CRIMINAL LAW II 1

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CHAPTER ONE
REBELLION, COUP D’ETAT, SEDITION AND DISLOYALTY

ART.134
REBELLION OR INSURRECTION

Q: How is this committed?

1. There is –
a. A public uprising AND (*whatever you do, do NOT forget the conjunctive)
b. A taking up of arms against the government
2. The purpose of the uprising or movement is either –
a. To remove from the allegiance to said Government or its laws…
i. The territory of the Philippines OR any part thereof (*do NOT forget the
disjunctive); or
ii. Any body of land, naval, or other Armed Forces
b. To deprive the Chief Executive or Congress wholly or partially of any of
their powers of prerogatives

Q: Differentiate this from

Treason

TREASON REBELLION
(ART.114) (ART.134)
RE: Manner of Two‐Witness Rule Ordinary Rules of Evidence
Prosecution
RE: Time of Commission Time of War Time of Peace
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Q: Give an example of Rebellion in the Philippines

Q: Can this be committed by a single person?

No, it is a crime of masses

Q: Who may be liable?

The Leaders and the Participants

Q: Suppose an NPA officer asked you to encash some of their checks and deliver the
money to them. Are you liable?
No, mere adherence to the enemy by giving them aid or comfort is NOT punishable
in rebellion

Q: Members of the NPA kidnapped a Chinese merchant and demanded ransom. Upon
payment, the merchant was released and the ransom was used by the NPA to finance
its activities. What crime/s was committed?
Rebellion ONLY

Q: Why is that?
Because Rebellion ABSORBS common crimes committed in furtherance of its
goals. It may not be complexed with those crimes in order to aggravate the
liability of the accused

*NB: Absorption of crimes is NOT synonymous with Complex Crimes. In

complexing, the liability of the accused is the one for the greater offense. In
Absorption, the liability is set by law and may not be aggravated by the
commission of another crime. Why? Because penal laws should be construed
liberally in favour of the accused and strictly against the State. That’s just the
way it is.

Q: Suppose the kidnappers distributed the ransom amongst themselves and did not
remit the money to their higher‐ups, what crime was committed?
Kidnapping, the crime is not absorbed by rebellion because it was not committed
in furtherance of the political goals of rebellion

Q: The NPA ambushed the Governor and killed him for being corrupt. What crime was
committed?
Rebellion

Q: May they be prosecuted for Murder?

No, the crime is absorbed in Rebellion

Q: Suppose they raped the daughter of the Governor, What crime/crimes were committed?
HIRYU KIMIKO OKUBO

1. Rebellion
2. Rape
*separate, not absorbed – because the rape was not committed in furtherance
of rebellion

Q: Factory employees organized themselves as an armed group and become so

powerful they had a strike and declared their factory as being under their own laws.
They killed 10 persons in the process. What crime was committed?
Rebellion

Q: Suppose the leader of the Rebellion is unknown. Who may be held liable?
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Any person who speaks for signs receipts for, or directs the Rebellion, or
performs similar acts on behalf of the rebels

Q: Will conspiracy to commit Rebellion make you liable?

Yes

Q: How about proposal to commit it?

No
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NOTES:

*The success of a rebellion is immaterial. Whether it failed or not does not affect the
liability of the accused

*The purpose of rebellion is always political

*The term ‘Rebellion’ is used when the object is to completely overthrow the
government and supersede it

*Insurrection refers to a movement which seeks merely to effect some change of

minor importance to prevent the exercise of government authority with respect to
particular matters or subjects

*An actual clash of arms between government forces and the rebels is not necessary
to convict the accused who is in conspiracy with others actually taking arms against the
government

*The purpose of the uprising must be shown although it is not necessary that it is actually
achieved

*Rebellion refers to the armed act of seeking a change of government without external
participation

*Actual participation here refers to rising publicly and taking up arms against the
government. If there doesn’t happen to be a public uprising, the crime is direct assault

*Mere giving of aid or comfort is not a criminal act in the case of rebellion. Merely
sympathizing with the rebels is not considered as participation in the rebellion. There
must be actual participation in the uprising.

*There doesn’t have to be actual killing of any person. The mere threat of removing
the Philippines from the control of the government through force or violence is
sufficient

*Rebellion cannot be complexed with other common crimes, HOWEVER, illegal

possession of firearms in furtherance of rebellion is DISTINCT from the crime of
rebellion.

*Rebellion is a CONTINUING CRIME

*A private crime (aka. crimes against chastity ‐ note that RAPE is no longer a private
crime by virtue of RA 8353) may be committed during rebellion
HIRYU KIMIKO OKUBO

PONCE‐ENRILE v. SALAZAR
Narvasa, J.
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FACTS:
Senate Minority floor leader Juan Ponce Enrile was arrested on the strength of a warrant issued on an
information charging him and the spouses Rebecco and Erlinda Panlilio, and Gregorio Honasan for the
crime of ‘rebellion with murder and multiple frustrated murder’ which they allegedly committed during
the period of the failed coup attempt from November 29 to December 10, 1990. Enrile was taken and
held overnight at the NBI Headquarters in Taft Avenue without bail, none having been recommended
by the Prosecutor. The following morning he was brought to Camp Tomas Karingal in Quezon City, and
given over to the custody of the Superintendent of the Northern Police District. Enrile filed for Habeas
Corpus, alleging that he was being held to answer for a criminal offense not contained in the statute
books, that he was charged in an information for which no complaint was initially filed or preliminary
investigation conducted, that he was denied his right to bail and arrested and detained on the strength
of a warrant issued without the judge having first personally determined the existence of probable
cause.

ISSUES:
1. Can Senator Enrile be held liable for the complex crime of ‘Rebellion with murder
and multiple frustrated murder’?
2. Was the arrest warrant issued without the judge’s personal determination of
probable cause?
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HELD:
1. NO. As held in the Hernandez case, rebellion cannot be complexed with any other offense
committed on the occasion thereof, either as a means necessary to its commission or as an
unintended effect of an activity that constitutes rebellion. The information filed against him
does in fact charge an offense. Read in the context of Hernandez, the information charges
Enrile with a crime defined and punished by the Revised Penal Code: simple rebellion.

2. NO. It is sufficient that the Judge follows established procedure by personally evaluating the
report and supporting documents submitted by the Prosecutor. Merely because respondent
Judge Salazar had what some might consider a relatively brief period (1 hour and 20mins)
within which to comply with the duty gives no reason to assume that he had not, or could not
have so complied; nor does that single circumstance suffice to overcome the legal presumption
that official duty has been regularly performed.

‐ oOo –

PONCE‐ENRILE v. AMIN
Gutierrez, Jr., J.
FACTS:
Together with the filing of an information charging Sen. Enrile with ‘Rebellion complexed with
Murder and Multiple Frustrated Murder’ in the Regional Trial Court of Quezon City, Government
Prosecutors filed another information charging him with a violation of Presidential Decree 1829.
The information alleged that Enrile, who had reasonable ground to believe or suspect that ex‐
Colonel Gregorio Honasan had committed a crime, voluntarily concealed the ex‐Colonel in his
own residence in Dasmariñas Village, Makati. Enrile filed an omnibus motion to quash or
dismiss on the ground, among others, that the pending charge of rebellion complexed with
murder and frustrated murder precluded the prosecution of a violation of PD 1829. His motion
was denied. The respondent Judge upheld the prosecution’s contention that simultaneous
proceedings are permissible because Rebellion is based on the Revised Penal Code; where the
instant case is based on a special law. Enrile appealed to the Supreme Court, and the High
Court issued a Temporary Restraining order enjoining proceedings in the instant case.

ISS
UE: Can Senator Enrile be simultaneously charged withobstruction of justice, a
violation of Presidential Decree 1829; and the Revised Penal Code, with regards to
Rebellion?

HELD:
NO. If a person cannot be charged with the complex crime of rebellion for the greater penalty
to be applied, neither can he be charged separately for two different offenses where one is a
HIRYU KIMIKO OKUBO

constitutive or component element of, or committed in furtherance of rebellion. Being in

conspiracy with Honasan, Enrile’s alleged act of harbouring/concealing was for no other
purpose but to further the crime of rebellion, thus constituting a component thereof. The
crime of rebellion consists of many acts. The acts committed in furtherance of it, though
crimes in themselves are deemed absorbed in the one single crime of rebellion. They cannot,
therefore, be made the basis of separate charges. The rationale remains the same: all crimes,
whether punishable under a special law or general law, which are components or ingredients,
or committed in furtherance thereof, become absorbed in rebellion and cannot be isolated and
charged as separate crimes. The theory of absorption in rebellion cases must not confine itself
to common crimes but also to offenses under special laws which are perpetrated in furtherance
of the political offense.
 CRIMINAL LAW II 7
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‐ oOo –
 CRIMINAL LAW II 8
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UMIL v. RAMOS
Per Curiam
FACT
S:
Consolidated cases for Habeas Corpus.

