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REVISED PENAL CODE
BOOK II
Title One
CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OF NATIONS
Crimes against national security:
1. treason
2. conspiracy and proposal to commit
treason
3. misprision of treason
4. espionage
Crimes against laws of nations
1. inciting to war or giving reprisals
2. violation of neutrality
3. correspondence with hostile country
4. flight to enemys country
5. piracy in general and mutiny on the high
seas
Chapte OneCRIMES AGAINST NATIONAL SECURITY
Section ne. ! "reason and espionage
#rt. 114. "reason. ! #ny person who$ owing
allegiance to %the &nited States or' the
(overnment of the )hilippine *slands$ not
+eing a foreigner$ levies war against them or
adheres to their enemies$ giving them aid or
comfort within the )hilippine *slands orelsewhere$ shall +e punished +y reclusion
temporal to death and shall pay a fine not to
e,ceed )2-$--- pesos.
o person shall +e convicted of treason unless
on the testimony of two witnesses at least to
the same overt act or on confession of the
accused in open court.
/i0ewise$ an alien$ residing in the )hilippine
*slands$ who commits acts of treason as
defined in paragraph 1 of this #rticle shall +e
punished +y prision mayor to death and shalpay a fine not to e,ceed )2-$--- pesos. %#s
amended +y .. o. 44$ ay 31$ 145'.
lements of treason
1. that the offender is a ilipino citien or
alien residing in the )hilippines6
2. that there is a war in which the
)hilippines is involved
3. that the offender either
a. levies war against the
government6 or
+. adheres to the enemies$ giving
them aid and comfort
"reason
a +reach in the allegiance to the
government$ committed +y a
person who owes allegiance to it nature of the crime: a violation +y
the su+7ect of his allegiance to his
sovereign or to the supreme
authority of the state
the offender is either a ilipino
citien or a resident alien
allegiance: the o+ligation o
fidelity and o+edience which the
individuals owe to the
government under which they live
or to the sovereign$ in return for
the protection they receive.
"reason cannot +e committed in
time of peace
"wo modes of committing
treason:
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8y levying war against the
government
8y adhering to the
enemies of the )hilippines$
giving them aid and
comfort
/9*( ;#< =levies war> re?uires the
concurrence of two things:
"hat there +e actual
assem+ling of men6
or the purpose of
e,ecuting actual
treasona+le design +y
force
*n treason +y levying war$ it is notnecessary that there +e a formal
declaration of the e,istence of a
state of war
"he levying of the war must +e
directed with the intent tot
overthrow the government$ not
merely to resist a particular or to
repel a particular officer
*s it necessary that the purpose
of levying war is to deliver the
country in whole or in part to the
enemy@ S. /evying war as an
act of treason must +e for the
purpose of e,ecuting a
treasona+le design +y force
/evying war must +e in
colla+oration with a foreign
country
#AB
"a0ing active part in the
mass 0illing of civilians
#cceptance of pu+lic office and
discharge of official duties under
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the enemy do not constitute per
se an element of treason
8ut where the positions
are not only highly
responsi+le +ut also
policyDdetermining$
acceptance of the officemay amount to treason
%)) v. Sison'
ere govermntal wor0 during the
Eapanese regime is not an act of
treason
em+ership in the police force
during occupation is not treason6
+ut active participation with the
enemies in the apprehension of
guerillas and infliction of ill
treatments ma0e such lia+le for
treason
o treason through negligence
;hen the 0illings and other
common crimes are charged as
overt acts of treason$ they cannot
+e regarder as 1' separate
crimes or 2' as comple,ed with
treason "reason +y a ilipino can +e
committed outside the )hilippines
"reason +y an alien must +e
committed inside the )hilippines
"reason is a continuous offense
;#S )
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ignominy
rape
wanton ro++ery for personal gain
+rutality
#rt. F4 applica+le in treason
"he gravity or the seriousness of the
acts of treason considered
#ccepted defenses in treason
Auress or uncontrolla+le fear
/awful o+edience to a de facto
government
ot accepta+le defenses:
/oss of citienship +y 7oining the
army of the enemy
Suspended allegiance and
change of sovereignty6 reasons
# citien owes an a+solute
and permanent allegiance
to his government
Sovereignty is not
transferred to the enemy
+y mere occupation
"he su+sistence of the
sovereignty of the
legitimate government in aterritory occupied +y
military forces during war
is one of the rules of
*nternational /aw
;hat is suspended is
merely the e,ercise of
sovereignty
#rt. 115. Conspiracy and proposal to commit
treason6 )enalty. ! "he conspiracy or
proposal to commit the crime of treason shall
+e punished respectively$ +y prision mayor and
a fine not e,ceeding )1-$--- pesos$ and
prision correccional and a fine not e,ceeding
)5$--- pesos.
