Article 144

DISTURBANCE OF PROCEEDINGS

 ELEMENTS:

1. That there be a meeting of Congress or any of its committees, 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

1. He disturbs any of such meetings

2. 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

 Complaint must be filed by member of the Legislative body. Accused may also be punished for
contempt.

Article 145

VIOLATION OF PARLIAMENTARY IMMUNITY

 Acts punishable:

1. By using force, intimidation, threats, or frauds to prevent any member of Congress from –
 1. Attending the meeting of the assembly or any of its committees, constitutional commissions or
committees or divisions thereof, or from

2. Expressing his opinions or

3. Casting his vote

2. By arresting or searching any member thereof while Congress is in a 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 or employee

2. That he arrests or searches any member of Congress

3. That Congress, at the time of arrest or search, is in a regular or special session

4. That the member searched has not committed a crime punishable under the code by a penalty
higher than prision mayor (1987 constitution: privilege from arrest while congress in session in
all offenses punishable by not more than 6 years imprisonment).

 Article partly inoperative because of the 1987 Constitution

III. ILLEGAL ASSEMBLIES AND ASSOCIATIONS

Article 146

ILLEGAL ASSEMBLIES

 Two (2) Types of illegal assemblies:

a. Meeting of the first form

1. Meeting, gathering or group of persons whether in a fixed place or moving

2. Purpose : to commit any of crimes punishable under the code

3. Meeting attended by armed persons

b. Meeting of the second form

1. Meeting, gathering or group of persons whether in a fixed place or moving

2. Audience whether armed or not, is incited to the commission of the crime of treason, rebellion
or insurrection, sedition or direct assault.

 Not all the persons present at the meeting of the first form of illegal assembly must be armed

 Persons liable for illegal assembly

 Responsibility of persons merely present at the meeting

 Presumptions if person present at the meeting carries an unlicensed firearm:

1. The organizers or leaders of the meeting

2. Persons merely present at the meeting (except when presence is out of curiosity – not liable)

1. If they are not armed, penalty is arresto mayor

2. If they carry arms, like bolos or knives, or licensed firearms, penalty is prision correccional

1. Purpose of the meeting is to commit acts punishable under the RPC

2. Considered as leader or organizer of the meeting

Article 147

ILLEGAL ASSOCIATIONS

 ELEMENTS:

 Persons liable:

1. Organized totally or partially for the purpose of committing any of the crimes in RPC

2. Or for some purpose contrary to public morals

 1. Founders, directors and president of the association

2. Mere members of the association

Illegal Assembly (146) Illegal Association (147)

Must be an actual meeting of armed persons to commit any of the crimes punishable under the RPC, or
of individuals who, although not armed, are incited to the commission of treason, rebellion, sedition or
assault upon a person in authority of his agent. No need for such

It is the meeting and the attendance at such that are punished Act of forming or organizing and
membership in the association

Persons liable: leaders and those present Founders, directors, president and members

IV. ASSAULT, RESISTANCE AND DISOBEDIENCE

Article 148

DIRECT ASSAULT

 ELEMENTS OF THE 1ST FORM OF DIRECT ASSAULT

1. That the offender employs force or intimidation.

2. That the aim of the offender is to attain any of the purposes of the crime of rebellion or any of
the objects of the crimes of sedition. (victim need not be person in authority)
 3. That there is no public uprising.

 ELEMENTS OF THE 2ND FORM OF DIRECT ASSAULT:

1. That the offender (a) makes an attack, (b) employs force, (c) makes a serious intimidation, or (d)
makes a serious resistance.

2. That the person assaulted is a person in authority or his agent.

3. That at the time of the assault the person in authority or his agent (a) is engaged in the actual
performance of official duties (motive is not essential), or that he is assaulted (b) by reason of
the past performance of official duties (motive is essential).

4. That the offender knows that the one he is assaulting is a person in authority or his agent in the
exercise of his duties (with intention to offend, injure or assault).

