prision mayor in its minimum period shall be imposed upon any person who,
without taking arms or being in open hostility against the Government, shall incite others to the
execution of any of the acts specified in article 134 of this Code, by means of speeches,
proclamations, writings, emblems, banners or other representations tending to the same end.
1. Elements
i. Offender does not take arms or is not in open hostility against the government;
ii. He incites others to the execution of any of the acts of rebellion specified in
Article 134 of the Revised Penal Code;
iii. The inciting is done by means of speeches, proclamations, writings, emblems,
banner or other representations tending to the same end.

D. ART. 139. SEDITION

The crime of sedition is committed by persons who rise publicly and tumultuously in order to
attain by force, intimidation, or by other means outside of legal methods, any of the following
objects:

Prepared by: Khate Dato Lumiqued, RCrim

 LYCEUM NORTHERN LUZON
COLLEGE OF CRIMINAL JUSTICE EDUCATION
MacArthur Highway, Urdaneta City, Pangasinan
Tel No: (075) 568-7963

i. To prevent the promulgation or execution of any law or the holding of any popular
election;
ii. To prevent the National Government, or any provincial or municipal government, or any
public officer thereof from freely exercising its or his functions, or prevent the execution
of any administrative order;
iii. To inflict any act of hate or revenge upon the person or property of any public officer or
employee;
iv. To commit, for any political or social end, any act of hate or revenge against private
persons or any social class; and
v. To despoil, for any political or social end, any person, municipality or province, or the
National Government of all its property or any party thereof.

1. Elements
i. Offenders rise publicly and tumultuously;
ii. Offenders rmploy force, intimidation, or by other means outside of legal
method;
iii. Purpose is 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 thereof from freely exercising its or
his functions, or prevent the execution of any administrative order;
c) to inflict any act of hate or revenge upon the person or property of an
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 class; and
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.

2. People vs. Cabrera, 43 Phil 64

Facts: Defendant Brett Cabrera, a 17-year old, held a class DJ driver's license, which:
(a) automatically became a license when the holder turned 18 years old;
(b) barred the holder from operating vehicle with more than two passengers under 21
years of age who were not members of the holder's immediate family, and;
(c) required the holder to ensure that all passengers had buckled their seat belts. While
driving to a lake, Cabrera had four teenage passengers in his vehicle. None of the
passengers wore a seat belt. During the trip, Cabrera lost control of the vehicle, which
then slid down a 25- to 30-foot embankment, killing three of the passengers and
critically injuring the fourth. Cabrera was charged with three counts of criminally
negligent homicide ([4] Penal Law § 125.10), one count of assault in the third degree
(Penal Law § 120.00 [3]), reckless driving (Vehicle and Traffic Law § 1212), and various

Prepared by: Khate Dato Lumiqued, RCrim

 LYCEUM NORTHERN LUZON
COLLEGE OF CRIMINAL JUSTICE EDUCATION
MacArthur Highway, Urdaneta City, Pangasinan
Tel No: (075) 568-7963

traffic infractions. After a trial in New York state court, the jury convicted Cabrera on all
counts. The appellate division affirmed the convictions. The Court of Appeals of New
York granted Cabrera's petition for review. Cabrera argued that the evidence adduced at
trial was insufficient as a matter of law to sustain his convictions for criminally negligent
homicide and third-degree assault; and, in the alternative, that he was entitled to a new
trial because the trial judge's instructions were erroneous.

Issue: Was Cabrera guilty of negligent homicide and third-degree assault when he failed
to negotiate the curve while driving, causing the car to crash and leaving the other
passengers injured and dead?

E. ART. 140. PENALTY FOR SEDITION

The leader of a sedition shall suffer the penalty of prision mayor in its minimum period and a
fine not exceeding 10,000 pesos.
Other persons participating therein shall suffer the penalty of prision correccional in its
maximum period and a fine not exceeding 5,000 pesos.

1. Persons liable for Sedition

any persons who rise publicly and tumultuously and by means of  force, intimidation, or
other means outside of legal methods in order:

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 thereof from freely exercising its or his
functions, or prevent the execution of any 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 class; and
e) To despoil, for any political or social end, any person, municipality or province,
or the National Government (or the Government of the United States), of all its
property or any part thereof.

