CRIMES AGAINST PUBLIC ORDER1. RICS – Rebellion, Insurrection, Coup d’etat, Sedition 4. Public Disorders – Tumults, Alarms & Scandals, Delivery of Prisoners2. Illegal Assemblies & Associations 5. Evasion of Service of Sentence3. Direct/Indirect Assault, Resistance & Disobedience 6. Quasi-recidivism

134 – REBELLION or INSURRECTION 135 – COUP D’ETATELEMENTS1. That there be

a. PUBLIC UPRISINGb. TAKING ARMS against the Govt

2. PURPOSE is1. To REMOVE from the allegiance to said Govt/ its laws:

1) The TERRITORY of the PH or any part thereof2) Any body of land, naval or other ARMED FORCES

2. To DEPRIVE the Chief Exec/Congress (wholly/partially) of any of their powers or prerogatives

ELEMENTS1. O – person/s belonging to the military/police or a public officer/ee2. Making a SWIFT ATTACK accompanied by VISTS

a. Violenceb. Intimidationc. Strategyd. Threate. Stealth

3. Attack is DIRECTED againsta. duly constituted authorities of the PH orb. any military camp/installation,c. communication networksd. public utilities or other facilities needed for the exercise & continued

possession of power4. PURPOSE – to SEIZE/DIMINISH the state power

REBELLION INSURRECTIONObject to completely overthrow & supersede the existing govt

Merely toa. effect some change of minor

importance, orb. prevent the exercise of govtal

authority w/ respect to particular matters/subjects

REBELLION TREASONThe levying of war vs the govt during peace time

Levying during war

Always involves taking up arms vs the govt;Giving aid/comfort to a rebel not punishable

May be committed by mere adherence to the enemy giving him aid/comfort

Persons liable for Rebellion, Insurrection, Coup d’etatA. The LEADERS

1. Those who promote, maintain or head a rebellion/insurrection2. Those who lead, command others to undertake a coup d’etat If leaders are unknown any person who in fact directed others, spoke for

them signed receipts/documents issued in their name or performed similar acts on behalf of the rebels shall be deemed a leader

B. The PARTICIPANTS1. Those who participate or execute the commands of others in rebellion or

insurrection2. Any person in the govt service who participates or executes

directions/commands of others in undertaking a coup d’etat3. Any person NOT in the govt service who participates, supports, finances,

abets or aids in undertaking a coup d’etat Public officer must take active part to be liable mere silence/omission

Rebellion – by nature a crime of masses actual clash of arms w/ the forces of the govt not necessary Normative element – rising publicly & taking arms aganst the govt

Subjective element – intent/purpose to overthrow the govt Not covered by Art 2 on extraterritorial jurisdiction

Coup d’etat may be committed with or without civilian participation. When common crimes are committed to achieve a political purpose (not for

private purposes, or without political motivation) absorbed in the RebellionDecisive factor: intent/motive

RA 8294 – provides that violation thereof in furtherance of, incident to or in connection with the crime of rebellion, insurrection, sedition or attempted coup shall be absorbed as element of such crimes

RA 7636 - decriminalized subversion

RA 6968 (Coup d’etat Law) - removed the acts of violence from Art 135, treating them as distinct crimes:

1. Engaging in war the forces of the govt2. Being public officers, they commit serious violence/destruction of property3. Being pubic officers, they exact contribution for the support of rebellion4. Being public officers, the divest public funds to support rebellion

136 –1. CONSPIRACY to commit Rebellion, Insurrection, Coup d’etat2. PROPOSAL to commit Rebellion, Insurrection, Coup d’etat

137 – DISLOYALTY of PUBLIC OFFICERS/EES1. FAILING to RESIST a rebellion by all means in their power2. CONTINUING to DISCHARGE their official duties under the control of the rebels3. ACCEPTING APPOINTMENT to office under them