RE: ROLANDO DURAL

Ronnie Javellon was arrested without a warrant while he was confined at the
Saint Agnes Hospital and receiving treatment for gunshot wounds. The doctors
alerted the military to his presence there. He was identified the day before as
being one of the people who shot 2 CAPCOM policemen in their patrol car.
Javellon later turned out to be Rolando Dural, a known NPA member.

RE: AMELIA ROQUE, WILFREDO BUENAOBRA, DOMINGO

ANONUEVO, RAMON CASIPLE, AND VICKY OCAYA
The accused were arrested after military agents received information from a
former NPA member that two houses – one occupied by Renato Constantine and
located in Molave Street, Marikina Heights, Marikina; and one occupied by Benito
Tiamzon – were being used as NPA safehouses. The houses were put under
military surveillance. Pursuant to a search warrant, Renato Constantine was
confronted. He could not produce any permit for the firearms in his house, as
well as the ammunitions, radio and other equipment in the residence. He also
admitted that he was a ranking member of the NPA. Wilfredo Buenaobra
arrived at the safehouse and had letters for Constantine and other rebels. He also
admitted to being an NPA courier. Amelia Roque was arrested in consequence to
Buenaobra’s arrest because he had in his possession papers leading to her
whereabouts. Subversive documents and live ammunition were found in her
possession and she admitted to belonging to the group. Domingo Anonuevo and
Ramon Casiple arrived at the safehouse and agents frisked them, finding
subversive documents, and loaded guns without permits. Vicky Ocaya was
arrested without a warrant when she arrived at the house of Benito Tiamzon.
Tiamzon’s house was the subject of a search warrant. Ammunition and subversive
documents were thereafter found in Ocaya’s car.

RE: DEOGRACIAS ESPIRITU

The accused was arrested without a warrant on the basis of the attestation of
certain witnesses that at 5:00pm, at the corner of Magsaysay Boulevard and
Velencia Street, Sta. Mesa, Manila, and on November 22, 1988, Espiritu spoke at
a gathering of drivers and sympathizers, saying ‘Bukas tuloy ang welga natin,
hanggang sa magkagulo na.’

RE: NARCISO NAZARENO

Romulo Bunye II was killed by a group of men in Alabang, Muntinlupa. 14 days
HIRYU KIMIKO OKUBO

later, Ramil Regala, one of the suspects, was arrested and he pointed out Narciso
Nazareno as one of his companions during the killing. That same morning,
Nazareno was arrested without a warrant.

ISSUE:
Were the arrests validly effected?
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HELD:
RE: ROLANDO DURAL
YES, the warrantless arrest was valid. He was committing an offense when he was arrested –
being an NPA member. The NPA is an outlawed organization and membership therein is a
continuing crime. He did not cease to be a subversive for purposes of arrest simply because he
was confined at St. Agnes Hospital. Military agents were dispatched on confidential information
to verify if an NPA member had indeed been admitted for a gunshot wound. The information
was based on actual facts, supported by circumstances sufficient to engender a belief that an
NPA member truly was in that hospital.

RE: AMELIA ROQUE, WILFREDO BUENAOBRA, DOMINGO ANONUEVO,

RAMON CASIPLE, AND VICKY OCAYA
YES, their arrests were all valid. They were searched pursuant to search warrants and were
found with unlicensed firearms, explosives and ammunition. They were caught in flagrante
 CRIMINAL LAW II 10
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delicto. The reason for all their arrests was that military authorities received information about
2 safehouses being used by the NPA, with exact locations and the names of Renato Constantine
and Benito Tiamzon. At the time of their arrests, they had ownership of unlicensed firearms,
ammunition, subversive documents. They also admitted to membership in the NPA. There was
probable cause to support their warrantless arrests.

RE: DEOGRACIAS ESPIRITU

YES, the warrantless arrest was valid. He was arrested not for subversion but for uttering
words which the arresting officers believed to constitute Inciting to Sedition. The case was
mooted anyhow, considering the failure of the investigating officers to appear at the re‐
investigation.

RE: NARCISO NAZARENO

YES, the warrantless arrest was valid. Although Nazareno’s arrest was effected 14 days later,
the arrest falls under Sec.5(b), Rule 113 of the Rules of Court since it was only then that the
police came to know that Nazareno was probably one of those guilty in the killing of Bunye II.
The arrest had to be made promptly, even without a warrant, to prevent possible flight.

ART.134‐A
COUP D’ETAT

Q: Who is the offender here?

Member of the military, police; public officers or employees

Q: Differentiate this with

Rebellion
REBELLION
(ART.134)
RE: Persons Liable Public Officers/Employees
and Private Individuals
RE: Manner of Rising Publicly and Taking
Commission Up Arms against the
Government
RE: Purpose of To remove from allegiance
Commission to the Government the
territory of the Philipines or
any part thereof, or any
body of land, naval or
other armed forces;
COUP D’ETAT
(ART.134‐A)
Public
Officers/Employees,
Military men, Police
Officers
A Swift attack accompanied
by violence, intimidation,
threat, strategy or stealth
Seizing or diminishing state
power
HIRYU KIMIKO OKUBO

To deprive the Chief

RE: Target of Attack
Executive or Congress,
wholly or partially, of any of
their prerogatives or powers
The Government
Authorities of the
Philippines, Military Camps,
Installations,
Communications Networks,
Public Utilities or other
facilities
 CRIMINAL LAW II 11
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Q: May coup d’etat be commited by a single person?

Yes

Q: May it be committed secretly?

Yes (use of stealth)
 CRIMINAL LAW II 12
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Q: May a private individual be held liable for coup d’etat?

No

TREASON REBELLION COUP D’ETAT SEDITION

(ART.114) (ART.134) (ART.134‐A) (ART.139)
Nature of Crime Against Crime Against Crime Against Crime Against
the
Crime National Public Order Public Order Public Order
Security
Overt Acts Levying war Public Uprising; Swift attack Rising publicly or
against the accompanied by tumultuously
government; Taking up arms violence,
against the intimidation, *NB:
‘tumultuously’
Adherence to government threat, strategy refers to the
the or
enemies, giving stealth presence of more
them aid or than 3 (i.e.: at
least
comfort 4) armed men or
men provided
with
means for
violence
Purpose or To deliver the To remove from Seizing or To prevent the
Objective government, allegiance to the diminishing promulgation or
state
during time of Government the power execution of any
war, to the territory of the law or the holding
enemy
Philipines or any of any popular
part thereof, or election;
any body of
land,
naval or other To prevent the
armed forces; National
Government or
any
To deprive the provincial/
municipal
Chief Executive government or
or any
Congress, public officer
wholly
or partially, of thereof from
any freely
of their exercising its or
HIRYU KIMIKO OKUBO

his
prerogatives or functions; or to
powers prevent the
execution of any
administrative
order;

To inflict any act

of
hate/revenge
upon
the person or
 CRIMINAL LAW II 13
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property of any
public
officer/employee;

To commit, for
any
political or social
end, any act of
hate/revenge
against private
persons or any
social class;
To despoil, for
any
political or social
 CRIMINAL LAW II 14
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end, any person,

municipality or
province, or the
National
Government if all or
any part of its
property.

Q: Conspiracy to commit rebellion, how is this

committed? Q: Proposal to commit rebellion,

how is this committed?

Q: 5 members of the NPA ambushed and killed a company manager because he was
responsible for the dismissal of several workers. The workers were dismissed for union
busting. What crime was committed?
Rebellion

Q: Prof. Amurao flunked ½ of the class. He received a threat to change the grades or
else he would be killed. He refused to change the grades. The following day, he was
ambushed by an NPA member who happened to be the brother of one student who
failed. What crimes were committed?
1. Rebellion (brother was an NPA member, rebellion is a continuing crime)
2. Grave Coercion
3. Murder complexed with Direct Assault
*All separate, not absorbed by rebellion because the common crimes were
not committed in furtherance of rebellion

Q: The provincial governor was liquidated by the Alex Boncayao Brigade (an NPA
liquidation squad – think: people who kill other people for the NPA). The governor had
been a known drug lord. He was found and killed by the Brigade. What crime was
committed?
Rebellion

Q: 2 Victory Liner Buses were burned by the NPA because the management of Victory
refused to pay revolutionary taxes. 2 passengers died. What crime was committed?
Rebellion

Q: The sister of an NPA officer was raped by the commanding officer of the AFP. The
prosecution for rape was dismissed. To avenge the injustice, the NPA officer killed the
military commander. What crime/s did he commit?
1. Rebellion
HIRYU KIMIKO OKUBO

2. Murder
*Separate, because the murder was committed for a personal motive

ART.135
PENALTY FOR REBELLION, INSURRECTION OR COUP D’ETAT

Q: Who are liable?