F. ART. 141. CONSPIRACY 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.

G. ART. 142. INCITING TO SEDITION

Sedition is overt conduct, such as speech and organization, that tends toward rebellion against
the established order. Sedition often includes subversion of a constitution and incitement of
discontent toward, or insurrection against, established authority.

Prepared by: Khate Dato Lumiqued, RCrim

 LYCEUM NORTHERN LUZON
COLLEGE OF CRIMINAL JUSTICE EDUCATION
MacArthur Highway, Urdaneta City, Pangasinan
Tel No: (075) 568-7963

1. Different acts of inciting to sedition

2. US vs. Tolentino, 5 Phil 682
Facts: On 14 May 1903, Aurelio Tolentino and others presented a theatrical work
written by the former entitled, “Kahapon Ngayon at bukas” in Tagalog
language at the Teatro Libertad in Manila. The piece contained seditious words and
speeches, and scurrilous libels against the government of the US
and the Insular government of the Philippine Islands which were uttered during the
presentation as if tending to obstruct the lawful officers in the execution of their offices,
instigate others to cabal and meet together for unlawful purposes, suggest and incite
rebellious conspiracies and riots and disturb the peace, safety and order of the
community

Issue: whether or not the theatrical performance of Tolentino were acts of inciting to
sedition.

3. Espuelas vs People, 90 Phil 524

Facts: On June 9 and June 24, 1947, both dates inclusive, in the town of Tagbilaran,
Bohol, Oscar Espuelas y Mendoza had his picture taken, making it to appear as if he
were hanging lifeless at the end of a piece of rope suspended form the limb of the tree,
when in truth and in fact, he was merely standing on a barrel. After securing copies of
his photograph, Espuelas sent copies of same to Free Press, the Evening News, the
Bisayas, Lamdang of general circulation and other local periodicals in the Province of
Bohol but also throughout the Philippines and abroad, for their publication with a
suicide note or letter, wherein he made to appear that it was written by a fictitious
suicide, Alberto Reveniera and addressed to the latter's supposed wife translation of
which letter or note, stating his dismay and administration of President Roxas, pointing
out the situation in Central Luzon and Leyte, and directing his wife his dear wife to write
to President Truman and Churchill of US and tell them that in the Philippines the
government is infested with many Hitlers and Mussolinis.

Issue: Whether the accused is liable of seditious libel under Art. 142 of the RPC against
the Government of the Philippines?

H. ART. 143. ACTS TENDING TO PREVENT THE MEETING OF THE ASSEMBLY AND SIMILAR BODIES
The penalty of prisión correccional or a fine ranging from Forty thousand pesos (₱40,000) to
Four hundred thousand pesos (₱400,000), or both, shall be imposed upon any person who, by
force or fraud, prevents the meeting of Congress or of any of its committees or subcommittees,

Prepared by: Khate Dato Lumiqued, RCrim

 LYCEUM NORTHERN LUZON
COLLEGE OF CRIMINAL JUSTICE EDUCATION
MacArthur Highway, Urdaneta City, Pangasinan
Tel No: (075) 568-7963

Constitutional Commissions or committees or divisions thereof, or of any provincial board or city

or municipal council or board. (Art. 143, Revised Penal Code, as amended by RA 10951)

1. Elements
i. There be a projected or actual meeting of either the Congress, Constitutional
Commission or any of the provincial board or city or municipal council;
ii. The offender, who may be any person, prevents such meeting by force or fraud.

I. ART. 144. DISTURBANCE OF PROCEEDINGS

 The penalty of arresto mayor or a fine ranging from 200 to 1,000 pesos shall be imposed upon
any person who disturbs the meetings of either of the House of the Legislature or of any
provincial board or city or municipal council, or in the presence of any such bodies should
behave in such manner as to interrupt its proceedings or to impair the respect due to it. (Revised
Penal Code)

1. Elements
i. There is an actual meeting of either of the House of the Legislature, or of any
provincial board or city or municipal council or board; and
ii. 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.