They must not be in conspiracy w/ the rebels

139 – SEDITIONELEMENTS

1. Offenders RISE (1) publicly & (2) tumultuously;2. Employing

a. Forceb. Intimidationc. Other illegal means

3. To ATTAIN any of the ff:a. To PREVENT

i) The promulgation/execution of any LAW or the holding of any popular ELECTIONii) The National Govt or any provincial/mun govt, or any public officer thereof from from freely EXERCISING its/his FUNCTIONS,iii) The execution of any ADMINISTRATIVE ORDER

b. To INFLICT an ACT of HATE/revengei) upon the person/property of any PUBLIC OFFICER/EEii) against PRIVATE PERSONS or any SOCIAL CLASS for any political/social end

c. To DESPOIL, for any political/social end anyi) Personii) Municipality/provinceiii) The National govt of all its PROPERTY or any part thereof

NATURE: the raising of commotions or disturbances in the StatePURPOSE: a violation of the public peace

public uprising + object of sedition = sedition no public uprising + object of sedition = Direct Assault of the 1st form

REBELLION SEDITION TREASON SEDITIONThere must be public uprising SameThe use of firearms is essential. Therefore, illegal possession is absorbed

Use of firearm is not essential but RA 8294 decreed that sedition absorbs the use of unlicensed firearms

Violation by a subject of his allegiance to his sovereign state

Raising of commotions/disturbances in the State

Purpose: always political Purpose may be political or social140 – persons liable for sedition

1. Leader – PM2. Participants - PC

138 – INCITING to REBELLION 142 – INCITING to SEDITION 141 – CONSPIRACY to COMMIT SEDITIONELEMENTS

1. O – does NOT take arms or is NOT in open hostility vs the Govt

2. He INCITES OTHERS to the execution of any of the acts of rebellion

3. By MEANS ofa. Speechesb. Proclamationsc. Writingsd. Emblems, etc

PROPOSAL to COMMIT Rebellion

INCITING to Rebellion

Offender INDUCES ANOTHER to commit rebellionO has decided to commit rebellion

Not required

Secret means Done publiclyThe crime of rebellion should not be actually committed. Otherwiseproponent/inducer becomes Principal by Inducement in Rebellion

ACTS1. INCITING others to the accomplishment of the acts

w/c constitute sedition by means of:a. Speechesb. Proclamationsc. Writingsd. Emblems, etc

2. UTTERING seditious words/speeches w/c tend to disturb the public peace

3. WRITING, PUBLISHING, CIRCULATING scurrilous libels against the govt/any of its duly constituted authorities, w/c tend to disturb the public peace.

ELEMENTS1. O – does not take direct part in the crime of

sedition2. He merely incites others to the

accomplishment of such acts3. By means of speeches, etc

Scurrilous – low, vulgar, mean or foul

2 Rules:1. Clear & present danger rule2. Dangerous tendency rule

There must be1. An AGREEMENT &2. A DECISION

to rise publicly & tumultuously to attain any of the objects of sedition.

Crimes Against Popular Representation143 – ACTS TENDING to PREVENT the MEETING of the CONGRESS & SIMILAR BODIES

144 – DISTURBANCE OF PROCEEDIGNS 145 – VIOLATION of PARLIAMENTARY IMMUNITY

ELEMENTS1. There is a projected/actual MEETING of the

Congress or any of its sub/committees, concoms or divisions thereof, or of any provincial board, city or mun council or board

2. O – any person who PREVENTS such meeting bya. Forceb. Fraud

ELEMENTS1. There is a MEETING of Congress, etc2. O – any person who:

a. DISTURBS any of such mtgsb. BEHAVES while in the presence of an such

bodies in such a manner as toi) Interrupt its proceedings orii) Impair the respect due it

O – any person

ACTS:1. Using force, intimidation, threats or fraud to

PREVENT any member of the Congress from:a. ATTENDING the meetingsb. EXPRESSING his opinionsc. CASTING his vote

2. ARRESTING or SEARCHING any member thereof while Congress is in regular or special session for a crime punishable by Prision Mayor or higher

O – public officer/ee

146 – ILLEGAL ASSEMBLIES 147 – ILLEGAL ASSOCIATIONS

1. Any MEETING (whether in a fixed place or moving) attended by ARMED PERSONS for the purpose of committing a crime

The persons present must be armed, but not all of them must necessarily be armed. The unarmed person merely present at the meeting is also liable but w/ a lower penalty than the armed persons.

