CLAW BOOK2 - Title III

Crimes against Public Order

Article 134. Rebellion and insurrection.(PARD)

Elements:
1. there is a Public uprising and taking Arms against the government;
2. the purpose of the uprising or movement is:
a. to Remove from the allegiance to the government or its laws the Philippine territory or any part thereof, or any body of land, naval, or other armed forces; or
b. to Deprive the Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives.

Article 134-A. Coup d’état (OMAA)

a. Offender is a person or persons belonging to the military or police or holding any public office or employment;
b. it is committed by Means of a swift attack accompanied by violence, intimidation, threat, strategy or stealth;
c. the Attack is directed against the duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communication networks, public utilities or other facilities needed for the exercise and continued possession of power
d. the purpose of the Attack is to seize or diminish state power

Article 135. Penalty for rebellion, insurrection or coup d’etat.

Any person who promotes, maintains, or heads a rebellion or insurrection shall suffer the penalty of reclusion perpetua.

WHO ARE LIABLE FOR REBELLION, INSURRECTION, OR COUP D’ETAT?

The following are liable for the aforementioned crimes:

A. The Leaders

Any person who

(a) promotes,

(b) maintains, or

(c) heads a rebellion or insurrection; or

Any person who

(a) leads,

(b) directs, or

(c) commands others to undertake coup d’etat.

B. The Participants

Any person who

(a) participates, or

(b) executed the commands of others in rebellion, or insurrection;

Any person in the government service who

(a) participates, or

(b) executed directions or commands of others in undertaking a coup d’etat.

Any person not in the government service who

(a) participates,

(b) support,

(c) finances,

(d) abets, or

(e) aids in undertaking a coup d’etat.

Article 136. Conspiracy and proposal to commit coup d'etat, rebellion or insurrection.

Punishable Acts

1.Conspiracy to commit rebellion

2. Proposal to commit rebellion

Conspiracy to commit rebellion

When two or more persons come to an agreement to rise publicly and take arms against the Government for any of the purposes of rebellion and decide to commit it

Proposal to commit rebellion

When the person who has decided to rise publicly and take arms against the Government for any of the purposes of rebellion proposes its execution to some other person or persons.

Article 137. Disloyalty of public officers or employees

Offender Must be A Public Officer or Employee The offender must be a public officer or employee. Hence, if a private individual accepts an appointment to office under the rebels, he is not liable under this article.

Punishable Acts of Disloyalty of public officers or employees

1.By failing to resist a rebellion by all the means in their power; or

2. By continuing to discharge the duties of their offices under the control of the rebels; or

3. By accepting appointment to office under them

Article 138. Inciting to rebellion or insurrection.

a. Offender does not take arms or is not in open hostility against the government;
b. He incites others to the execution of any of the acts of rebellion;
c. The inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end.

Inciting

the act of being able to urge or persuade (someone) to act in a violent or unlawful way.

Article 139. Sedition.(REM) (PEIC-D)

1. offenders Rise publicly and tumultuously;
2. offenders Employ force, intimidation, or other means outside of legal methods;
3. the offenders employ any of the following Means:
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 public officer from Exercising its or his functions, or prevent the execution of an 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 classes;
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

Tumultuous

In Article 163, tumultuous is given a definite meaning, the disturbance is considered tumultuous if caused by more than three persons who are armed or provided with means of violence

Article 140. Penalty for sedition

The leader of a sedition shall suffer the penalty of prision mayor in its minimum period and a fine not exceeding Two million pesos (P2,000,000)

Persons Liable for Sedition

(1) Leader of the sedition

(2) Other persons participating in the sedition

Article 141. Conspiracy to commit sedition.

Persons conspiring to commit the crime of sedition shall be punished by prision correccional in its medium period and a fine not exceeding Four hundred thousand pesos (P400,000).

There Must be An Agreement and A Decision

-Thus, an agreement and a decision to attain an object of sedition without any agreement to rise publicly and tumultuously is not conspiracy to commit sedition. Such an agreement and decision may constitute a conspiracy to commit direct assault of the first form (Art. 148), which is not a felony.

Article 142. Inciting to sedition. ”Punishable acts of Inciting to Sedition” (ISLE)

a. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems, etc.
b. uttering Seditious words or speeches which tend to disturb the public peace;
c. writing, publishing, or circulating scurrilous Libels against the government or any of the duly constituted authorities thereof, which tend to disturb the public peace.
d. knowingly concealing such Evil practices.

Clear and Present Danger Rule

The words must be of such nature that by uttering them there is a danger of a public uprising and that such danger should be both clear and imminent. The danger must not only be probable but very likely inevitable.

Dangerous Tendency Rule

If the words used tend to create a danger of public uprising, then those words could properly be the subject of a penal clause.