J. ART. 145. VIOLATION OF PARLIAMENTARY IMMUNITY

The penalty of prision mayor shall be imposed upon any person who shall use force,
intimidation, threats, or fraud to prevent any member of the National Assembly (Congress of the
Philippines) from attending the meetings of the Assembly (Congress) or of any of its committees
or subcommittees, constitutional commissions or committees or divisions thereof, from
expressing his opinions or casting his vote; and the penalty of prision correccional shall be
imposed upon any public officer or employee who shall, while the Assembly (Congress) is in
regular or special session, arrest or search any member thereof, except in case such member has
committed a crime punishable under this Code by a penalty higher than prision mayor. (Revised
Penal Code)

1. Acts punishable under Art. 145

i. By using force, intimidation, threats, or fraud to prevent any member of
Congress from attending the meeting of the assembly or any of its committees,
constitutional commissions or committees or divisions thereof, or from
expressing his opinions or casting his vote.

Prepared by: Khate Dato Lumiqued, RCrim

 LYCEUM NORTHERN LUZON
COLLEGE OF CRIMINAL JUSTICE EDUCATION
MacArthur Highway, Urdaneta City, Pangasinan
Tel No: (075) 568-7963

ii. By arresting any member thereof while Congress is in a regular or special

session, except in case such member has committed a crime punishable by more
than 6 years imprisonment.

K. ART. 146. ILLEGAL ASSEMBLIES

The penalty of prision correccional in its maximum period to prision mayor in its medium period
shall be imposed upon the organizers or leaders of any meeting attended by armed persons for
the purpose of committing any of the crimes punishable under this Code, or of any meeting in
which the audience is incited to the commission of the crime of treason, rebellion or
insurrection, sedition or assault upon a person in authority or his agents. Persons merely
present at such meeting shall suffer the penalty of arresto mayor, unless they are armed, in
which case the penalty shall be prision correccional.

1. Forms of Illegal Assembly

i.  Meeting attended by armed persons for the purpose of committing any of the
crimes punishable under the Revised Penal Code;
Requisites:
a) There’s a meeting – gather or group of persons whether fixed or
moving;
b) Meeting is attended by armed persons
c)  The Purpose of meeting is to commit any of the crimes punishable
under the RPC.
ii.  A meeting in w/c the audience is incited to the commission of the crimes of
treason, rebellion or insurrection, sedition or assault upon a person in authority
or his agent.
Requisites:
a) There’s a meeting – gather or group of persons whether fixed or
moving;
b) Audience whether armed or not is incited to the commission of the
crime of treason, rebellion or insurrection, sedition or direct assault.

2. Persons liable for Illegal Assembly

i. Leaders or organizers and;
ii. the persons present in attendance.

3. If any person present at the meeting carries an unlicensed firearm

it shall be presumed that the purpose of said meeting, insofar as he is concerned, is to
commit acts punishable under this Code, and he shall be considered a leader or
organizer of the meeting within the purview of the preceding paragraphs.

L. ART. 147. ILLEGAL ASSOCIATIONS

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 LYCEUM NORTHERN LUZON
COLLEGE OF CRIMINAL JUSTICE EDUCATION
MacArthur Highway, Urdaneta City, Pangasinan
Tel No: (075) 568-7963

The penalty of prision correccional in its minimum and medium periods and a fine not exceeding
1,000 pesos shall be imposed upon the founders, directors, and presidents of associations
totally or partially organized for the purpose of committing any of the crimes punishable under
this Code or for some purpose contrary to public morals. Mere members of said associations
shall suffer the penalty of arresto mayor. (Reinstated by E.O. No. 187).

1. What are Illegal Associations

i. Organizations totally or partially organized for the purpose of committing any of
the crimes in RPC;
ii. For some purpose contrary to public morals.

2. Persons liable for Illegal Association

i.  founders, directors and president of the association; and
ii. mere members of the association Public Morals - matters which affect the
interest of society and public convenience and is not limited to good custom.