2. Any MEETING in w/c the AUDIENCE (whether armed/not) is INCITED to the commision of DIRTS

a. Treasonb. Rebellionc. Insurrectiond. Seditione. Direct Assault

The audience must actually be incited. If they are, the crimes committed are:1. Illegal assembly as to

1) The organizers/leaders2) Persons merely present

2. Inciting to rebellion/sedition for the ones inciting them If any person present 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 a crime;

2. He is considered a LEADER or organizer

1. Associations totally/partially organized for the purpose of committing a CRIME;

2. Associations totally/partially organized for some purpose contrary to PUBLIC MORALS.

Persons Liable:1. Founders, directors & president2. Members

It is necessary that there is an actual meeting or assembly Not necessary that there be an actual meeting The meeting and attendance at such meeting are punished The act of forming or organizing and membership are punished The Persons liable are:

1. Organizers/leaders of the meeting2. Persons present at the meeting

Persons liable1. Founders, directors & president2. Members

148 – DIRECT ASSAULTS 149 – INDIRECT ASSAULTS

ACTS: When without public uprising, any person1. Employing FORCE/INTIMIDATION for the attainment of any of the purposes of REBELLION or SEDITION;

Offended party – a private indiv or person belonging to a social class2. By knowingly

a. ATTACKINGb. EMPLOYING FORCE

If vs AGENT of a PA force must be serious If vs PA force need not be serious

c. Seriously INTIMIDATINGd. Seriously RESISTINGany person in authority (PA) or any of his agents, while

a) engaged in the performance of official dutiesb) on the occasionof such performance.

The intimidation or resistance must both be serious whether against PA or Agent Resistance must be active & not merely passive

Person in Authority – a person directly vested w/ jurisdiction(power or authority to govern & execute the laws), whether as an individual or as a member of some court, governmental corp, board or commission. Barrio captain, Brgy chairman, heads of schools, Teachers, lawyers

Agent of a PA – Policeman, Mun treasurer, Postmaster, Sheriff, BIR Agent, Malacañang confidential agent

No Direct Assault in the ff:a. PA/agent exceeds his power or acts without authorityb. Uses unnecessary force/violencec. When the offender & offended party are both PAs/Agentsd. When there is public uprisinge. If public officer is not a PA AC of rank

ELEMENTS:1. PA/agent is the victim of any of the

forms of DA in 1482. A person comes to the AID of such

PA/Agent3. O – makes use of

FORCE/INTIMIDATION upon such person coming to the aid of the PA/agent.

Indirect assault can only be committed when a Direct Assault is also committed.

Qualified Assault1. When committed w/ a WEAPON2. When O is a PUBLIC OFFICER/EE3. When O LAYS HANDS upon a PA

If the laying of hands does not amount to DA Qualified less serious physical injures If it amounts to DA Direct Assault w/ Less Serious Physical injuries

Crimes that may be Complexed w/ Direct Assault1. Homicide2. Murder3. Serious physical injuries4. Less serious physical injures

slight physical injuries is absorbed in DA

150 – DISOBEDIENCE to SUMMONS issued by the1. Congress, its Committees or subcommittees,

151 – RESISTANCE & DISOBEDIENCE TO A PERSON IN AUTHORITY or his AGENT

2. Constitutional Commissions, its committees, subcommittees or divisions

ACTS1. REFUSING w/o legal excuse TO OBEY SUMMONS of the 2. REFUSING to be SWORN or placed under affirmation while being before

such legislative or consitutional body/official3. REFUSING to ANSWER any legal inquiry or to PRODUCE any books, papers,

etc in his possession, when required by them to do so in the exercise of their functions when the papers/docs may be used in evidence against the owner thereof because it would be equivalent to compelling him to be witness against himself.