G Committed when:
1. Conspiracty: in time of war$ two or more
persons come to an agreement to levy
war against the government or to
adhere to the enemies and to give them
ad or comfort$ and decide to commit
them
2. )roposal in time of war$ a person whohas decided to levy war against the
government or to adhere to the enemies
and to give them ad or comfort
proposes its e,ecution to some othe
person or persons
G two witness rules does not apply in this
provision
#rt. 11F. isprision of treason. ! very
person owing allegiance to %the &nited States'
the (overnment of the )hilippine *slands
without +eing a foreigner$ and having
0nowledge of any conspiracy against them
conceals or does not disclose and ma0e 0nown
the same$ as soon as possi+le to the governor
or fiscal of the province$ or the mayor or fisca
of the city in which he resides$ as the case may+e$ shall +e punished as an accessory to the
crime of treason.
lements:
1. person must +e owing allegiance to %the
(overnment of the )hilippine *slands
without +eing a foreigner6
2. having 0nowledge of any conspiracyagainst the government
3. conceals or does not disclose and ma0e
0nown the same$ as soon as possi+le to
the governor or fiscal of the province$ or
the mayor or fiscal of the city in which
he resides
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isprision of treaon cannot +e
committed +y a resident alien
#rt 11F na when the crime of treason is
already committed +y someone and the
accused does not report its commission
to the proper authority
"he offender is punished as an
accessory in the crime of treason$ 8&"
*s punished as a principal in the crime of
misprision of treason
#rt 2- na +ecause #rt. 2- applies only
to accessories
#rt 11F is the e,ception to the rule that
mere silence does not ma0e a person
lia+le
#rt. 11H. spionage. ! "he penalty of prision
correccional shall +e inflicted upon any person
who:
1. ;ithout authority therefor$ enters a warship$
fort$ or naval or military esta+lishment or
reservation to o+tain any information$ plans$
photographs$ or other data of a confidential
nature relative to the defense of the )hilippine
#rchipelago6 or
2. 8eing in possession$ +y reason of the pu+lic
office he holds$ of the articles$ data$ or
information referred to in the preceding
paragraph$ discloses their contents to a
representative of a foreign nation.
"he penalty ne,t higher in degree shall +e
imposed if the offender +e a pu+lic officer or
employee.
spionage:
o "he offense of gathering$
transmitting$ or losing
onformation respecting the
national defense with intent
spionage v. "reason
spionage "reason
ot conditioned on the citienship of
the offender
Committed +oth
in time of peace
and war
Committed only
in time of peace
ay +ecommitted in
many ways
/imited only tolevying war$ and
adhering to the
enemy or giving
aid or comfort to
him
"wo ways of committing:
o 8y entering$ without any authority
therefor$ any warship$ fort o
naval or military esta+lishment orreservation to o+tain any
information$ plans$ photographs
or other data of confidentia
nature relative to the defense of
the )hilippines
lements:
"hat the offender enters
any of the places
metioned therein "hat he has no authority
therefore
"hat his purpose is to
o+tain information$ plans
photographs$ or other
data of confidentia
nature relative to the
defense of the
)hilippines
o 8y disclosing to the
representative of a foreign nation
the contents of the articles$ data
or information refered to in par.1
of #rt. 11H$ which he had in
possession +y reason of the
pu+lic office he holds
lements:
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"hat the offender is a
pu+lic officer
"hat he has in his
possession the articles$
data or information
referred to in par. 1 +y
reason of the pu+licoffice he holds
"hat he discloses the
contents to a
representative of a
foreign nation
"o +e lia+le under par. 1$ the offender
must have the intention to o+tain
information relative to the defense of the
)hilippineso *t is not necessary that the
information +e o+tained
ther acts of espionage under C# F1F
o &nlawfully o+taining or permitting
to +e o+tained information
affecting national defense
o &nlawful disclosing of information
affecting national defense
o Aisloyal acts or words in time of
peace
o Aisloyal acts or words in time or
war
o Conspiracy to the violate the
preceding sections
o Bar+oring or concealing violators
of law
Se!ti"n T#"$ % P"&"'in( #a an)
)i*l"+alt+ in !a*e ", #a
#rt. 11I. *nciting to war or giving motives for
reprisals. ! "he penalty of reclusion temporal
shall +e imposed upon any pu+lic officer or
employee$ and that of prision mayor upon any
private individual$ who$ +y unlawful or
unauthoried acts provo0es or gives occasion
for a war involving or lia+le to involve the
)hilippine *slands or e,poses ilipino citiens
to reprisals on their persons or property.