3. Illegal Association distinguished from Illegal Assembly

4. Acts punished under Republic Act 1700, Anti-Subversion Act
i. Republic Act 1700
Section 4 of the repealed law punished “whoever knowingly, wilfully and by
overt acts affiliates himself with, becomes or remains a member of the
Communist Party of the Philippines and/or its successor or any subversive
association.”

5. Acts punished under Presidential Decree 885, Revised Anti-Subversion Law

Whoever knowingly, wilfully and by overt act affiliates with, becomes or remains a
member of a subversive associations or organization as defined in Section 2 hereof shall
be punished by arresto mayor and shall be disqualified permanently from holding any
public office, appointive or elective, and from exercising the right to vote; in case of a
second conviction, the principal penalty shall be prision correccional; and in all
subsequent convictions the penalty of prision mayor shall be imposed.

M. ART. 148. DIRECT ASSAULT

Any persons who, without a public uprising, shall employ force or intimidation for the
attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition,
or shall attack, employ force, or seriously intimidate or resist any person in authority of any of
his agents, while engaged in the performance of official duties, or on occasion of such
performance, shall suffer the penalty of prisión correccional in its medium and maximum
periods and a fine not exceeding Two hundred thousand pesos (₱200,000), when the assault is
committed with a weapon or when the offender is a public officer or employee, or when the
offender lays hands upon a person in authority. If none of these circumstances be present, the

Prepared by: Khate Dato Lumiqued, RCrim

 LYCEUM NORTHERN LUZON
COLLEGE OF CRIMINAL JUSTICE EDUCATION
MacArthur Highway, Urdaneta City, Pangasinan
Tel No: (075) 568-7963

penalty of prisión correccional in its minimum period and a fine not exceeding One hundred
thousand pesos (₱100,000) shall be imposed. (Art. 148, Revised Penal Code, as amended by RA
10951)

1. Two ways of committing the crime of Direct Assault

i. Without a public uprising, by employing force or intimidation to attain any of
the purposes of rebellion or sedition.
ii. 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.

2. Elements of the First form of Direct Assault

i. Offender employs  force or intimidation;
ii. Offender employs  force or intimidation;
iii. There is no public uprising

3. Elements of the Second form of Direct Assault

i. That the offender
(a) makes an attack,
(b) employs force,
(c) makes a serious intimidation, or
(d) makes a serious resistance;
ii. That the person assaulted is a person in authority or his agent;

iii. That at the time of the assault, the person in authority or his agent
(a) is engaged in the actual performance of official duties, or
(b) is assaulted by reason of the past performance of official duties;
iv. That the offender knows that the one he is assaulting is a person in authority or
his agent in the exercise of his duties; and
v. That there is no public uprising (Guelos v. People, G.R. No. 177000, June 19,
2017). 

N. ART. 149. INDIRECT ASSAULT

The penalty of prisión correccional in its minimum and medium periods and a fine not exceeding
One hundred thousand (₱100,000) shall be imposed upon any person who shall make use of
force or intimidation upon any person coming to the aid of the authorities or their agents on
occasion of the commission of any of the crimes defined in the next preceding article (Art. 149,
Revised Penal Code, as amended by RA 10951)

1. Elements

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 LYCEUM NORTHERN LUZON
COLLEGE OF CRIMINAL JUSTICE EDUCATION
MacArthur Highway, Urdaneta City, Pangasinan
Tel No: (075) 568-7963

i. Direct assault is committed against an agent of a person in authority;

ii. The offended party comes to the aid of said agent of a person in authority;
iii. Offender uses force or intimidation upon the said offended party.