1. Any person who ‐
a. Promotes
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b. Maintains
c. Heads a rebellion or insurrection
2. Any person who, while holding any public office or employment, takes part
therein by ‐
a. Engaging in war against the forces of the government
b. Destroying property or committing serious violence
c. Exacting contributions or diverting public funds from the lawful purpose
for which they have been appropriate
3. Any person merely participating or executing the command of another in a
rebellion
 CRIMINAL LAW II 16
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*NB:
Persons Liable, as far as their occupations are concerned:
A. PERSONS IN GOVERNMENT SERVICE
Anyone who leads, directs, or commands others to undertake a coup d’etat
B. PERSONS NOT IN GOVERNMENT SERVICE
Anyone who participates or in any manner, supports, finances, abets or
aids others in the commission of coup d’etat

NOTES

*Serious violence is that inflicted upon civilians which may result in homicide. It is not
limited to hostilities against other military forces

*Diversion of Public Funds is Malversation, but when committed here, it is absorbed by

rebellion.

*The public officer, to be liable, must take active part. Mere silence or omission is not
punishable in rebellion

*Common crimes committed for profit or personal motives, without any political
motivation, would be separately punished and not absorbed in rebellion

ART.136
CONSPIRACY AND PROPOSAL TO COMMIT COUP D’ETAT,
REBELLION OR INSURRECTION

*NB: It helps to know by heart the definition of ‘conspiracy’ and ‘proposal’

Q: Suppose military officers met outside the PH and agreed and decided to seize power
from the present administration. Upon arrival in the PH, they were arrested and
prosecuted for conspiracy to commit a coup d’etat. Are they liable?
No, the crime was committed outside the country. It cannot be prosecuted here
because it is not one of the exceptions to the rule on territoriality, as
enumerated under Art.2 of the RPC

ART.137
DISLOYALTY OF PUBLIC OFFICERS OF EMPLOYEES

Q: How is this committed?

HIRYU KIMIKO OKUBO

1. By failing to resist a rebellion by all the means within one’s power

2. Continuing to discharge the duties of office under the control of the rebels
3. Accepting appointment to office under

the rebels Q: Give an example

NOTES

*Art.137 presupposes the existence of rebellion. No rebellion, no crimes committed under

Art.137

*The public officer/employee so charged must not be in conspiracy with the rebels or
 CRIMINAL LAW II 17
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coup plotters else his liability is under art.135/art.136

*If the position was accepted in order to protect the people, the official is not liable

*The collaborator must not have tried to impose the wishes of the rebels on the people
 CRIMINAL LAW II 18
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ART.138
INCITING TO REBELLION OR INSURRECTION

Q: How is this committed?

1. The offender does not take arms, nor is he in open hostility against the
government
2. He incites others to the execution of any of the acts of rebellion
3. The inciting is done by means of speeches, proclamations, writings,
emblems, banners or other representations tending to the same end

Q: Suppose a member of the NPA was going around, recruiting members. What crime was
committed?
Rebellion

Q: An ordinary barangay leader, fed up with the present administration, gave speeches
aimed at persuadingor convincing people to join him in the fight against the
government. What crime did he commit?
Inciting to rebellion

Q: Suppose the audience before whom he spoke was finally induced and persuaded
to join the movement to overthrow the government. What crime did he commit?
Rebellion
The persons induced will be principals by direct participation
The offender is a principal by inducement in the crime of rebellion

Q: And if the audience was not convinced? What are the respective liabilities?
The speaker = Inciting to
Rebellion The audience = No
liability

Q: You were walking along Makati, naked, with a placard saying ‘Down with the Aquino
Administration’. You were distributing flyers containing pictures of a corrupt
government, and inviting the reader to join you and overthrow the government. What is
your liability?
Inciting to Rebellion

Q: Distinguish Art. 136 from Art. 138

PROPOSAL TO COMMIT INCITING TO

REBELLION REBELLION
(ART.136) (ART.138)
The person making the proposal has decided to It is not required that the offender has decided
commit the rebellion, i.e.: to take active part in to
HIRYU KIMIKO OKUBO

it actually commit rebellion

The person who proposes the execution of the The inciting is done publicly
crime uses secret or covert means

Q: Give examples (*note: examples, plural) of military camps or reservations

‐The army reservation in Fort Bonifacio
‐The Philippine Military Academy
‐Villamor Air Base
‐Camp Crame
‐Camp Dangwa
‐Navy Headquarters
 CRIMINAL LAW II 19
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‐Poropoint in San Fernando, La Union

Q: Give examples of Communications Networks

*NB: this may include privately‐owned companies (i.e.: PLDT, Smart, Globe, ABS‐
CBN etc)

Q: Give examples of Public Utilities

*NB: ‘public’ – mind the examples, MERALCO is now privately‐owned, btw
‐MAYNILAD
 CRIMINAL LAW II 20
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‐NAIA
‐DMIA

Q: Death occurring during a coup d’etat – is this a

separate crime? No, it is absorbed. Violence is an
element of coup d’etat

Q: When may civilians be liable for coup d’etat?

When they participate, support, finance, aid or abet the coup

ART.139
SEDITIO
N

*NB: Pay close attention to this one, it comes up during

Midterm Exams Q: How is this committed?

1. The offenders rise –
a. Publicly (*NB: of there is NO public uprising, the crime = tumults and
other disturbances of public order); AND (*NB: conjunctive – very
important)
b. Tumultuously (vis‐a‐vis rebellion where there must be a ‘taking up of
arms against the government)
2. They employ threat, intimidation, or other means outside of legal methods
3. The offenders employ any of those means to 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 official 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 (*NB: even private individuals
may be offended parties, not just the government or public officials)
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

Q: When is a public uprising deemed ‘tumultuous’?

When there is the presence of at least 4 (and ALL four must be armed) men
provided with means for violence
HIRYU KIMIKO OKUBO

Q: 10 persons armed themselves for the purpose of preventing the holding of a

referendum through violence. Are they liable for sedition?
No, a referendum is different from a popular election

Q: Several members of a barangay armed themselves and proceeded to the election

precincts, and prevented the election officers from performing their duty. What crime
was committed?
Sedition in the 1st manner

Q: The city engineer of Makati issued an order for the demolition of the shantytowns in
a certain area. When the demolition was about to take place, residents of the area
blocked the road leading to the site, the purpose of doing so is to prevent the city
 CRIMINAL LAW II 21
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engineer and his men from pushing through with the demolition. What crime was
committed?
Sedition in the 2nd manner

Q: Suppose Bayani Fernando, pursuant to his project ‘Metro Gwapo’, relocated all the
squatters in Baclaran. One morning while inside the Baclaran Church, the residents set
his car on fire. What crime or crimes did they commit?
1. Sedition
 CRIMINAL LAW II 22
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2. Arson
*separate crimes: unlike rebellion or coup d’etat, sedition does NOT absorb
commit crimes committed in furtherance of its goals

Q: Suppose you have a grudge against your municipal mayor and you burned down his
house. What crime/s may you be liable for?
1. Sedition in the 3rd manner
2. Arson
*separate crimes

Q: Suppose you shoot him instead

1. Sedition in the 3rd manner
2. Murder/Homicide
*separate crimes

Q: Give an example of the 4th

objective Q: Give an example of

the 5th objective

Q: Conspiracy to commit sedition, how is this

committed? Q: Inciting to sedition, how is this

committed?

Q: Give an example of inciting to sedition in the 1st manner

Q: What are the two rules in determining culpability, as far as inciting to sedition goes?
1. The Clear and Present Danger Rule
2. The Dangerous Tendency Rule

Q: What is employed in this jurisdiction?

Both Rules, depending on the attending circumstances

Q: Is there such a crime as ‘proposal to commit sedition’?

None

Q: Suppose you incited others to commit sedition and they did. What crime was
committed?
Sedition

Q: What is meant by ‘scurrilous libels’?

HIRYU KIMIKO OKUBO

Writings that are low, vulgar

and mean Q: Give an example

Q: May inciting to sedition be committed by

mere silence? Yes, by ‘knowingly
concealing such evil practices’

Q: What is sedition?
A Raising of commotion or disturbances in the State, possessing as its ultimate
objective a violation of the public peace or at least such measures that evidently
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engender such violations

Q: May sedition be committed by 3 persons?

No – there must at least be 4 armed persons

Q: If there are 50 persons who are not armed, is there sedition?

None

Q: 20 persons, with only one carrying a .45cal

revolver No
 CRIMINAL LAW II 24
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*NB: it doesn’t matter how many people there are, it matters how many ARMED
people there are – mind the qualification for means of violence

Q: If no one was carrying a gun but 5 were

carrying arms Sedition

Q: If 6 were carrying World War II vintage M‐1 Garand Rifles that would
not even fire?
Sedition (trolling moment: they can still be used to hit somebody :D )

Q: What if those 6 people were armed with stones? Scissors? Needles?

Yes to all the above, the crime is sedition – these items may be used for
violence (trolling moment: Ever been poked in the eye with a needle? There you
go – violence :D)

Q: What is the liability of the participants, supposing they were not able to achieve the
purpose they aimed for?
Sedition, The crime is consummated once all the elements concur (think: public
and tumultuous uprising + any of the 5 objects of sedition) – the success of the
endeavour is not an element

*NB: That’s how it works. Once ALL elements are present, criminal liability inures
(automatically attaches) to the offense. Check the elements for every crime – if
they are incomplete, the crime is not consummated.