lements:
1. ffender performs unlawful or
unauthoried acts6
2. Such acts provo0e or gives occasion fo
a war involving or lia+le to involve the
)hilippine *slands or e,poses ilipino
citiens to reprisals on their persons or
property.
intention of the offender is immaterial
the crime of inciting to war or giving
motives for reprisals is committed in
time of peace
#rt. 11. 9iolation of neutrality. ! "he penalty
of prision correccional shall +e inflicted upon
anyone who$ on the occasion of a war in whichthe (overnment is not involved$ violates any
regulation issued +y competent authority for
the purpose of enforcing neutrality.
lements:
1. there is a war in which
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Se!ti"n Thee$ % Pia!+ an) -.tin+ "n the
hi(h *ea*
#rt. 122. )iracy in general and mutiny on thehigh seas. ! "he penalty of reclusion temporal
shall +e inflicted upon any person who$ on the
high seas$ shall attac0 or seie a vessel or$ not
+eing a mem+er of its complement nor a
passenger$ shall seie the whole or part of the
cargo of said vessel$ its e?uipment$ or personal
+elongings of its complement or passengers.
"he same penalty shall +e inflicted in case of
mutiny on the high seas.
"wo ways or modes of committing piracy:
1. 8y attac0ing or seiing vessel on the
high seas or in the )hilippine waters6
2. +y seiing in the vessel while on the
high seas or in the )hilippines waters
the whole or part of its cargo$ its
e?uipment or personal +elongings of itscomplement or passengers
lements of piracy
1. that the vessel is on the high seas or in
the )hilippine waters
2. that the offenders are not mem+ers of
its complement or passengers of the
vessel
3. that the offenders
a. attac0 or seie that vessel6 or+. seie the whole or part of the
cargo of said vessel$ its
e?uipment or personal
+elongings of its complement or
passengersJ
eaning of high seas
D it does not mean that the crime +e
comiitted +eyond the threeD mile limit of
any state. #ny waters on the sea coast
which are without the +oundaries of lowD
water mar0$ although such waters may
+e in the 7urisdictional limits of the
government.
)iracy
D it is ro++ery or forci+le depredation on
the high seas$ without lawful authority
and done with animus furandi$ and in
the spirit and intention of universa
hostility
D not a crime against a particular state +u
against all man0ind. it may +e punished
in the competent tri+unal of any country
where the offender may +e found or into
which he may +e carried
)iracy vs ro++ery on the high seas
)iracy
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a ship against the authority of the
commander
D the last paragraph of the article provides
that the same penalty provided for
piracy shall +e inflicted in the case of
mutiny on the high seas or in the
)hilippine watersD usually committed +y the other
mem+ers of the complement and may
+e committed +y the passengers of the
vessel
D mutiny may +e committed on the high
seas or in )hilippine waters
D piracy v. mutiny
)iracy utiny
"he persons who
attac0 the vessel
or seie the
cargo are
strangers to the
vessels
"he persons who
attac0 the
vessels are
mem+ers of the
crew or
passengers
*ntent to gain is
essential in the
crime of piracy
"he offenders
may only intend
to ignore the ship
PRESIDENTIAL DECREE N"$ /01 A.(.*t 23
4567
ANTI8PIRACY AND ANTI8HIGHWAY
ROBBERY LAW OF 4567
;B
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police or other peace officers of the
government$ or ac?uires or receives property
ta0en +y such pirates or +rigands or in any
manner derives any +enefit therefrom6 or any
person who directly or indirectly a+ets the
commission of piracy or highway ro++ery or
+rigandage$ shall +e considered as anaccomplice of the principal offenders and +e
punished in accordance with the
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Se!ti"n 2$ #ircraft companies which operate
as pu+lic utilities or operators of aircraft which
are for hire are authoried to open and
investigate suspicious pac0ages and cargoes
in the presence of the owner or shipper$ or his
authoried representatives if present6 in order
to help the authorities in the enforcement of theprovisions of this #ct: Provided$ "hat if the
owner$ shipper or his representative refuses to
have the same opened and inspected$ the
airline or air carrier is authoried to refuse the
loading thereof.