O. ART. 150. DISOBEDIENCE TO SUMMONS ISSUED BY THE NATIONAL ASSEMBLY, ITS

COMMITTEES OR SUBCOMMITTES, BY THE CONSTITUTIONAL COMMISSION, ITS COMITTES,
SUBCOMMITTEES OR DIVISION
The penalty of arresto mayor or a fine ranging from two hundred to one thousand pesos, or
both such fine and imprisonment, shall be imposed upon any person who, having been duly
summoned to attend as a witness before the National Assembly, its special or standing
committees and subcommittees, the Constitutional Commissions and its committees,
subcommittees or divisions, or before any commission or committee chairman or member
authorized to summon witnesses, refuses, without legal excuse, to obey such summons, or
being present before any such legislative or constitutional body or official, refuses to be sworn
or placed under affirmation or 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. The same penalty shall be imposed upon any person who shall restrain another from
attending as a witness, or who shall induce disobedience to a summon or refusal to be sworn by
any such body or official.”
1. Acts punished as Disobedience to the National Assembly or its committee or
Constitutional Commission
i. By refusing, without legal excuse, to obey summons of the National Assembly,
its committees or subcommittees, by constitutional commission, committees,
subcommittees or division.
ii. By refusing to be sworn or placed under affirmation while being before such
legislative or constitutional body or official.
iii. 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 function.
iv. By restraining another from attending as a witness in such legislative or
constitutional body.
v. By inducing disobedience to a summons or refusal to be sworn by any such
body or official.
*Only disobedience without legal excuse is punishable.*May not apply when
papers or documents may be used as evidence against the owner thereof.

P. ART. 151. RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS OF

SUCH PERSON
The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (₱100,000)
shall be imposed upon any person who not being included in the provisions of the preceding

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 LYCEUM NORTHERN LUZON
COLLEGE OF CRIMINAL JUSTICE EDUCATION
MacArthur Highway, Urdaneta City, Pangasinan
Tel No: (075) 568-7963

articles shall resist or seriously disobey any person in authority, or the agents of such person,
while engaged in the performance of official duties.
When the disobedience to an agent of a person in authority is not of a serious nature, the
penalty of arresto menor or a fine ranging from Two thousand pesos (₱2,000) to Twenty
thousand pesos (₱20,000) shall be imposed upon the offender (Art. 151, Revised Penal Code, as
amended by RA 10951).

1. Elements of Resistance and Serious Disobedience (par.1)

i. That a person in authority or his agent is engaged in the performance of official
duty or gives a lawful order to the offender;
ii. That the offender resists or seriously disobeys such person in authority or his
agent; and
iii. That the act of the offender is not included in the provisions of arts. 148, 149,
and 150.
2. Elements of Simple Disobedience (par.2)
i. That an agent of a person in authority is engaged in the performance of official
duty gives a lawful order to the offender;
ii. That the offender disobeys such agent of a person in authority; and
iii. That such disobedience is not of a serious nature.

3. Direct assault distinguished from Resistance or Serious disobedience

 As explained in People vs. Breis and Yumol, G.R. No. 205823, 17 August 2015, the
difference lies in the gravity of the disobedience. If it is not serious in nature or if it is
serious in nature but there was no force employed, then it is punishable under Article
151 of the RPC. However, if there is force, intimidation, or resistance and the nature of
the same is serious, then it may constitute Direct Assault, which is punishable under
Article 148 of the RPC.

Q. ART. 152. PERSONS IN AUTHORITY AND AGENTS OF PERSONS IN AUTHORITY

In applying the provisions of the preceding and other articles of this Code, any person directly
vested with jurisdiction, whether as an individual or as a member of some court or
governmental corporation, board, or commission, shall be deemed a person in authority. A
barrio captain and a barangay chairman shall also be deemed a person in authority. 

1. Define ‘Person in Authority’

 is one directly vested with jurisdiction, that is, a public officer who has the power to
govern and execute the laws whether as an individual or as a member of some court or
governmental corporation, board or commission.

2. List of Persons in Authority

i. Mayor

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COLLEGE OF CRIMINAL JUSTICE EDUCATION
MacArthur Highway, Urdaneta City, Pangasinan
Tel No: (075) 568-7963

ii. Chief of Police

iii. Judge
iv. Provincial fiscal
v. Social Security Commissioner
vi. Director of Post
vii. Municipal councilor
viii. Division superintendent of schools
ix. Public and private school teachers
x. President of sanitary division
xi. Lawyers in the actual performance of their professional duties or on the
occasion of such performance
xii. Barangay chairman
xiii. Sangguniang barangay members
xiv. Members of the lupong tagapamayapa

3. Distinctions between ‘Public Officer’, ‘Person in Authority’, and ‘Agent of a Person in

Authority’

R. ART. 153. TUMULTS AND OTHER DISTURBANCES

The penalty of arresto mayor in its medium period to prisión correccional in its minimum period
and a fine not exceeding Two hundred thousand pesos (₱200,000) shall be imposed upon any
person who shall cause any serious disturbance in a public place, office, or establishment, or
shall interrupt or disturb public performances, functions or gatherings, or peaceful meetings, if
the act is not included in the provisions of Article 131 and 132.

