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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.

4/

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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*