Se!ti"n 5$very tic0et issued to a passenger
+y the airline or air carrier concerned shall
contain among others the following condition
printed thereon: LBolder hereof and his handD
carried luggage%s' are su+7ect to search for$
and seiure of$ prohi+ited materials or
su+stances. Bolder refusing to +e searched
shall not +e allowed to +oard the aircraft$L
which shall constitute a part of the contract
+etween the passenger and the air carrier.
Se!ti"n 4
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3F hours M offenses of afflictive or
capital penalty
GG #pplies only to legal warrantless arrest M if
the arrest was made with warrant$ the person
arrested can +e detained indefinitely until his
case is decided +y the court or he posts a +ailfor temporary release.
GG
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415$ SEARCH WARRANTS MALICIOUSLY
OBTAINED AND ABUSE IN THE SERVICE
OF THOSE LEGALLY OBTAINED
)rocuring a search warrant without 7ust causelements:
1. ffender M pu+lic officer or employee
2. ffender M procures a search
warrant
3. "here is no 7ust cause
)roperties to +e seied:
1. Su+7ect of the offense
2. Stolen or em+eled and other
proceeds or fruits of the offense
3. &sed or intended to +e used as the
means of committing an offense
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to the authorities for the correction of
a+uses or redress of grievances.
GG Clear and present danger M to 7ustify
suppression of free speech$ there must +e
reasona+le ground to +elieve that the danger
apprehended is **" and that the evil to+e prevented is a serious one.
GG "he offender should +e a stranger$ and not a
participant of the peaceful meeting.
AN ACT ENSURING THE FREE E@ERCISE
BY THE PEOPLE OF THEIR RIGHT
PEACEABLY TO ASSEMBLE AND
PETITION THE GOVERNMENT FOR OTHER
PURPOSES
Se!ti"n 4$ TitleD "his #ct shall +e 0nown as
L"he )u+lic #ssem+ly #ct of 1I5.L
Se!ti"n 1$ Declaration of policy D "he
constitutional right of the people peacea+ly to
assem+le and petition the government for
redress of grievances is essential and vital to
the strength and sta+ility of the State. "o this
end$ the State shall ensure the free e,ercise of
such right without pre7udice to the rights of
others to life$ li+erty and e?ual protection of the
law.
Se!ti"n 0$Definition of termsD or purposes of
this #ct:
%a' L)u+lic assem+lyL means any ally$
)emonstration$ -arch$ parade$
procession or any "ther form of mass or
concerted action held in a p.li! pla!e
for the p.p"*e ", pe*entin( a la#,.l
!a.*e6 or epe**in( an "pini"n t"
the (eneal p.li! on any particular
issue6 or p"te*tin( " in,l.en!in( an+
*tate ", a,,ai* whether political$
economic or social6 or petiti"nin( the
("&en-ent ," e)e** ",
(ie&an!e*$
"he processions$ rallies$ parades
demonstrations$ pu+lic meetings and
assem+lages for religious purposesshall +e governed +y local ordinances
)rovided$ however$ "hat the declaration
of policy as provided in Section 2 of this
#ct shall +e faithfully o+served.
"he )e,initi"n herein contained shal
n"t in!l.)e pi!'etin( an) "the
!"n!ete) a!ti"n in *ti'e aea* +
#"'e* an) e-pl"+ee* e*.ltin(
,"- a la" )i*p.teas defined +y the/a+or Code$ its implementing rules and
regulations$ and +y the 8atas
)am+ansa 8ilang 22H.