1. What are tumults and other disturbances of public order?

Disturbance or interruption of public order is committed by any person who causes

any serious disturbance in a public place, office, or establishment, or shall interrupt or
disturb public performances, functions or gatherings, or peaceful meetings provided
that the acts do not constitute the crime of interruption, prohibition or dissolution of
peaceful meetings (Art. 131) or interruption of religious worship (Art. 132).

2. Circumstances qualifying the disturbance or interruption

 if caused by more than 3 persons who are armed or provided with means of violence.
"Arms" refers to clubs, stones or any means of fatal violence, not necessary
firearms (Boado, Notes and Cases on the Revised Penal Code).

3. Define ‘outcry’ and ‘tumultuous’

Outcry - a strong and usually public expression of protest, indignation,

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COLLEGE OF CRIMINAL JUSTICE EDUCATION
MacArthur Highway, Urdaneta City, Pangasinan
Tel No: (075) 568-7963

TUMULTUOUS - caused by more than 3 persons who are armed or provided with means
of violence.

S. ART. 154. UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES

The penalty of arresto mayor and a fine ranging from Forty thousand pesos (₱40,000) to Two
hundred thousand pesos (₱200,000) pesos shall be imposed upon:
i. Any person who by means of printing, lithography, or any other means of publication
shall publish or cause to be published as news any false news which may endanger the
public order, or cause damage to the interest or credit of the State;
ii. Any person who by the same means, or by words, utterances or speeches shall
encourage disobedience to the law or to the constituted authorities or praise, justify, or
extol an, act punished by law;
iii. Any person who shall maliciously publish or cause to be published any official resolution
or document without proper authority or before they have been published officially; or
iv. Any person who shall print, publish, or distribute or cause to be printed, published, or
distributed books, pamphlets, periodicals, or leaflets which do not bear the real printer’s
name, or which are classified as anonymous. (Art. 154, Revised Penal Code, as amended
by RA 10951)

1. Acts punished as Unlawful Use of Means of Publication and Unlawful Utterances

i. Publishing or causing to be published as news any false news which may
endanger the public order, or cause damage to the interest or credit of the
State;
ii. Encouraging encourage disobedience to the law or to the constituted
authorities or praise, justify, or extol an, act punished by law, by the same
means or by words, utterances or speeches;
iii. Maliciously publishing or causing to be published any official resolution or
document without proper authority, or before they have been published
officially;
iv. Printing, publishing or distributing (or causing the same) books, pamphlets,
periodicals, or leaflets which do no bear the real printer’s name, or which are
classified as anonymous.

T. ART. 155. ALARMS AND SCANDALS

The penalty of arresto menor or a fine not exceeding Forty thousand pesos (₱40,000) shall be
imposed upon:
i. Any person who within any town or public place, shall discharge any firearm,
rocket, firecracker, or other explosives calculated to cause alarm or danger;
ii. Any person who shall instigate or take an active part in any charivari or other
disorderly meeting offensive to another or prejudicial to public tranquility;

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 LYCEUM NORTHERN LUZON
COLLEGE OF CRIMINAL JUSTICE EDUCATION
MacArthur Highway, Urdaneta City, Pangasinan
Tel No: (075) 568-7963

iii. Any person who, while wandering about at night or while engaged in any other
nocturnal amusements, shall disturb the public peace; or
iv. Any person who, while intoxicated or otherwise, shall cause any disturbance or
scandal in public places: Provided that the circumstances of the case shall not
make the provisions of article 153 applicable. (Art. 155, Revised Penal Code, as
amended by RA 10951) 

1. Acts punished as Alarms and Scandals

i. Discharging any firearm, rocket, firecracker, or other explosives within any town
or public place calculated to cause alarm or danger;
ii. Instigating or taking active part in any charivari or other disorderly meeting
offensive to another or prejudicial to public tranquility.
iii. Disturbing the public peace while wandering about at night or while engaged in
any other nocturnal amusement;
iv. Causing any disturbance or scandal in public places while intoxicated or
otherwise, provided the act is not covered by Art 153 (Tumults and other
disturbance of public order).