Article 143. Acts tending to prevent the meeting of the Congress and similar bodies

1. That there be a projected or actual meeting of the National Assembly or any of its committees or subcommittees, constitutional committees or divisions thereof, or of any provincial board or city or municipal council or board.

2. That the offender who may be any person prevents such meeting by force or fraud

Article 144. Disturbance of proceedings

1. A meeting of the 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. That the offender does any of the following acts:

a. Disturbs any of such meetings.

b. 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.

Article 145. Violation of parliamentary immunity

Elements Act 1

A. That the offender uses force, intimidation, threats or fraud;

B. That the purpose of the offender is to prevent any member of the Congress from –

a. Attending the meeting of the Congress any of its committees or subcommittees, constitutional commissions or committees or divisions thereof.

b. Expressing his opinions

c. Casting his vote

Elements Act 2

1. That the offender is a public officer or employee.

2. That he arrests or searches any member of the Congress.

3. That the Congress, at the time of the arrest or search, is in regular or special session.

4. That the member arrested or searched has not committed a crime punishable under the Code by a penalty higher than prision mayor.

Punishable Acts of Violation of parliamentary immunity

1. By using force, intimidation, threats, or frauds to prevent any member of the Congress from

a. Attending the meetings of the Congress or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof.

b. Expressing his opinions

c. Casting his vote

2.By arresting or searching any member thereof while the 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 (reclusion temporal – death).

Article 146. Illegal assemblies.(Illegal Assembly Mode 1)

1. Any meeting attended by armed persons for the purpose of committing any of the crime punishable under the Code.

a. There is a meeting, a gathering or group of persons, whether in a fixed place or moving;
b. The meeting is attended by armed persons;
c. The purpose of the meeting is to commit any of the crimes punishable under the Code.

Article 146. Illegal assemblies.(Illegal Assembly Mode 2)

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 agents

1. There is a meeting, a gathering or group of persons, whether in a fixed place or moving;
2. The audience, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault.

Article 147. Illegal associations

1. Associations totally or partially organized for the purpose of committing any of the crimes punishable under the Code;
2. Associations totally or partially organized for some purpose contrary to public morals.

Persons Liable for Illegal Association

1. Founders, directors, and president of the association.

2. Mere members of the association.

Article 148. Direct assaults.

Direct Assault Mode 1 (FAN)

Committed by any person who, without public uprising, employs force or intimidation for the attainment of a purpose of rebellion and sedition

1. offender employs Force or intimidation;
2. the aim of the offender is to Attain any of the purposes of the crime of rebellion or any of the objects of the crime of sedition;
3. there is No public uprising.

Article 148. Direct assaults.

Direct Assault Mode 2 (O-PAT-KU)

Committed by any person who shall attack, employ force or seriously intimidate or resist a person in authority or his agents, while engaged in the performance of official duties or on occasion of such performance.

a. the Offender makes an attack, employs force, makes a serious intimidation, or makes a serious resistance;
b. the Person Assaulted is a person in authority or his agent;
c. at the Time of the assault, the person in authority or his agent is engaged in the actual performance of official duties, or that he is assaulted by reason of the past performance of official duties;
d. offender Knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties.
e. There is no public Uprising.

With intent to defy the law and its representative at all hazard.

Article 149. Indirect assault (VAU)

1. a person in authority or his agent is the Victim of any of the forms of direct assault defined in Article 148;
2. a person comes to the Aid of such authority or his agent;
3. offender makes Use of force or intimidation upon such person coming to the aid of the authority or his agent

Article 150. Disobedience to summons issued by the National Assembly, its committees or subcommittees, by the Constitutional Commissions, its committees, subcommittees or divisions.

Acts Punished

1. By refusing, without legal excuse to obey summons of the National Assembly, its special or standing committees and subcommittees, the Constitutional commissions and its committees, subcommittees or divisions, or by any commission or committee chairman or member authorized to summon witnesses.

2. By refusing to be sworn or placed under affirmation while being before such legislative or constitutional body or official.

3. By refusing to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them 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 by any such body or official

Article 151. Resistance and disobedience to a person in authority or the agents of such person.(ERA)

1. That a person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender. 2. That the offender resists or seriously disobeys such person in authority or his agent.

3. That the act of the offender is not included in the provisions of Articles 148, 149, 150

Elements of Simple Obedience (ED-Not)

1. That an agent of a person in authority is engaged in the performance of official duty or gives a lawful order to the offender. 2. That the offender disobeys such agent of a person in authority.

3. That such disobedience is not of a serious nature.

Serious Disobedience

The person in authority or his agent must be in actual performance of his duties.Committed only be resisting or seriously disobeying a person in authority or his agent.

Resistance against an agent of a person in authority

• Use of force in resistance is not so serious.