%+' LP.li! pla!e shall include any
highway$ +oulevard$ avenue$ road
street$ +ridge or other thoroughfare
par0$ plaa$ s?uare$ andor any open
space of pu+lic ownership where the
people are allowed access.
%c' Mai-.- t"lean!eL means the
hi(he*t )e(ee ", e*taint that the
-ilita+3 p"li!e an) "the pea!e
'eepin( a.th"itie* *hall "*e&e
).in( a p.li! a**e-l+ " in the
)i*pe*al ", the *a-e$
%d' Lodification of permitL shall include
the change of the place and time of the
pu+lic assem+ly$ rerouting of the parade
or street march$ the volume of loudD
spea0ers or sound system and similar
changes.
Se!ti"n 7$Permit when reuired and when not
reuired D # #itten pe-itshall +e e.ie)
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for any person or persons to organie and hold
a p.li! a**e-l+ in a p.li! pla!e.
Bowever$ n" pe-it shall +e re?uired if the
p.li! a**e-l+shall +e d"ne " -a)e in a
,ee)"- pa' ).l+ e*tali*he) + la# "
")inan!e " in pi&ate p"pet+$ in which
case only the consent of the owner or the oneentitled to its legal possession is re?uired$ " in
the !a-p.* ", a ("&en-ent8"#ne) an)
"peate) e).!ati"nal in*tit.ti"n which shall
+e su+7ect to the rules and regulations of said
educational institution. P"liti!al -eetin(* "
allie* hel) ).in( an+ ele!ti"n !a-pai(n
pei") a* p"&i)e) ," + la# ae n"t
!"&ee) + thi* A!t$
Se!ti"n /$ Application reuirements D #ll
applications for a permit shall comply with the
following guidelines:
%a' "he appli!ati"n* *hall e in
#itin(and shall include the names of
the leaders or organiers6 the purpose
of such pu+lic assem+ly6 the date$ time
and duration thereof$ and place or
streets to +e used for the intended
activity6 and the pro+a+le num+er of
persons participating$ the transport and
the pu+lic address systems to +e used.
%+' "he application shall incorporate the
duty and responsi+ility of applicant
under Section I hereof.
%c' "he application shall e ,ile) #ith
the ",,i!e ", the -a+" ", the !it+ "
-.ni!ipalit+ in #h"*e .i*)i!ti"n the
inten)e) a!ti&it+ i* t" e hel)3 at
lea*t ,i&e / #"'in( )a+* e,"e the
*!he).le) p.li! a**e-l+$
%d' &pon receipt of the application$
which must +e duly ac0nowledged in
writing$ the office of the city or municipal
mayor shall cause the same to
immediately +e posted at a conspicuous
place in the city or municipal +uilding.
Se!ti"n 9$ Action to be ta!en on the
applicationD
%a' *t shall +e the duty of the mayor or
any official acting in his +ehalf to issue
or grant a permit unless there is clear
and convincing evidence that the pu+lic
assem+ly will create a clear and presen
danger to pu+lic order$ pu+lic safety
pu+lic convenience$ pu+lic morals or
pu+lic health.
%+' "he -a+" " an+ ",,i!ial a!tin( inhi* ehal,*hall a!t "n the appli!ati"n
#ithin t#" 1 #"'in( )a+* ,"- the
)ate the appli!ati"n #a* ,ile)$ ,ailin(
#hi!h3 the pe-it *hall e )ee-e)
(ante). Should for any reason the
mayor or any official acting in his +ehalf
refuse to accept the application for a
permit$ said application shall +e posted
+y the applicant on the premises of the
office of the mayor and shall +e deemed
to have +een filed.
%c' *f the mayor is of the view that there
is imminent and grave danger of a
su+stantive evil warranting the denial or
modification of the permit$ he shal
immediately inform the applicant who
must +e heard on the matter.