2. Define ‘charivari’
Charivari includes a medley of discordant voices, a mock serenade of discordant noises
made on kettles, tins, horns, etc. designed to annoy or insult. 

U. ART. 156. DELIVERING PRISONERS FROM JAIL

The penalty of arresto mayor in its maximum period to prisión correccional in its minimum
period shall be imposed upon any person who shall remove from any jail or penal establishment
any person confined therein or shall help the escape of such person, by means of violence,
intimidation, or bribery. If other means are used the penalty of arresto mayor shall be imposed. 
If the escape of the prisoner shall take place outside of said establishments by taking the guards
by surprise, the same penalties shall be imposed in their minimum period. (Revised Penal Code)

1. Elements
i. There is a person confined in a jail or penal establishment;
ii. The offender removes therefrom such person, or helps the escape of such
person.

V. ART. 157. EVASION OF SERVICE OF SENTENCE

The penalty of prision correccional in its medium and maximum periods shall be imposed upon
any convict who shall evade service of his sentence by escaping during the term of his
imprisonment by reason of final judgment.
However, if such evasion or escape shall have taken place by means of unlawful entry, by
breaking doors, windows, gates, walls, roofs, or floors, or by using picklocks, false keys, deceit,

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 LYCEUM NORTHERN LUZON
COLLEGE OF CRIMINAL JUSTICE EDUCATION
MacArthur Highway, Urdaneta City, Pangasinan
Tel No: (075) 568-7963

violence or intimidation, or through connivance with other convicts or employees of the penal
institution, the penalty shall be prision correccional in its maximum period. (Revised Penal Code)

1. Elements
i. Offender is a convict by final judgment.
ii. He is serving his sentence which consists in deprivation of liberty (destierro
included)
iii. He evades the service of his sentence by escaping during the term of his
sentence (Tanega vs. Masakayan, GR L-27191, Feb. 28, 1967)

2. Circumstances qualifying the offense

i. By means of unlawful entry (this should be “by scaling” - Reyes);
ii. By breaking doors, windows, gates, walls, roofs or floors;
iii. By using picklock, false keys, disguise, deceit, violence or intimidation; or
iv. Through connivance with other convicts or employees of the penal institution.

W. ART. 158. EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDER,

CONFLAGRATIONS, EARTHQUAKES, OR OTHER CALAMITIES
 Evasion of service of sentence on the occasion of disorder, conflagrations, earthquakes, or
other calamities. - A convict who shall evade the service of his sentence, by leaving the penal
institution where he shall have been confined, on the occasion of disorder resulting from a
conflagration, earthquake, explosion, or similar catastrophe, or during a mutiny in which he has
not participated, shall suffer an increase of one-fifth of the time still remaining to be served
under the original sentence, which in no case shall exceed six months, if he shall fail to give
himself up to the authorities within forty-eight hours following the issuance of a proclamation
by the Chief Executive announcing the passing away of such calamity.

Convicts who, under the circumstances mentioned in the preceding paragraph, shall give
themselves up to the authorities within the above mentioned period of 48 hours, shall be
entitled to the deduction provided in Article 98. (Revised Penal Code)

1. Elements
i. Offender is a convict by final judgment who is confined in a penal institution.
ii. There is disorder, resulting from - 
a. conflagration,
b. earthquake,
c. explosion, or
d. similar catastrophe, or
e. mutiny in which he has not participated
iii. 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.