Q: The MMDA was set to demolish a shantytown. The residents blocked the MMDA
officials’ access to the site. The police arrived and the residents dispersed, allowing the
demolition officers to do their job. Are the residents liable?
Yes, the crime was already consummated

Q: Same facts, except that the residents held only pieces of wood. Are they liable?
Still liable (trolling moment: being hit by a piece of wood… hurts. Violence, mates.)

Q: In the 1st manner, is it necessary that the holding of popular elections is actually
prevented?
No

Q: In the MMDA example, suppose there were 20 residents, only one carried a firearm,
the rest were simply being rowdy and noisy. The armed resident fired at a vehicle
owned by the MMDA. The driver died. What is the armed resident’s liability?
Murder/Homicide
HIRYU KIMIKO OKUBO

*NB: NOT sedition. Notice, he was the only one armed

Q: Suppose that the remaining 19 residents picked up pieces of wood. What is the liability
of the resident who shot a member of the demolition team?
1. Sedition
2. Murder/Homicide
*separate crimes because sedition does not absorb common crimes

Q: What is the legal effect of common crimes in sedition?

They are not absorbed and will be prosecuted independently of the case for sedition
 CRIMINAL LAW II 25
K notes

Q: May they be complexed with sedition?

No

Q: Give an example of common crimes committed in sedition

*trolling moment ‐ formula: sedition (public and tumultuous uprising + any of the
5 objectives) + any of the common crimes (i.e.:
murder/homicide/arson/rape/serious physical injuries etc) + a whole lot of
imagination. Go for it :P
 CRIMINAL LAW II 26
K notes

NOTES:

*As differentiated with rebellion, the nature of sedition may be either political or social,
whereas rebellion is always political

*The offender in sedition may be either a public or private individual

*A public uprising AND an object of sedition must concur, else it isn’t sedition

*Common crimes are NOT absorbed by sedition

*Preventing an election through legal means (i.e.: electoral contests, filing civil cases
pertaining to elections) is not contemplated by sedition

*Persons liable for sedition are (1) the leader/s and (2) other persons participating in the
seditious act/s

ART.143
ACTS TENDING TO PREVENT THE MEETING OF THE NATIONAL ASSEMBLY AND
SIMILAR BODIES

Q: How is this committed?

1. There is a projected OR (*NB: disjunctive – very important) actual 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. The offender – who may be any person – prevents such meeting by force or
fraud (*NB: mind the 2 manners of prevention: force or fraud)

Q: Give an example

Q: What are the legislative bodies included in the

provision? Q: May this be committed by a

participant of the meeting?

Yes, ‘any person’

ART.144
DISTURBANCE OF PROCEEDING
HIRYU KIMIKO OKUBO

Q: How is this committed?

1. There is a meeting of Congress or any of its committees, constitutional
commissions or committees or divisions thereof, or of any provincial
board/city/municipal council or board
2. The offenders 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

Q: Give an example
 CRIMINAL LAW II 27
K notes

Q: Meeting of a committee created by the Senate. A resource person was being

interpolated. Someone in the audience shouted and booed the interpolating Senator. Is
that someone liable?
Yes

Q: May the Senate also cite him for contempt?

Yes
 CRIMINAL LAW II 28
K notes

Q: May the Senator also order that person’s incarceration?

Yes

NOTES:

*The nature of the crime of ‘disturbance of proceeding’ is criminal. When the Senate
cites a person in contempt, the nature of that offense (the one found to be
contemptuous) is essentially legislative. Hence, the 2 offenses are independent of each
other, even if they result from the same overt act.

*The Senate, in the exercise of its inherent plenary powers, may also order the
incarceration of the accused, notwithstanding the filing of a criminal case for Art.144

ART.145
VIOLATION OF PARLIAMENTARY IMMUNITY

*NB: It helps to review the table of penalties, as well as the definition of concepts like
‘session of Congress’ and ‘parliamentary immunity’

Q: How is this committed?

1. By using force, intimidation, threats or fraud to prevent any member of
Congress from –
a. Attending the meeting of the assembly or any of its committees,
constitutional commissions, or committees or divisions thereof, or from
b. Expressing his opinions or
c. Casting his vote
2. By arresting or searching any member of Congress while Congress is in
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:
a. The offender = a public officer/employee
b. He arrests or searches any member of Congress
c. Congress, at the time of the arrest or search, is in a regular or special
session;
d. The member searched/arrested has not committed a crime punishable
under the RPC by a penalty higher than prision mayor

*NB: Under the 1987 Constitution (which, needless to say, takes

precedence over the RPC), the privilege from arrest of any member of
Congress while the same is in session extends to all offenses punishable
by not more than 6 years of imprisonment. The ambit of the privilege,
therefore, includes offenses punishable by prision mayor, which runs from
HIRYU KIMIKO OKUBO

6 years and 1 day to 12 years.

Q: Give an example of the 1st manner of commission

Q: Is it necessary that the member is actually prevented from doing those things?
No

Q: May the crime be committed outside the Halls of Congress?

Yes

Q: Suppose the committee on public order of the House of Representatives (HR)

 CRIMINAL LAW II 29
K notes

scheduled a meeting in Basilan. The meeting was in connection to the hostages taken
by the Abu Sayyaf. Because the airport was waylaid by persons, they were not able to
attend the meeting. Are those persons liable?
Yes

Q: Give an example of preventing a legislator from

expressing his opinion Q: Where should that opinion be

expressed?
 CRIMINAL LAW II 30
K notes

In the Legislature, in the halls of congress, during the meeting or session

Q: And if the legislator was invited to give an graduation address?

No liability for the offender under Art.145. He may be held liable, however,

for grave coercion Q: Give an example of preventing a legislator from casting his

vote

Q: Suppose that despite the threat, the legislator still casted his vote. Is the offender still
liable?
Yes

Q: What consummates the crime in the 1st manner?

Employing force, intimidation of threat

*NB: It isn’t necessary that the offender actually succeeds in

preventing the legislator Q: How is the 2nd manner committed?

Q: What is the duration of Prision

Mayor?
6 years, 1 day to 12 years

Q: So you’re saying that a legislator may only be arrested when his offense carries with
it a penalty higher than 12 years?
No – if the crime was committed when Congress is not in session, he may be
arrested despite the fact that the penalty is not within the privileged range
provided for in art.145

Q: When a member of Congress commits a crime and the penalty for it is 6 years, may he
be arrested?
No

Q: If the penalty is higher than 6 years?

Yes

Q: Even if Congress is in session?

Yes, even if

Q: If Congress is not in session, may he be arrested, regardless of the penalty?

Yes

*NB: 2 important qualifications in this crime are (1) the penalty for the offense
HIRYU KIMIKO OKUBO

committed and
(2) whether Congress happens to be in session or not

Q: Physical Injuries committed long before the legislator was elected. A warrant of
arrest was issued for the offense, which is punished by Prision Correccional. Congress
is in Session. May he be arrested?
No

Q: The lower house is in session from July 1 to October 31. On September 15, the
warrant was issued. The legislator was arrested in his house. Are the arresting officers
liable?
 CRIMINAL LAW II 31
K notes
Yes

*NB: By ‘session’, the law does not mean the time when the members of
Congress are actually sitting in the Halls of Congress. As far as the concept goes,
Congress is ‘in session’ 24/7 and is deemed to be ‘in session’ for all the days
included in the period of July 1 to October 31

Q: What is meant by ‘session’?

The time inclusive of the initial convening until final adjournment

Q: Same facts, except that the offense committed was murder. Would the police still be
liable?
Not anymore, the penalty for murder is higher than 6 years
 CRIMINAL LAW II 32
K notes

Q: A person committed a crime before he became a Member of Congress. When he was

elected, the warrant of arrest was issued. The penalty for the crime he committed is 6
years. The officers arrested him, are the officers liable?
Yes

Q: A Congresswoman committed plunder long before being elected. A corresponding

information was filed with the Sandiganbayan. May she be arrested, notwithstanding
the fact that Congress is in session?
Yes, the penalty for plunder is higher than 6 years

Q: Suppose a legislator uttered gravely slanderous words against you. Can you file a case
against him?
Yes, the immunity is from arrest and searches only, NOT from the filing of complaints

*NB: file anytime you want, but be mindful that filing is NOT the same as
arrest/search. For the latter, the law imposes certain qualifications.

Q: So if the court prepared a warrant of arrest but did not have it implemented, the court
is not liable?
Yes, the court is not liable. What is punished is actual arrest/search

ART.146
ILLEGAL ASSEMBLIES

Q: What are the 2 kinds of illegal assemblies?

1. Any meeting attended by armed persons for the purpose of committing any of
the crimes punishable under the RPC
2. Any meeting in which the audience, whether armed or not, is incited to the
commission of the crime of treason, rebellion or insurrection, sedition or
assault upon a person in authority or his agent

Q: Who may be criminally liable?