%d' "he a!ti"non the permit shall +e in
#itin( an) *e&e) "n the appli!ati"n
#ithin t#ent+8,". h".*$
%e' *f the mayor or any official acting in
his +ehalf )enie* the appli!ati"n "
-")i,ie* the te-* thereof in his
permit$ the appli!ant -a+ !"nte*t the
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)e!i*i"n in an app"piate !".t ",
la#$
%f' *n case s.it i* ".(ht e,"e the
Met"p"litan Tial C".t3 the
M.ni!ipal Tial C".t3 the M.ni!ipal
Ci!.it Tial C".t3 the Re(i"nal TialC".t3 " the Inte-e)iate Appellate
C".t3 it* )e!i*i"n* -a+ e appeale)
t" the app"piate !".t #ithin ,"t+8
ei(ht 72 h".* a,te e!eipt ", the
*a-e. o appeal +ond and record on
appeal shall +e re?uired. # decision
granting such permit or modifying it in
terms satisfactory to the applicant shall$
+e immediately e,ecutory.
%g' #ll !a*e* ,ile) in !".t under this
Section *hall e )e!i)e) #ithin
t#ent+8,". 17 h".* ,"- )ate ",
,ilin($ Cases filed hereunder shall +e
immediately endorsed to the e,ecutive
7udge for disposition or$ in his a+sence$
to the ne,t in ran0.
%h' *n all cases$ any decision may +e
appealed to the Supreme Court.
%i' "elegraphic appeals to +e followed +y
formal appeals are here+y allowed.
Se!ti"n 6$"se of public thoroughfareD Should
the proposed pu+lic assem+ly involve the use$
for an apprecia+le length of time$ of any pu+lic
highway$ +oulevard$ avenue$ road or street$ the
mayor or any official acting in his +ehalf may$
to prevent grave pu+lic inconvenience$
designate the route thereof which is convenient
to the participants or reroute the vehicular
traffic to another direction so that there will +e
no serious or undue interference with the free
flow of commerce and trade.
Se!ti"n 2$Responsibility of applicantD *t shal
+e the duty and responsi+ility of the leaders
and organiers of a pu+lic assem+ly to ta0e al
reasona+le measures and steps to the end that
the intended pu+lic assem+ly shall +e
conducted peacefully in accordance with the
terms of the permit. "hese shall include +ut not+e limited to the following:
%a' "o inform the participants of their
responsi+ility under the permit6
%+' "o police the ran0s of the
demonstrators in order to prevent nonD
demonstrators from disrupting the lawfu
activities of the pu+lic assem+ly6
%c' "o confer with local governmen
officials concerned and law enforcers to
the end that the pu+lic assem+ly may +e
held peacefully6
%d' "o see to it that the pu+lic assem+ly
underta0en shall not go +eyond the time
stated in the permit6 and
%e' "o ta0e positive steps thatdemonstrators do not molest any person
or do any act unduly interfering with the
rights of other persons not participating
in the pu+lic assem+ly.
Se!ti"n 5$ #on$interference by law
enforcement authorities D La# en,"!e-ent
a(en!ie* *hall n"t inte,ee #ith the h"l)in(
", a p.li! a**e-l+$Bowever$ to ade?uately
ensure pu+lic safety$ a law enforcement
contingent under the command of a
responsi+le police officer -a+ e )etaile) an)
*tati"ne) in a pla!e at lea*t "ne h.n)e)
4
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Se!ti"n 4
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re?uired$ the said pu+lic assem+ly may +e
pea!e,.ll+ )i*pe*e)$
Se!ti"n 40$ Prohibited acts D "he following
shall constitute violations of this #ct:
%a' "he holding of any pu+lic assem+lyas defined in this #ct +y any leader or
organier without having first secured
that written permit where a permit is
re?uired from the office concerned$ or
the use of such permit for such
purposes in any place other than those
set out in said permit: P"&i)e)$
however$ "hat no person can +e
punished or held criminally lia+le for
participating in or attending an otherwisepeaceful assem+ly6
%+' #r+itrary and un7ustified denial or
modification of a permit in violation of
the provisions of this #ct +y the mayor
or any other official acting in his +ehalf.