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 LYCEUM NORTHERN LUZON
COLLEGE OF CRIMINAL JUSTICE EDUCATION
MacArthur Highway, Urdaneta City, Pangasinan
Tel No: (075) 568-7963

iv. 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.

2. Republic Act 10592

SEC. 4. Article 98 of the same Act is hereby further amended to read as follows:

“Art. 98. Special time allowance for loyalty. – A deduction of one fifth of the period of
his sentence shall be granted to any prisoner who, having evaded his preventive
imprisonment or the service of his sentence under the circumstances mentioned in
Article 158 of this Code, gives himself up to the authorities within 48 hours following the
issuance of a proclamation announcing the passing away of the calamity or catastrophe
referred to in said article. A deduction of two-fifths of the period of his sentence shall be
granted in case said prisoner chose to stay in the place of his confinement
notwithstanding the existence of a calamity or catastrophe enumerated in Article 158 of
this Code.

“This Article shall apply to any prisoner whether undergoing preventive

imprisonment or serving sentence."

X. ART. 159. OTHER CASES OF EVASION OF SERVICE OF SENTENCE

The penalty of prision correccional in its minimum period shall be imposed upon the convict
who, having been granted conditional pardon by the Chief Executive, shall violate any of the
conditions of such pardon. However, if the penalty remitted by the granting of such pardon be
higher than six years, the convict shall then suffer the unexpired portion of his original
sentence.  (Art. 159, Revised Penal Code)

1. Elements of the offense of Violation of Conditional Pardon

i. Offender is a convict;
ii. He was granted a conditional pardon by the chief executive; and,
iii. He violated any of the conditions of such pardon.

2. Two penalties provided in this article

i. Prision correccional in its minimum period – if the penalty remitted does not
exceed 6 years
ii. The unexpired portion of his original sentence – if the penalty remitted is higher
than 6 years

Prepared by: Khate Dato Lumiqued, RCrim

 LYCEUM NORTHERN LUZON
COLLEGE OF CRIMINAL JUSTICE EDUCATION
MacArthur Highway, Urdaneta City, Pangasinan
Tel No: (075) 568-7963

Y. ART. 160. COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR
ANOTHER PREVIOUS OFFENSE
 Besides the provisions of Rule 5 of Article 62, any person who shall commit a felony after having
been convicted by final judgment, before beginning to serve such sentence, or while serving the
same, shall be punished by the maximum period of the penalty prescribed by law for the new
felony.

Any convict of the class referred to in this article, who is not a habitual criminal, shall be
pardoned at the age of seventy years if he shall have already served out his original sentence, or
when he shall complete it after reaching the said age, unless by reason of his conduct or other
circumstances he shall not be worthy of such clemency. (Revised Penal Code)

1. Define ‘Quasi-recidivism’ and ‘Recidivism’

Quasi-recidivism is a special aggravating circumstance where a person, after having
been convicted by final judgment, shall commit a new felony before beginning to serve
such sentence, or while serving the same. He shall be punished by the maximum period
of the penalty prescribed by law for the new felony. The penalty is justified because of
the perversity and incorrigibility of the offender.

2. Elements
i. Offender is convicted by final judgment of one offense
ii. He commits another felony before beginning to serve such sentence or while
serving the same.

3. ‘Quasi-recidivism’ distinguished from ‘Recidivism’

In recidivism:
1.The convictions of the offender are for crimes embraced in the same Title of the
Revised Penal Code; and
2.This circumstance is generic aggravating and therefore can be effected by an ordinary
mitigating circumstance.

Whereas in quasi-recidivism:
1.The convictions are not for crimes embraced in the same Title of the Revised Penal
Code, provided that it is a felony that was committed by the offender before serving
sentence by final judgment for another crime or while serving sentence for another
crime; and
2.This circumstance is a special aggravating circumstance, which cannot be offset by
any mitigating circumstance

Prepared by: Khate Dato Lumiqued, RCrim

 LYCEUM NORTHERN LUZON
COLLEGE OF CRIMINAL JUSTICE EDUCATION
MacArthur Highway, Urdaneta City, Pangasinan
Tel No: (075) 568-7963

Prepared by: Khate Dato Lumiqued, RCrim