1. The leaders/organizers of the meeting
2. The persons merely present at the meeting

Q: What is the presumption of the law, if a person at the meeting carries an unlicensed
firearm?
1. It is presumed that the purpose of the meeting insofar as he is concerned, is
to commit acts punishable under the RPC
2. He is considered a leader/organizer of the meeting

Q: In the 1st form, how many persons must be armed?

HIRYU KIMIKO OKUBO

At least 2 since the law speaks of ‘persons’ (plural)

Q: Suppose there are 10 members, only 1 of them is armed with 10 hand grenades.
Is the same considered an illegal assembly?
No

Q: Suppose then that 5 of them are armed and the purpose of their meeting is to sell
shabu, marijuana and cocaine. Will they be liable for illegal assembly under the 1st
manner?
No, the crime committed is a violation of a special law (CDDA), not the RPC
 CRIMINAL LAW II 33
K notes

Q: And if the purpose was to steal cars?

They are not liable, they violated a special law (Anti‐Carnapping Law)

Q: What if they planned to rob a bank?

They are liable, robbery is punishable

under the RPC Q: What is the 2nd manner of

commission?

Q: Is it necessary that the persons attending the meeting be armed, under the 2nd
manner?
 CRIMINAL LAW II 34
K notes

No

Q: Suppose you and your classmates gathered together since the midterm exam is
upcoming and you knew for a fact that all of you would fail. You planned to wipe your
criminal law teacher off the face of the planet. Will you be liable for illegal assembly?
Yes, under the 2nd manner

Q: Why?
Because the members are incited to commit the crime of direct assault upon a
person in authority

Q: Suppose that instead of going to class, you and 10 other classmatesgathered together
for a meeting wherein you, as the leader, incited them to join the NPA. What is your
liability?
1. Inciting to Rebellion (*NB: you merely incited them, no mention was made
as to whether or not they actually joined)
2. Illegal Assembly in the 2nd manner
*separate crimes

Q: And the liability of your classmates, assuming they join the NPA?
Rebellion by direct participation

Q: What is your liability if your classmates end up joining the NPA?

Rebellion as principal by inducement

*NB: the classmates actually joined the NPA. You induced them to.

Q: What would be your liability if your classmates did NOT end up joining the NPA?
Illegal Assembly (only)

*NB: It is important under the 2nd manner that the audience is incited to the
commission the crime of treason, rebellion, insurrection, sedition or assault. If the
audience ends up actually committing those crimes, the liability for those crimes
attach, as far as they are concerned. As far as the person inciting them to
commit those crimes, he becomes liable as a principal by inducement for having
caused the actual commission. It helps to recall the particeps criminis at this
point, because liabilities for crimes (as principals, accomplices and accessories)
are affected by commission or non‐commission. Remember also that when the
audience ends up committing those crimes, the leader’s liability is for the crime
they committed in addition to the liability for illegal assembly – because by the
time the audience members actually commit treason/rebellion etc, the crime of
illegal assembly in the 2nd manner has already been consummated.
HIRYU KIMIKO OKUBO

Q: What if you and your classmates met to discuss your plans for illegal recruitment?
We are liable

*NB: Remember that ESTAFA is a crime punishable by the RPC, and that
estafa can be committed in connection with illegal recruitment

ART.147
ILLEGAL ASSOCIATIONS

Q: What are illegal associations?

 CRIMINAL LAW II 35
K notes

1. Associations totally or partially organized for the purpose of committing any

of the crimes punishable under the RPC
2. Associations totally or partially organized for purposes contrary to

public morals Q: Differentiate illegal assemblies from illegal associations

 CRIMINAL LAW II 36
K notes

RE: punishable acts
RE: conduct of a
meeting
ILLEGAL ILLEGAL
ASSEMBLIES ASSOCIATIONS
ART.146 ART.147
Meeting and Assembly per The act of forming or
se are punishable organizing, as well as
membership in these
organizations is punishable
There should be an There is no need for an
actual meeting actual meeting

RE: persons liable Leaders Founders

Organizers Directors
Persons merely present Presidents
Members
RE: purpose Commit crimes punishable Commit any of the crimes
under the RPC punishable under the RPC

Incite audience to the Organizing an association or

commission of organization for purposes
treason,rebellion, contrary to public morals
insurrection, sedition,
assault

Q: Give an example of illegal associations

Q: You and your classmates form an association for the purpose of taking money from
your clients through fraudulent acts. Are you liable?
Yes, the crime we plan on committing is estafa

Q: You, along with your friends, form an association called ‘Cheats, Inc.’ in order to
help each other pass criminal law II. Will you be liable for illegal associations?
Yes, cheating is contrary to public morals

Q: An organization was formed in order to pair couples together and orchestrate false
weddings. Is this punishable?
Yes, the acts are contrary to public morals

Q: Suppose you joined an association which propagates cohabitation without the benefit
of marriage. The philosophy of the organization is that marriage is just a piece of paper,
no longer practicable nor honoured by society. Are you liable?
Yes, the organization’s purpose is contrary to public morals
HIRYU KIMIKO OKUBO

Q: An association is composed of married men and women. The purpose is to ‘foster

love’ among themselves. Are they liable?
Not necessarily, as long as they are not committing adultery or concubinage or
bigamy

ART.148
DIRECT ASSAULTS

*NB: Pay special attention, this comes up in Midterm Exams. Also, it helps to review
the elements of rebellion and sedition
 CRIMINAL LAW II 37
K notes

Q: How is this committed?

1. Without public uprising, by employing force or intimidation for the attainment
of any of the purposes enumerated in defining the crimes of rebellion and
sedition
 CRIMINAL LAW II 38
K notes

2. Without public uprising, by attacking, employing force, seriously intimidating

or seriously resisting any person in authority or his agent while the said
person or agent is –
a. Engaged in the actual performance of official duties; OR (*NB: disjunctive,
very important)
b. On the occasion of such performance (*NB: ‘on the occasion’ here does
NOT refer to the time when the performance is being done. It means ‘by
reason of’ or ‘because of’ the performance. Hence, the performance
contemplated here has already been/has previously been done. Think:
past tense, as far as the duty performed goes)

*NB: Do NOT omit the ‘without public uprising’ phrase. Once there is a public
uprising, the crime is no longer direct assault but rebellion/sedition as the case
may be.

Q: May direct assault be committed against private individuals?

Yes (see: objects of sedition, ‘xxx any act of hate or revenge… against private

individuals xxx’ Q: Give an example of direct assault in the 1st manner

Q: There are 3 armed persons who went to Binondo, employed force and intimidation
on Chinese retailers there because these retailers were dominating the retail business
area. What is the liability of the 3 persons?
Direct Assault in the 1st manner (see: 4th object of

sedition) Q: What is the 2nd manner of committing direct

assault?

Q: Who do you mean by ‘on the occasion of such performance’?

The impelling motive of the attack is the past performance of official duty

*NB: ‘past’ because if the attack was done during the actual performance, the
crime is direct assault under the 1st manner, not the 2nd

Q: Who is a person in authority? (*NB: know this by heart)

Any person directly vested with jurisdiction to govern or execute the laws,
whether as an individual or as a member of some court or government
corporation, board or commission

Q: Give examples
‐Barangay Captains
‐Mayors
HIRYU KIMIKO OKUBO

‐Governors
‐Municipal Councilors, etc.

Q: Teachers?
Yes (see: Art.152)

Q: Lawyers?
Yes (see: Art.152)

Q: A senator?
Yes
 CRIMINAL LAW II 39
K notes

Q: The President of the Philippines?

Yes

Q: Former First Gentleman Miguel Arroyo?

No, he is not vested with jurisdiction to execute the laws

Q: And who is an agent of a person in authority? (*NB: know this by heart, too)
 CRIMINAL LAW II 40
K notes

Any person who, by direct provision of law, by election or appointment by

competent authority is charged with the maintenance of public order and the
protection and security of life and property

Q: Give examples
‐Peace officers/Policemen
‐Barangay Tanods
‐Soldiers/Members of the military

Q: Between the 1st and 2nd manners of commission, is there a difference in the degree
of force necessary to commit the crime of direct assault?
Yes –
a. If the offended party is a Person in Authority, the force employed does
not have to be serious
b. If the offended party is an Agent of a Person in Authority, the force
employed must be serious

Q: When do you say that the force employed is ‘serious’?

When it indicates a determination to defy the law and its representatives

at all hazards Q: Can you give an example

Q: Suppose you were being arrested by a police officer, you hit him with your fists. Will
you be liable?
No, fist blows aren’t serious

Q: A warrant of arrest was issued against you. The police sought to implement the
warrant and your family members blocked them from entering the house. Are they
liable?
Yes, Direct Assault under the 1st manner (see: objects of sedition: preventing a
public officer from exercising his functions)

Q: Your brother was apprehended by the police while he was in a bar fight. He was
incarcerated. You asked the police for his release and they refused. You organized your
friends and went to the police headquarters and fired at the officers there. Are you
liable for Direct Assault?
Yes

Q: Under the 1st or 2nd manner?