• No manifest intention to defy the law, officers enforcing it.

Note:If no force is employed by the offender, the crime committed is Article 151.

Article 152. Persons in Authority and Agents of Persons in Authority

In applying the provisions of the preceding and other articles of this Code, any person directly vested with jurisdiction, whether as an individual or as a member of some court or government corporation, board, or commission, shall be deemed a person in authority. A barangay captain and a barangay chairman shall also be deemed a person in authority.

Person in Authority

They are those vested with jurisdiction. To be an agent of a person in authority one must be charged with:

(1) The maintenance of public order

(2) Protection and security of life and property

Article 153. Tumults and other disturbances of public order

Punishable Acts

a. Causing any serious disturbance in a public place, office or establishment;
b. Interrupting or disturbing performances, functions or gatherings, or peaceful meetings, if the act is not included in Arts. 131 and 132;
c. Making any outcry tending to incite rebellion or sedition in any meeting, association or public place;
d. Displaying placards or emblems which provoke a disturbance of public order in such place;
e. Burying with pomp the body of a person who has been legally executed.

Outcry

The word "outcry" in this article means to shout subversive or provocative words tending to stir up the people to obtain by means of force or violence any of the objects of rebellion or sedition

Tumultuous

The disturbance or interruption shall be deemed to be tumultuous if caused by more than three persons who are armed or provided with means of violence. When this happens, then the crime is qualified.

Article 154. Unlawful use of means of publication and unlawful utterances

Punishable Acts

a. 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;
b. Encouraging disobedience to the law or to the constituted authorities or praising, justifying or extolling any act punished by law, by the same means or by words, utterances or speeches;
c. Maliciously publishing or causing to be published any official document or resolution without proper authority, or before they have been published officially;
d. 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.

Article 155. Alarm and scandals(DIWA)

a. Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause (which produces) alarm or danger;
b. Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility;
c. disturbing the public peace while Wandering about at night or while engaged in any other nocturnal amusements;
d. causing Any disturbances or scandal in public places while intoxicated or otherwise, provided Art. 153 is not applicable.

Charivari

The term "charivari" includes a medley of discordant voices, a mock serenade of discordant noises made on kettles, tins, horns, etc., designed to annoy and insult

Article 156. Delivering prisoners from jail.(CRV-O)

a. there is a person Confined in a jail or penal establishment
b. the offender Removes therefrom such person or helps the escape of such person
c. by means of Violence, intimidation or bribery or
d. shall take place Outside of said establishments taking the guards by surprise.

Article 157. Evasion of service of sentence(ConSE)

a. the offender is a CONvict by final judgement;
b. he is Serving his sentence, which consists in deprivation of liberty and
c. he Evades the service of his sentence by escaping during the term of his sentence

Qualifying Circumstances: Evasion of sentence

a. By means of unlawful entry (this should be "by scaling" - Reyes);
b. By breaking doors, windows, gates, walls, roofs or floors;
c. By using picklock, false keys, disguise, deceit, violence or intimidation; or
d. Through connivance with other convicts or employees of the penal institution.

Article 158. Evasion of service of sentence on the occasion of disorders, conflagration, earthquakes and other calamities

1. Offender is a convict by final judgment, who is confined in a penal institution;
2. There is disorder, resulting from -
a. conflagration;
b. earthquake;
c. explosion;
d. similar catastrophe; or
e. mutiny in which he has not participated;
3. He evades the service of his sentence by leaving the penal institution where he is confined, on the occasion of such disorder or during the mutiny;
4. He fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity.

Article 159. Other cases of evasion of service of sentence

a. offender was a Convict
b. he was Granted a conditional pardon by the Chief Executive
c. he violated any of the conditions of such person

Article 160. Commission of another crime during service of penalty imposed for another previous offense

1. That the offender was already convicted by final judgment of one offense.

2. That he committed a new felony before beginning to serve such sentence or while serving the same.

Quasi-Recidivism

It is a special aggravating circumstance where a person, after having been convicted by final judgment, shall commit a new felony before beginning to serve such sentence, or while serving the same. He shall be punished by the maximum period of the penalty prescribed by law for the new felony.

Infidelity in the Custody of Prisoners(Custodian)

Committed by any public officer who consents to the escape of a prisoner sentenced by final judgment or a detention prisoner in his custody or charge, or allows such escape through his negligence.

Quasi-recidivism from Habituality

The aggravating circumstance of "reiteracion" requires that the offender against whom it is considered shall have served out his sentences for the prior offenses. Here, all the accused were yet serving their respective sentences at the time of the commission of the crime of murder. The special aggravating circumstance of quasi-recidivism (Art. 160, R.P.C.) was correctly considered against all the accused (People v. Layson).