5. That there is no public uprising.

 Always complexed with the material consequence of the act (e.g. direct assault with murder)
except if resulting in a light felony, in which case, the consequence is absorbed

 Hitting the policeman on the chest with fist is not direct assault because if done against an agent
of a person in authority, the force employed must be of serious character

 The force employed need not be serious when the offended party is a person in authority (ex.
Laying of hands)

 The intimidation or resistance must be serious whether the offended party is an agent only or a
person in authority (ex. Pointing a gun)
 Force EmployedIntimidation/Resistance

Person in Authority Need not be serious Serious

Agent Must be of serious character Serious

 Person in authority: any person directly vested with jurisdiction (power or authority to govern
and execute the laws) whether as an individual or as a member of some court or governmental
corporation, board or commission

 A barangay captain is a person in authority, so is a Division Superintendent of schools, President

of Sanitary Division and a teacher

 Agent: is one who, by direct provision of law or by election or by appointment by competent

authority, is charged with the maintenance of public order and the protection and security of life and
property. (Example. Barrio councilman and any person who comes to the aid of the person in authority,
policeman, municipal treasurer, postmaster, sheriff, agents of the BIR, Malacañang confidential agent)

 Even when the person in authority or the agent agrees to fight, still direct assault.

 When the person in authority or the agent provoked/attacked first, innocent party is entitled to
defend himself and cannot be held liable for assault or resistance nor for physical injuries, because he
acts in legitimate self-defense

 There can be no assault upon or disobedience to one authority by another when they both
contend that they were in the exercise of their respective duties.

 When assault is made by reason of the performance of his duty there is no need for actual
performance of his official duty when attacked

 Circumstances qualifying the offense (Qualified Assault):

 Complex crime of direct assault with homicide or murder, or with serious physical injuries.

 Direct assault cannot be committed during rebellion.

1. When the assault is committed with a weapon

2. When the offender is a public officer or employee

3. When the offender lays hand upon a person in authority

Article 149

INDIRECT ASSAULT

 ELEMENTS:

1. That a person in authority or his agent is the victim of any of the forms of direct assault defined
in ART. 148.

2. That a person comes to the aid of such authority or his agent.

3. That the offender makes use of force or intimidation upon such person coming to the aid of the
authority or his agent.

 Indirect assault can be committed only when a direct assault is also committed
 To be indirect assault, the person who should be aided is the agent (not the person in authority
because it is already direct assault, the person coming to the aid of the person in authority being
considered as an agent and an attack on the latter is already direct assault). Example. Aiding a policeman
under attack

Article 150

DISOBEDIENCE TO SUMMONS

 Acts punishable:

1. Refusing without legal excuse to obey summons

2. Refusing to be sworn or placed under affirmation

3. Refusing to answer any legal inquiry to produce books, records etc.

4. Restraining another from attending as witness in such body

5. Inducing disobedience to a summons or refusal to be sworn

Article 151

RESISTANCE DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENT OF SUCH PERSON (par. 1)

 ELEMENTS:

1. That a person in authority or his agent is engaged in the performance of official duty or gives a
lawful order to the offender.
 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 provisions of arts. 148, 149 and 150.

SIMPLE DISOBEDIENCE (par. 2)

 ELEMENTS:

1. That an agent of a person in authority is engaged in the performance of official duty 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.

Direct Assault (148) Resistant and Disobedience to a Person in Authority or Agents of such Person
(151)

PIA or his agent must be engaged in the performance of official duties or that he is assaulted PIA or
his agent must be in the actual performance of his duties.

Direct assault is committed in 4 ways – by attacking, employing force, and seriously resisting a PIA or his
agent. Committed by resisting or seriously disobeying a PIA or his agent.

Use of force against an agent of PIA must be serious and deliberate. Use of force against an agent of
a PIA is not so serious; no manifest intention to defy the law and the officers enforcing it.