1st – for inflicting an act of hate or revenge on an agent of a person in authority

Q: Because you flunked Criminal Law I, you pushed your professor aside when you met
him by the stairs leading up to 13L. He lost his balance but didn’t fall. Are you liable for
HIRYU KIMIKO OKUBO

direct assault?
Yes, a professor is also considered a person in authority. The force necessary need
not be serious

Q: Are all the elements present?

Yes. The offended party is a person in authority, the force used did not have to
be serious, and the attack was by reason, or on occasion of a past performance
of duty

Q: You were not able to study for Criminal Law II. You came to class and pointed a
rifle at Atty. Amurao. The rifle had a sign that read ‘Do not call me for recitation’. Will
 CRIMINAL LAW II 41
K notes

you be liable?
Yes – serious intimidation

Q: A Mayor’s mistress assaulted him in his office because the Mayor refused to support
her. Is she liable?
Yes

Q: But the reason for the assault was because he refused to support her
When the person in authority is engaged in the actual performance of duty, the
motive for the attack is immaterial
 CRIMINAL LAW II 42
K notes

*NB: motive only becomes material when the offense is committed under the
second manner i.e.: when the person in authority is not engaged in the actual
performance of duty

Q: Suppose we are having class in Criminal Law II. A person suddenly came in and
shot Atty. Amurao. The shot resulted in your teacher’s death. What crimes did that
person commit?
Direct Assault complexed with Murder/Homicide as the case may be

*NB: the teacher was in the actual performance of official duties

Q: For example, after our class in Criminal Law II, Atty. Amurao was walking along
Mendiola when a person suddenly fired at him. He eventually dies. The reason for the
attack was that Atty. Amurao had an obligation to pay the amount of Php 100,000 and
he refused to honor the obligation. What is the offender’s liability?
Direct Assault (in the 2nd manner) complexed with Murder

*NB: the teacher is no longer in the actual performance of official duties

Q: For example, you ran into your teacher in Criminal Law II along one of the corridors.
This was after your Criminal Law II class which you failed. What crime did you commit?
Direct Assault in the 2nd manner

Q: Suppose a lawyer made arguments that significantly strengthened the case for the
prosecution during the trial. The offender saw the lawyer eating at a restaurant on the
evening of the day when the judgment pronouncing the accused guilty beyond
reasonable doubt was promulgated. He fired his gun at the lawyer, causing serious
physical injuries. Is the offender liable?
Yes, the attack was committed by reason of a past performance of duty

Q: Suppose you are a governor, and you recommended your niece to the Mayor for a
position in said Mayor’s office. The Mayor deferred your recommendation because the
position was no longer vacant. When you saw the Mayor, you shot him but he did not
die. You succeeded in merely inflicting a serious wound. What crime did you commit?
Direct Assault complexed with Serious Physical Injuries

Q: Say you are a Senator. You are in a hurry so you ran a red light. The traffic enforcer
asked you to present your driver’s license but instead of complying, you pointed a gun
at him and fired, inflicting a wound. Are you liable?
Yes

NOTES:
HIRYU KIMIKO OKUBO

*Direct Assault is always complexed with the material consequence of the act (i.e.:
murder, serious physical injuries, etc.) EXCEPT when it results in a light felony, in which
case, the liability for the light penalty is absorbed by direct assault

*Hitting a policeman with your fists is not direct assault because the policeman is an
agent of a person in authority and the force necessary to consummate the crime must
be of a serious character

*Because the provision uses the phrase ‘laying hands… xxx’ on a person in authority,
the force that is necessary to consummate direct assault when the offended party is a
person in authority does not have to be serious
 CRIMINAL LAW II 43
K notes

*The intimidation or resistance employed against both a person in authority and his
agent must be of a serious character

PERSON IN AGENT OF A PERSON IN

AUTHORITY AUTHORITY
RE: force employed Need not be serious Must be of a serious
character
 CRIMINAL LAW II 44
K notes

RE: intimidation or resistance Must be of a serious character Must be of a

serious character

*Even when the person in authority/agent agrees to fight, the crime is still direct
assault. Their agreement to fight does not mitigate the liability

*BUT when the person in authority/agent PROVOKES the fight (i.e.: the PIA/agent
attacks first), the innocent party is entitled to plead legitimate self‐defence

*Direct Assault cannot be committed during rebellion – recall: elements of both crimes,
need for public uprising in rebellion

ART.149
INDIRECT ASSAULT

Q: How is this committed?

1. A person in authority or an agent of a person in authority is a victim of any
form of direct assault defined under art.148 (*NB: notice that one of the
elements of this crime is a crime in and of itself – direct assault under
art.148)
2. A person comes to the aid of such person in authority/agent
3. The offender makes use of force or intimidation upon the person who came to
the aid of the person in authority/agent

Q: Does the person coming to the aid of the Person in Authority/Agent have to be a public
officer?
No, even a private individual may come within the purview of the provision, as
long as he came to the aid of the assaulted person in authority/agent

Q: May indirect assault be committed without the crime of direct assault?

No, Direct Assault is an essential element of Indirect Assault

*NB: this is an example of a ‘parasite crime’ (‐Atty. A). No Direct Assault, no

Indirect Assault

Q: Will the acquittal in Direct Assault carry with it the acquittal in Indirect Assault, as
far as the offender is concerned? (*NB: pay attention to this, it can be tricky)
It depends
HIRYU KIMIKO OKUBO

Q: Depends on what?
The nature of the acquittal for the crime of Direct Assault

Q: Explain
If the acquittal in Direct Assault is because the offender DID NOT commit the
act, there will be an acquittal for Indirect Assault

If the acquittal in Direct Assault is by reason of an EXEMPTING CIRCUMSTANCE,

there will NOT be an acquittal for Indirect Assault

*NB: Recall the nature of exempting circumstances (i.e.: minority,

 CRIMINAL LAW II 45
K notes

insanity) – unlike justifying circumstances where, in the eyes of the law,

no crime was committed, there is no criminal and there is no criminal
liability; in exempting circumstances, there is still a crime committed, there
is still a criminal offender and there is still criminal liability, EXCEPT that
the criminal offender is EXEMPTED. Think: when a person is exempted, it
does NOT mean that he is innocent of the crime. It simply means that the
law does not make him serve out the sentence for his crime.

If the acquittal in Direct Assault is because the evidence adduced for that crime
does not prove the offender’s guilt beyond reasonable doubt, there will NOT be
an acquittal in Indirect Assault
 CRIMINAL LAW II 46
K notes

*NB: Remember that Indirect Assault depends on the commission of Direct

Assault. If the prosecution was not able to prove beyond reasonable doubt
that the offender did in fact commit Direct Assault, it still does NOT mean
that he did not commit it at all – it simply means that the prosecution was
not able to meet the quantum of proof necessary for a conviction.
Consequently, the case for Indirect Assault may still proceed.

Q: Suppose a judge who convicted X and sentenced him to suffer 10 years of

imprisonment. X served out the sentence and when he was released, the judge had
already retired. X saw the judge leaving the church one morning and he attacked the
judge. The mayor was also on his way out of the church and saw the commotion. He
(the mayor) started to make his way to the judge in order to help the latter, but
someone – a third person – prevented him from doing so by hitting him. What is the
liability of X? What about the liability of the 3rd person who prevented the mayor from
helping the judge?
X’s liability: Direct Assault
3rd person’s liability: Direct Assault as well. The mayor is a person in authority, too

Q: Same facts, except that the person coming to the aid of the judge was his neighbour,
a businessman. What is the liability of the 3rd person who prevented the professor?
Indirect Assault

ART.150
DISOBEDIENCE TO SUMMONS

Q: How is this committed?

1. By refusing, without legal excuse, to obey the summons of Congress, its
special/standing committees and subcommittees, the Constitutional
Commissions and their committees, subcommittees or divisions, or by any
commission of committee chairman or member authorized to summon
witnesses
2. By refusing to be sworn in, or placed under affirmation while being before
such legislative or constitutional body/official
3. By refusing to answer any legal inquiry or to produce any books, papers,
documents or records in the offender’s possession, when required by them
(Congress, constitutional commissions etc) to do so in the exercise of their
functions
4. By restraining another from attending as a witness in such legislative or
constitutional body
5. By inducing disobedience to a summons or refusal to be sworn in by any such
body or official
HIRYU KIMIKO OKUBO

Q: Give an example under any of the punishable acts

Q: Jocjoc Bolante was being questioned by the Senate. He refused to answer the
questions and invoked his right against self‐incrimination. Will he be liable?
No, there is a legal excuse for his refusal

Q: Bolante deposited Php 500,000,000 in several banks. The Senate required the banks
to produce the papers, books and records of the accounts allegedly belonging to
Bolante. The banks refused to comply and invoked the Bank Secrecy Law. Will the
banks be liable?
 CRIMINAL LAW II 47
K notes
No, there is a legal excuse

Q: Suppose Bolante answered all the Senate’s questions, but the Senate was not
satisfied with the answers because they weren’t what the Senators expected to hear.
May Bolante be held criminally liable?
No, he answered all the questions

Q: Suppose Bolante failed to produce the books, papers and documents required by the
Senate and the Senate ordered his imprisonment unless he complied. May the Senate
validly do so?
No
 CRIMINAL LAW II 48
K notes

Q: What is the difference between Contempt and

Disobedience? Contempt is an offense that is
Administrative in nature Disobedience is a
criminal offense

ART.151
RESISTANCE AND
DISOBEDIENCE TO A PERSON
IN AUTHORITY
OR AN AGENT OF A PERSON IN AUTHORITY

Q: How is this committed?