4. RESTRAINING another from attending as a WITNESS in such legislative/consitutional body

5. INDUCING DISOBEDIENCE to a summons or refusal to be sworn by any such body/official.

Above acts may also constitute contempt of Congress

1. Resistance & Serious Disobedience1) PA/agent is

a) engaged in the performance of official dutyb) gives a lawful order to the offender

2) O – knowingly RESISTS or SERIOUSLY DISOBEYS such pa/agent3) Must not constitute 148, 149 & 150

Orders must be directly issued to the offender Accused must have knowledge that the person is a PA/agent

2. Simple Disobedience1) An AGENT of pa

a) is engaged in the performace of official dutyb) gives a lawful order to the offender

2) O DISOBEYS such agent3) Disobedience is NOT SERIOUS

DIRECT ASSAULT RESISTANCE/SERIOUS DISOBEDIENCE

PA/agent must be engaged in the perf of official duties, or that he is assaulted by reason thereof

In resistance, PA/agent must be in the actual performance of his duties

2nd form is commited in 4 ways:a) Attackingb) Employing forcec) Seriously intimidatingd) Seriously resisting

Committed only bya) Resistingb) Seriously disobeying

Force employed to agent must be serious

The use of force in resistance is not so serious or no force at all

Public Disorders153 – TUMULTS 154 – 155 – ALARMS & SCANDALS

1. UNLAWFUL USE of MEANS of PUBLICATION2. UNLAWFUL UTTERANCES

ACTS1. CAUSING any SERIOUS DISTURBANCE in a

public place, office or establishment;2. INTERRUPTING/DISTURBING performances,

functions, gatherings or peaceful meetings if not included in 131 & 132;

3. Making an OUTCRY tending to incite rebellion/sedition in any meeting, association or public place

4. DISPLAYING placards/emblems w/c provoke a disturbance of public order in such place

5. BURYING w/ POMP the body of a person who has been legally executed.

ACTS1. PUBLISHING or causing to be published, by means

of printing, lithography or any other means of publication, as news, any FALSE NEWS w/c may

a. endanger public order orb. cause damage to the interest/credit of the

State.2. By

a. ENCOURAGING DISOBEDIENCE to the law/duly constituted authorities or

b. PRAISING/JUSTIFYING or EXTOLLING any act punished by law, by the same means, or by words, utterances or speeches;

3. Maliciously PUBLISHING or causing to be published any official resolution/document

a. without proper authority, orb. before they have been published officially;

4. PRINTING, PUBLISHING, DISTRIBUTING (or causing the same) books, pamphlets, periodicals or leaflets

a. w/c do not bear the real printer’s name orb. w/c are classified as anonymous.

ACTS1. DISCHARGING any firearm, rocket, explosive w/in any

town or public place, calculated to (MUST) cause alarm or danger;

2. INSTIGATING, or taking ACTIVE part in any CHARIVARI or other disorderly meeting offensive to another, or prejudicial to public tranquility

3. DISTURBING the public peace while wandering about at night or while engaged in any other nocturnal amusements

4. Causing any DISTURBANCE or SCANDAL in public places while intoxicated or otherwise when 153 is applicable

If the act of disturbing/interrupting a meeting/religious worshi is committed by:

a) a private indivb) public officer who is a participant

153 (not 131 or 132)

Outcry – to shout subversive or provocative words tending to stir up the people to obtain by means of force/violence any of the objects of rebellion/sedition; the outcry must be more or less an

unconscious outburst, & not deliberately planned. Otherwise Inciting to sedition/rebellion

O must know that the news is false If there is no possibility of danger to public order,

etc, in the publication of news 154 is n/a

Discharge of firearm should not be aimed at a person. Otherwise Discharge of Firearm

The act must produce alarm or danger. It is the result & not the intent that counts.