%c' "he un7ustified and ar+itrary refusal
to accept or ac0nowledge receipt of the
application for a permit +y the mayor or
any official acting in his +ehalf6
%d' +structing$ impeding$ disrupting or
otherwise denying the e,ercise of the
right to peaceful assem+ly6
%e' "he unnecessary firing of firearms +y
a mem+er of any law enforcement
agency or any person to disperse the
pu+lic assem+ly6
%f' #cts in violation of Section 1- hereof6
%g' #cts descri+ed hereunder if
committed within one hundred %1--'
meters from the area of activity of the
pu+lic assem+ly or on the occasion
thereof6
1. the carrying of a deadly or
offensive weapon or device such
as firearm$ pill+o,$ +om+$ and the
li0e6
2. the carrying of a +laded
weapon and the li0e6
3 the malicious +urning of any
o+7ect in the streets or
thoroughfares6
4. the carrying of firearms +y
mem+ers of the law enforcemenunit6
5. the interfering with or
intentionally distur+ing the
holding of a pu+lic assem+ly +y
the use of a motor vehicle$ its
horns and loud sound systems.
Se!ti"n 47$ Penalties D #ny person found
guilty and convicted of any of the prohi+itedacts defined in the immediately preceding
Section shall +e punished as follows:
%a' violation of su+paragraph %a' shall +e
punished +y imprisonment of one month
and one day to si, months6
%+' violations of su+paragraphs %+'$ %c'
%d'$ %e'$ %f'$ and item 4$ su+paragraph %g
shall +e punished +y imprisonment ofsi, months and one day to si, years6
%c' violation of item 1$ su+paragraph %g'
shall +e punished +y imprisonment of
si, months and one day to si, years
without pre7udice to prosecution under
)residential Aecree o. 1IFF6
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5. #rts. 132 and 133 D Sec. 5$ #rt. 3:
reedom of religion
TITLE THREE:
CRIMES AGAINST PUBLIC ORDER
1.
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GG )urpose of the uprising must +e shown.
GG nature of the crime: a crime of the masses$
or of a mutitude
GG *t is not necessary that the purpose of the
re+ellion +e accomplished M if they are
successful$ they get to hold the government6
they will not sue their own selves.
Tea*"n Reelli"n
/evying of war
against the
government$
performed to aid
the enemy6
/evying of war
against the
government for
reasons: remove
from allegiance to
government and
deprive president
and congress of
any of their
powers6
ay +e committed
+y mere
adherence to
adherence to the
enemy giving him
aid or comfort6
Al#a+* in&"l&e*
ta'in( .p a-*
.pi*in( a(ain*t
the ("&en-ent
Can +e committed
+y an individual6
ultitude crime of
masses.
Crime against
national security
Crime against
pu+lic order
4078A$ COUP DETAT
lements:
1. ffender M persons +elonging to the
military or police holding any pu+lic
office or employment6
2. Committed M *#i,t atta!'
a!!"-panie) + &i"len!e3
inti-i)ati"n3 theat3 *tate(+ "
*tealth6
3. #ttac0 M directed against duly
constituted authorities of the )hilippines
or any military camp or installation$
communication networ0s$ pu+lic utilities
or other facilities needed for the
e,ercise and continued possession of
power6
4. )urpose of attac0 M t" *ei;eJ)i-ini*h
*tate p"#e
GG may +e committed with or without civilian
participation
40/$ PERSONS LIABLE FOR REBELLION
INSURRECTION3 AND COUP DETAT
/eaders
1. #ny person who promotes$ maintains$ o
heads a re+ellion or insurrection6
2. #ny person who leads$ directs or
commands others to underta0e a coup
detat.
;ho shall +e deemed the leader in case he is
un0nown@
GG any person who in fact )ie!te) the others*p"'e for them$ *i(ne) e!eipt* an) "the
)"!.-ent* i**.e) in thei na-e$ as
performed *i-ila a!t*$ on +ehalf or the re+els
shall +e deemed a leader of such a re+ellion
insurrection$ or coup d&etat.
