03/30/2023
131, 132 and 133
ART. 129
 Search warrant can only be issued by a
judge. Cannot be enforced outside the
territorial jurisdiction unless the SC allows it
 There are reqs when you apply for a search
warrant, there are affidavits and personal
examination by the judge
o The judge must conduct searching
questions
o Search warrant must only contain
one crime
o Items to be seized must be
particularly described
o Respondent must be particularly
identified
o Place to be searched must be
particularly described
 Grounds for quashal
o Lack of probable cause
o Unreasonable search
 Absent any of the reqs, the offender will be
liable for maliciously obtaining a search
warrant
 If the case is filed, there is what we call
motion to quash
o Where to file : before the court that
issued the search warrant if case is
not yet filed
o If case is already filed : where the
case was filed
o Effect : if the case is filed, fiscal may
not file the case anymore, evidence
becomes inadmissible
 If a search warrant is valid, there will be a
subsequent case that will be filed
 Judicial stability – when two courts are of
equal jurisdiction, a court cannot reverse
the ruling of a co-equal court
o BUT FOR SEARCH WARRANT –
another judge can quash the search
warrant of another
o The only ground is if the other judge
did not follow the requirements
needed for the issuance of a search
warrant
ART.
 Compare them they are all different
ART. 131
 If it is a peaceful meeting, nobody is allowed
to disturb it other than the participants of
the said meeting
 May be committed by public individual only
 If private individual, alarm and scandal yung
crime
ART. 132
 Disturbance of an ongoing religious worship
 Committed by a public officer or employee
only
ART. 133
 Case of Mr. Celdran
o Number 1 tourist guide in
Intramuros
o He was charged before the MTC for
133 – offending religious feeling
o Why? His intention was not to
disturb. His intention was to commit
an act offensive to the religious
CRIMES AGAINST PUBLIC ORDER
ART. 134
 Rebellion within the country / taking away
the allegiance of the Philippines /
preventing the prerogative or executive or
legislative
 Essential elements:
o There must be public uprising
o There must be taking of arms
against the government
 Absent one crime, it can be a crime of
sedition, tumultuous affair etc
 There is war in rebellion, but a civil war
 Should not be compared to a common
crime since it is a political crime. It used to
be bailable.
 o Ppl v. Hernandez – they complexed
rebellion (rebellion with murded) so
that it cannot be bailable
o There is no complex crime applying
the principle of absorption
o Not amended but only revisited
 Gringo Honasan case
o Charged w/ rebellion with murder
o Gov’t theory : there is a complex
crime
o It became bailable
ART. 134-A
 Coup d etat as a form of rebellion
 Can only be committed by men in uniform
(soldiers, policemen)
 People v. Corpuz (READ)
o Read kasi si CJ daw nagsulat
 What is important – swift attack
 Can a civilian commit the crime of
rebellion?
o Yes, when they are in conspiracy
with men in uniform
 Can it be committed by 2 or 3 persons
o Law does not state
ART. 135
 There used to be a provision saying that any
act of violence or destruction of property
shall be included in the crime
 Code Commission argues that there is a
crime of absorption
 There is no more problem when it comes to
rebellion with murder or none because the
penalty increased
o If asked in the bar, say under the old
law and invoke ppl v. Hernandez and
ppl v. enrile
o Under the new law, there can be a
crime of rebellion with murder
pursuant to the revisions of Art.
6968
 Law imposes penalties depending on the
participation
 READ PAGE 48
o Yung sa illegal possession of firearm,
matagal nang batas yan. Ang
problema nung nahuli si Robin
Padilla, may kapwa artista don sa
senado.
o Stiff ang penalty non, lowest was
reclusion temporal
o Robin Padilla, when he will be
arrested, went into hiding
o He was convinced by Pres. Ramos to
surrender. He was convicted in
absentia
o In the meantime, senate amended
the law through Sen. Revilla. He
lowered the penalty.
o Problem: Old law provides that
when the firearm was used in the in
the commission of the crime, then it
will be considered as a special
aggravating circumstance and
cannot be offset by
o Padilla was granted absolute pardon
ART. 136
 Conspiracy and proposal to commit coup d
etat, rebellion and insurrection
 Mutiny is diff cause it is among themselves
 When you make a proposal, it must be clear
and specific
 Walang proposal to commit the crime of
sedition
ART. 137 – disloyalty
Art. 138
 Inciting v proposal to commit (check book)
 Inciting is open and done through speeches
Art. 139
 Sedition
 Rebellion is only political in purpose.
Sedition may be political or social
 There must be a public disturbance /
tumults – 4 persons committing
 You have the right to ventilate but you are
not ventilating it properly
 Public apprising is almost the same as
tumults. However, bigger in magnitutde ang
public uprising
 Is there conspiracy to commit sedition? YES
ART. 141
 There is conspiracy to commit sedition but
not proposal to commit sedition
o Supposing there is an ongoing
sedition then I propose to you, if
that is accepted then it becomes
conspiracy
o There is tumults danger is already
there
o If proposal then di tinanggap, meron
bang danger don? Walang danger
kasi di ka naman papatay ng tao

Illegal assembly and association basahin na lang

Art. 148
 Direct assault may be crime of sedition

Art. 152
 Public officials yan
 Persons in authority
 Agents of person in authority – kasama ng
barangay yan
 Before it was amended, persons in
authority lang naka define diyan. Police
were not considered as persons in
authority. Before of the amendment,
dalawa nagging subject matter – persons in
authority and agenets of persons in
authority