Charivari – includes a medley of discordant voices, a mock serenade of discordant noises made on kettles, tins, etc designed to annoy & insult

If the disturbance is of serious nature Tumults

QC:If the disturbance/interruption is of a

TUMULTUOUS CHARACTER.Tumultuous – caused by at least 4 persons who are

armed or provided w/ means of violence

156 – DELIVERING PRISONERS from JAIL 157 – EVASION of SERVICE of SENTENCE by ESCAPING during the term of his sentence

158 – EVASION of SERVICE of SENTENCE, on the OCCASION of DISORDERS

ELEMENTS1. A prisoner/detainee is confined in a jail or penal

establishment, or a hospital/asylum2. O – REMOVES therefrom such person or HELPS

the ESCAPE of such person O – may be

a. an outsider.b. an ee of the penal establishment who

helps the escape, provided he does not have custody or charge of such person

c. another prisoner If O is a public officer who had the prisoner in

his custody or charge Infidelity in the custody of a prisoner (223) if he helped the escape while he was off duty

ELEMENTS1. O – is a convict by final judgment2. serving sentence w/c consists in deprivation of

liberty Also applicable to Destierro

3. EVADES the service of his sentence by ESCAPING during the term of his sentence

sentence of deportation

ELEMENTS1. O – is a convict by final judgment who is confined

in a penal institution2. There is DISORDER resulting from

a. conflagration,b. earthquake,c. explosion, similar catastrophed. mutiny (in w/c he has not participated)

3. He EVADES the service of his sentence by leaving the penal institution on the occasion of such disorder/mutiny

4. He FAILS to GIVE HIMSELF UP to the authorities w/in 48hrs following the issuance of a PROCLAMATION by the Chief Exec announcing the passing away of such calamity.

QC: If the removal/delivery is done by means of BRIBERY

offender must have employed bribery as a means (he is not the one who received or agreed to receive the bribe)

If the crime is committed by the prisoner for w/c he is confined or serving sentence for treason, murder, parricide the act of taking the place of the prisoner in the prison Accessory

QC:1. By means of UNLAWFUL ENTRY (SCALING)2. BREAKING doors, windows, etc3. Using PICKLOCKS, false keys, disguise, deceit,

violence, or intimidation4. Through CONNIVANCE w/ other convicts or

ees of the penal institution

What is punished is not the leaving, but the FAILURE of the convict to GIVE HIMSELF UP to the authorites w/in 48 hrs blah blah.

Liability of the PRISONER who escaped:If he is a DETENTION PRISONER no liabilityIf he is a CONVICT by fj Evasion of Service of Sentence

If the O fails to give himself up increase of 1/5 of the time remaining to be served under the original sentence (not to exceed 6months)

If he gives himself up deduction of 1/5 of the period of his sentence

159 – OTHER CASES OF EVASION OF SERVICE OF SENTENCEELEMENTS1. O – was a convict2. He was granted a CONDITIONAL PARDON by the President3. He VIOLATED any of the conditions of such pardon

PENALTIES:a. PC min – if penalty remitted does not exceed 6yrsb. The unexpired portion of his original sentence if the penalty remitted is

higher than 6yrs Violation of Conditional Pardon is a distinct crime. O can be arrested & reincarcerated without trial

Period when convict was at liberty is NOT DEDUCTED in case he is recommitted.

160 – COMMISSION of ANOTHER CRIME during the service of penalty imposed for another previous offense (QUASI-RECIDIVISM)

Quasi-recidivism – the commission of another felony (special law) by the convicta. before beginning to serve sentence orb. while serving the same