)articipants
1. #ny person who participates or
e,ecutes the commands of others in a
re+ellion or insurrection62. #ny person * "B (9
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GG ere silence or omission is not punisha+le in
re+ellion6 the pu+lic officer must ta0e active
part to +e lia+le
GG o comple, crime of re+ellion M Bernande
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ot re?uired that the
offender has decided
to commit re+ellion6
"he person who
proposes has decided
to commit re+ellion6
"he act of inciting is
done )&8/*C/6
"he person who
proposes the
e,ecution of the crime
uses SC
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GG *s it necessary that the offended party +e a
person in authority or his agent@ . *f the aim
of the offender is to attain sedition$ the
offended party may +e an individual or person
+elonging to a social class
a0es attac0$ employs force$ serious
intimidation$ serious resistance
lements:
1. ffender M ma0es attac0$ employs force$
ma0es serious intimidation$ serious
resistance
2. 9ictim M person in authority or his agent
3. ffender 0nows victim is a person in
authority
4. 9ictim: %a' engaged in actual
performance of duty$ or %+' +y reason of
past performance of duty
5. o pu+lic uprising
#ttac0 M includes offensive or antagonistic
movement or action of any 0ind.
orce M must +e of serious character as to
indicate determination to defy the law and its
representative at all haards.
GG "he ,"!e e-pl"+e) need not +e serious
when the offended party is a person in
authority.
GG The inti-i)ati"n " e*i*tan!e -.*t e
*ei".* #hethe the ",,en)e) pat+ i* an
a(ent "nl+ " he i* the pe*"n in a.th"it+$ the intimidation must produce its effects
immediately$ for if the threats +e of some future
evil$ the act would not +e an assault
GG ;hen a person in authority or his agent is
the one who provo0es and attac0s another
person$ the latter is entitled to defend himself
and cannot +e held lia+le for assault or
resistance not for physical in7uries$ +ecause he
acts in legitimate defense.
GG ;hen a person in authority or his agent
e,ceeds his power or acts without authority$ i
is not the e,ercise of the functions of his office
;hen he ma0es unnecessary use of force or
violence and goes +eyond the limits of hispower$ he acts as a private person.
GG "here can +e no assault upon or
diso+edience to one authority +y another when
they +oth contend in the e,ercise for their
respective duties. %"he crime committed may
+e physical in7uries only'.
GG when the offender and the offended party
who are +oth persons in authority or their
agents$ descend to matters which are private in
nature$ the principle of authority is not violated
GG "he accused must have the 0nowledge tha
the offended party was a person in authority %or
agent' in the e,ercise of his duties$ +ecause
the accused must have the intention to offend
in7ure or assault the offended party as a person
in authority or agent of such person.
GG "he defendant must have the intention to
defy the authorities.
GG slight physical in7uries is a+sor+ed in directassault
Kualified assault:
1. committed with a weapon6
2. offender is a pu+lic officer or employee6
3. offender lays hands upon a person in
authority.
475$ INDIRECT ASSAULT
lements:
1. )erson in authority or his agent is the
victim of any if the forms of direc
assault6
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2. #nother person comes to the aid of such
authority or his agent6
3. "he offender ma0es use of force or
intimidation upon such person coming to
the aid of the authority or his agent.
GG *ndirect assault is committed only whendirect assault is also committed.
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*n applying the provisions of the preceding and
other articles of this Code$ any person directly
vested with 7urisdiction$ whether as an
individual or as a mem+er of some court or
governmental corporation$ +oard$ or
commission$ shall +e deemed a person in
authority. # +arrio captain and a +arangaychairman shall also +e deemed a person in
authority.
# person who$ +y direct provision of law or +y
election or +y appointment +y competent
authority$ is charged with the maintenance of
pu+lic order and the protection and security of
life and property$ such as a +arrio councilman$
+arrio policeman and +arangay leader and any
person who comes to the aid of persons in
authority$ shall +e deemed an agent of a
person in authority.
*n applying the provisions of #rticles 14I and
151 of this Code$ teachers$ professors and
persons charged with the supervision of pu+lic
or duly recognied private schools$ colleges
and universities$ and lawyers in the actual
performance of their professional duties or onthe occasion of such performance$ shall +e
deemed persons in authority.
GG Airectly vested with 7urisdiction M power and
authority to govern and e,ecute laws.
)ersons in #uthority:
1. municipal mayor
2. Aivision Superintendent of schools
3. )u+lic )rivate school teachers4. teacherD unrse
5. president of sanitary division
F. provincial fiscal
H. 7ustice of the peace
I. municipal councilor
. +arrio captain and +arangay chairman
,amples of agents of persons in authority:
1. policeman
2. municipal treasurer
3. postmaster
4. rural policeman$ even if not provided
with a uniform and does not receive pay
5. sheriffF. agents of the 8*