1. A person in authority/agent of a person in authority is engaged in the
performance of official duty or gives a lawful order to the offender
2. The offender resists or seriously disobeys such person in authority/agent
3. The act of the offender is NOT included in the provisions of art.148 (direct
assault), 149 (indirect assault), or art.150 (disobedience to summons)

Q: Give an example

Q: Suppose you are arrested for jaywalking. Instead of obeying the policeman, you lay
prostrated on the street. Are you liable?
Yes

Q: Differentiate art.148, art. 149, art.150 and art.151

DIRECT INDIRECT DISOBEDIEN DISOBEDIENC

ASSAULT ASSAULT CE TO E TO A
ART.148 ART.149 SUMMONS PERSON IN
ART.150 AUTHORITY/
HIS AGENT
ART.151
Use of force is Use of force is directed No force is No force is
employed, directed against the against the person employed, the
mere disobedience/ person in authority offender instead
coming to the aid of a Refusal to be resists or
sworn in/ seriously
or his agent person in authority/agent Refusal to produce disobeys the
books, person in
papers, etc.; authority/agent
restraining another;
inducing disobedience
to a summons issued
by Congress/any of
the bodies mentioned
in the article,
consummates the
crime

Person in engaged in the or assaulted by Person in

Authority/Agent actual performance reason thereof Authority/Agent is
must be of official functions assaulted while in
 CRIMINAL LAW II 49
K notes

the performance that is, the person in The summons; Person in

of official duty authority/agent is questions or orders Authority/agent
or by reason already assaulted must be issued in must be in the
thereof while in the the exercise of actual
performance of duty official functions performance of
*NB: Presumes or on occasion his duties; or
that Direct thereof must have
Assault is issued a lawful
already order to the
consummated, offender

HIRYU KIMIKO OKUBO

 CRIMINAL LAW II 50
K notes

Use of force against Mere use of force or No qualifications as to Mere putting up

the person in intimidation against the the of
authority need not person coming to the aid degree of resistance is
be serious of a person in refusal/disobedience punishable
authority/agent required to Disobedience,
Use of force against consummates the crime; consummate the crime however, must
an agent of a no qualification as to the be serious
person in authority degree of
must be serious force/intimidation
required

ART. 153
TUMULTS AND OTHER
DISTURBANCES OF PUBLIC
ORDER

Q: How is this committed?

1. By causing any serious disturbance in a public place, office or establishment

2. By interrupting or disturbing a public performance, function, gathering or
peaceful meeting if the act is NOT included in art.131 (prohibition,
interruption and dissolution of peaceful meetings) and art.132 (interruption
of religious worship)
3. Making an outcry tending to incite rebellion or sedition in any meeting,
association or public place
4. Displaying placards or emblems which provoke a disturbance of public order in
such place
5. Burying with pomp the body of a person who has been legally executed
(*NB: rendered inapplicable by the suspension of the death penalty)

Q: Give an example of the 1st

manner Q: Give an example of

the 2nd manner

Q: For instance, the person who interrupted and dissolved the rally is a public officer,
will he be liable under this article?
HIRYU KIMIKO OKUBO

No, he will be liable under art.131 (prohibition, interruption and dissolution

of peaceful meetings)

Q: What is art.131? 132?

Q: For example, the person who interrupted and dissolved the rally is a public officer
who also happens to be a participant of that rally, what is his liability?
He is liable under art.153 because art.131 requires that the public officer‐offender
must not be a participant of the meeting

Q: When is a meeting considered to be tumultuous?

 CRIMINAL LAW II 51
K notes

Q: When may an outcry be a crime under Inciting to Rebellion, and when may it be
considered a Disturbance of Public Order?
In Inciting to Rebellion, the outcry must be serious and deliberate; the offender
should have done the act with the idea of inciting his listeners/readers to commit
the crime of rebellion/sedition

*NB: Here the inciting to rebellion/sedition is the controlling aim of the

outcry
 CRIMINAL LAW II 52
K notes

In Disturbance of Public Order, the outcry is not serious and is a spontaneous,

unconscious outburst which, although rebellious/seditious in nature, is not
intentionally calculated to induce others to commit rebellion/sedition

*NB: Here, the inciting to rebellion/sedition is not the controlling aim –

there is no aim, to be exact, just that the inciting takes place as a result
of a spontaneous outcry

Q: Give an example

Q: An Anti‐Charter Change rally is on‐going. Suddenly, a passer‐by shouted ‘Revolution

is the answer!’ What crime did he commit?
Disturbance of Public Order, he made an outcry not intentionally aimed at
inciting others to rebellion/sedition

Q: After you gave a speech, a person shouted ‘Down with the Aquino Government!’
What crime did he commit?
Disturbance of Public Order

ART.154
UNLAWFUL USE OF MEANS OF PUBLICATION

Q: How is this committed?

1. By publishing or causing to be published, by means of printing, lithography, or
any other means of publication, as news any false news which may endanger
the public order, or cause damage to the interest or credit of the State
2. By encouraging disobedience to the law or to the constituted authorities or by
praising, justifying, or extolling any act punished by law, by the same means
or by words, utterances, or speeches
3. By maliciously publishing or causing to be published any official resolution or
document without proper authority or before it has been published officially
4. By printing, publishing or distributing, or causing the same, books,
pamphlets, periodicals, or leaflets which do not bear the real printer’s name
or which are classified as anonymous

Q: Give an example of the 1st manner

Q: May this crime be committed by any person?

Yes

Q: Give an example of the 2nd manner

HIRYU KIMIKO OKUBO

Q: As a scriptwriter, you portrayed Commander Datu in one of your films as a hero of

the Muslim community. However, in the eyes of the law, he is a criminal. Will you be
liable?
Yes

Q: As a columnist, you wrote an article which praises and justifies the acts of Jocjoc
Bolante. You described him as an honest, truthful and trustworthy public official and
that he serves as an example to be followed by everyone. Will you be liable?
Yes

Q: Give an example of the 3rd manner

 CRIMINAL LAW II 53
K notes

Q: Suppose the Court of Appeals is set to release its resolution regarding the GSIS‐
MERALCO controversy. Before releasing the same to the public, you went to the Court
of Appeals, obtained a copy, and gave it to GSIS and MERALCO. Will you be liable?
Yes

Q: Give an example of the 4th manner

 CRIMINAL LAW II 54
K notes

Q: Are there any instances when a writer simply cannot include his name in his article?
Yes, i.e.: when to do so would endanger his life

Q: In literature, are writers required to write their real name?

No, they can use pen names

Q: What about actors and showbiz personalities, are they allowed to use names other
than their real names?
Yes, they may use screen names

ART.155
ALARMS AND SCANDALS

Q: How is this committed?

1. By discharging any firearm, rocket, firecracker or other explosives within any
town or public place calculated to cause alarm or danger
2. By instigating or taking an active part in any charivari or other disorderly
meeting offensive to another or prejudicial to public tranquillity
3. By disturbing the public peace while wandering about at night or while
engaged in any other nocturnal amusements
4. By causing disturbance or scandal in public places while intoxicated or
otherwise, provided that Art.153 is not applicable

Q: Will a person be liable if he discharged a firecracker during new year’s eve?

No, the law exempts the celebration of new year’s eve and fiestas. By tradition,
these days are considered holidays and the celebration of them through these
means would not cause alarm or danger.

Q: Suppose it isn’t a holiday, and at midnight, you light a firecracker in your residential
subdivision. Will you be liable?
Yes

Q:What is a ‘charivari’?
A medley of discordant voices or a mock serenade of discordant noises made on
kettles, tins, or horns designed to annoy or insult

Q: Under the 3rd manner, is it necessary that the offender be intoxicated?

No

Q: Give an example where a person will be liable for disturbing the public peace while
engaged in nocturnal amusements
HIRYU KIMIKO OKUBO

Q: Under the last manner (4th), does the disturbance have to be committed at night time?
No

Q: Can you give an example?

ART.156
DELIVERY OF PRISONERS FROM JAIL
 CRIMINAL LAW II 55
K notes

Q: How is this committed?

1. There is a person confined in jail or in a penal establishment
2. The offender removes therefrom such person, OR helps his escape
 CRIMINAL LAW II 56
K notes

Q: Does the prisoner have to be a prisoner by final judgment?

No, he may be merely a detention prisoner

Q: Who are the persons who may be held liable for the commission of this crime?
‐An outsider
‐A fellow prisoner
‐An employee of the penal establishment who does NOT have custody/charge of
the prisoner

*NB: if the person responsible for the crime is one who has
custody/charge of the prisoner, the crime committed is Infidelity in the
Custody of a Prisoner (Art. 223), not Art.156
‐A guard

Q: What qualifies the crime?

The offender’s act of employing bribery as a means to remove a person from jail

*NB: NOT the offender’s act of receiving or agreeing to receive a bribe in

consideration for the commission of the offense because that is merely a
generic aggravating circumstance

Q: Does employment of deceit in the commission of the crime affect criminal liability?
No, the employment of deceit is not an element of the offense

Q: If the crime committed by the escapeehappens to be treason, murder or parricide,

what is the legal effect on the liability of the person who helps his escape?
The person who helps the criminal’s escape may be held liable as an accessory for
assisting in the escape of a principal (see: Art.19, par.3)

Q: What is the liability of the escapee if he is not a prisoner by final judgment and yet
manages to escape?
He has no criminal liability

*NB: Evasion of the Service of Sentence requires prior conviction by

final judgment Q: What is the escapee’s liability if manages to escape while

his case is pending appeal?

The offender has no liability, the case has not yet been decided, He has not yet
been convicted by final judgment

CHAPTER SIX
HIRYU KIMIKO OKUBO

EVASION OF SERVICE OF SENTENCE

*NB: It helps to review the mechanics of Pardon in relation to this Chapter

Art.157
EVASION OF SERVICE OF SENTENCE

Q: How is this committed?

1. The offender is a convict by final judgment
2. He is serving his sentence which consists of deprivation of liberty
3. He evades the service of sentence by escaping during the term of his sentence
 CRIMINAL LAW II 57
K notes

Q: If the prisoner is merely a detention prisoner and not one by final judgment, may he
be held liable for this crime?
No
 CRIMINAL LAW II 58
K notes

Q: What if the person does happen to be convicted by final judgment but is a minor?
He is not liable

*NB: Recall the provisions of RA 9344 (Juvenile Justice and Welfare Act) –
minors are NOT considered ‘convicts by final judgment’ because their sentence is
suspended

Q: And if the accused escaped while his conviction is on appeal?

He is not liable, either. Judgment in this case is not yet final.

Q: Does that hold true even if the appeal was dismissed because he escaped?
Yes

Q: Is Art.157 applicable to the penalty of Destierro?

Yes, destierro is a deprivation of liberty, albeit partial.

*NB: the Spanish text is controlling: ‘sufriendo privacion de libertad’. Destierro was
meant to deprive one of his liberty

Q: What circumstances qualify the

offense? If the evasion of
escape takes place –
1. By means of unlawful entry (i.e.: by ‘scaling’ a wall)
2. By breaking doors, windows, gates, walls, roofs or floors
3. By using picklocks, false keys, disguise, deceit, violence, intimidation
4. Through connivance with other convicts of employees of the penal institution

ART. 158
EVASION OF SERVICE OF SENTENCE ON THE
OCCASION OF DISORDERS, CONFLAGRATIONS,
EARTHQUAKES OR OTHER CALAMITIES

Q: How is this committed?

1. The offender is a convict by final judgment, who is confined in a penal institution
2. There is disorder resulting from conflagration, earthquakes, explosions,
similar catastrophes or a mutiny in which he has NOT participated
3. He evades the service of sentence by leaving the penal institution where he
is confined on the occasion of such disorder or during a mutiny
4. He fails to give himself up to the authorities within 48hrs following the
issuance of a proclamation by the Chief Executive announcing the passing
away of such calamity
HIRYU KIMIKO OKUBO

Q: What is being punished by this provision: the leaving of the penal institution or the
failure to give oneself up within 48 hrs?
The failure to give oneself up to the authorities within 48hrs after the
proclamation announcing the end of the calamity

*NB: Because this provision carries with it a sort of ‘loyalty award’, a special
incentive for the conscientious prisoner

Q: What is the legal effect on the accused’s liability if he fails to give himself up after
the specified time? An additional 1/5 of the unexpired jail time for his original
offense will be added to his sentence
 CRIMINAL LAW II 59
K notes

*NB: The added jail time is not to exceed 6 months, of course

Q: And if the accused does turn himself in, what is the legal effect
on his liability? 1/5 of his original sentence will be deducted
from his remaining jail time

Q: Which is longer – the deduction or the added time?

 CRIMINAL LAW II 60
K notes

The deduction (1/5 of the original sentence, vs. the additional penalty of 1/5 of the
unexpired sentence. As always, penal laws should be construed liberally in favour
of the accused)

Q: What is a mutiny?
An organized, unlawful resistance to a superior officer; a revolt

Q: Is there a ‘mutiny’ as contemplated by the law if the accused disarmed the guards
and escaped and the guards do not happen to be his superior officers?
None in this event, neither will there be a reduction of sentence upon surrender

ART.159
OTHER CASES OF EVASION OF SERVICE OF SENTENCE

Q: How is this committed?

1. The offender was a convict by final judgment
2. He was granted a conditional pardon by the Chief Executive
3. He violated any of the conditions of such pardon

Q: Give an example of a condition appended to a pardon

i.e.: ‘the accused shall not violate any of the penal laws of the Philippines’ (the
usual condition fixed to a pardon granted by the President)

Q: What kind of pardon is contemplated by this provision?

Conditional Pardon

Q: And what is the nature of a Conditional Pardon?

It is in the nature of a contract between the accused and the Chief Executive

Q: May the court require the convict to serve the unexpired term of his original sentence
if that sentence does NOT exceed 6 years?
No, it may not

Q: Does the condition extend to special laws?

Yes

Q: In the event that the convict violates any condition appended to the pardon, may he
be arrested and incarcerated without trial?
Yes

Q: May the time the convict spent out of prison be deducted from the unexecuted
portion of his sentence, in the event that he is re‐arrested?
HIRYU KIMIKO OKUBO

No

Q: What is the time frame for the duration of the conditions of the pardon?
The conditions of the pardon are limited only to the remaining period of the
sentence

Q: Differentiate the legal effects of a violation of conditional pardon and evasion of

service of sentence by escaping

VIOLATION OF A CONDITIONAL PARDON EVASION OF SERVICE OF

 CRIMINAL LAW II 61
K notes

SENTENCE BY ESCAPING
Does not cause any injury to the right of It is an attempt, at least, to evade the penalty
another person nor does it disturb the public inflicted by the courts upon criminals and thus
order defeat the purpose of the law of either
reforming
or punishing the criminals for having disturbed
the Merely an infringement of the terms stipulated in public order
a contract between the President and the criminal
 CRIMINAL LAW II 62
K notes

CHAPTER SEVEN
COMMISSION OF ANOTHER CRIME DURING THE SERVICE OF PENALTY
IMPOSED FOR ANOTHER PREVIOUS OFFENSE

ART.160
COMMISSION OF ANOTHER CRIME DURING
SERVICE OF PENALTY IMPOSED FOR ANOTHER
PREVIOUS OFFENSE

Q: How is this committed?

1. The offender was already convicted by final judgment of one offense
2. He committed a new FELONY before beginning to serve such sentence OR
while serving the same (*NB: ‘new felony’ – keep in mind the reserved
meaning for the term felony – acts or omissions punishable by the Revised
Penal Code)

Q: Does the second crime have to be a felony?

Yes

Q: What about the first crime?

It does not have to be a felony

Q: Is this the same as recidivism?

No, Art.160 refers to Quasi‐

Recidivism Q: Differentiate the two

RECIDIVISM QUASI‐RECIDIVISM
BOTH the first and second offenses Does not require that the 2 offenses are
must be embraced under the SAME embraced under the same title of the
TITLE of the Revised Penal Code Code

(see: Art.14, par.9) (see: Art.160)

Q: Differentiate Quasi‐Recidivism from Reiteracion

HIRYU KIMIKO OKUBO

QUASI‐RECIDIVISM REITERACION
May be committed while sentence is being served Requires that the offender shall have served
out for the first offense, or before serving it the sentence for the prior offenses (plural)

Contemplates more than one prior offense

Q: What is the nature of Quasi‐Recidivism?

It is a SPECIAL AGGRAVATING CIRCUMSTANCE where a person, AFTER having
been convicted by final judgment of one offense, shall commit a NEW FELONY
 CRIMINAL LAW II 63
K notes

before beginning to serve the sentence for the 1st offense OR while serving the
same.

Q: Is it a crime?
No
 CRIMINAL LAW II 64
K notes

Q: What are the legal effects of it?

1. The offender shall be punished by the maximum period of the penalty
prescribed by the law for the new felony
2. It cannot be off‐set by an ordinary mitigating circumstance

Q: Is there a time‐frame when a Quasi‐Recidivist may be pardoned?

Yes, when he turns 70 yrs. old and has already served out his sentence
after reaching the said age

Q: And if he happens to be a habitual criminal?

He may not be pardoned

IMIKO OKUBO