C. Crimes against public order

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

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CHAPTER 1: REBELLION, SEDITION AND DISLOYALTY

1. Rebellion or insurrection

a. CONCEPT

Article 134. Rebellion or insurrection; How committed. – The crime of rebellion or insurrection is committed by rising publicly and taking arms against the Government for the purpose of removing from the allegiance to said Government or its laws, the territory of the Philippine Islands or any part thereof, of any body of land, naval or other armed forces, depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender rises publicly and takes arms against the Government;

2) Such acts were for the purpose of removing from the allegiance to said Government or its laws, the territory of the Philippine Islands or any part thereof, of any body of land, naval or other armed forces; and,

3) This results in depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives.

WHEN DEEMED A LEADER: When the rebellion, insurrection, or coup d’etat shall be under the command of unknown leaders, any person who in fact directed the others, spoke for them, signed receipts and other documents issued in their name, as performed similar acts, on behalf or the rebels shall be deemed a leader of such a rebellion, insurrection, or coup d’etat. (Last paragraph, Article 135, Ibid.)

2. Conspiracy to commit rebellion or insurrection

a. CONCEPT

The conspiracy and proposal to commit rebellion or insurrection shall be punished respectively, by prisión correccional in its maximum period and a fine which shall not exceed One million pesos (₱1,000,000) and by prisión correccional in its medium period and a fine not exceeding Four hundred thousand pesos (₱400,000). (Paragraph 2, Article 136, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender conspired to commit rebellion or insurrection

3. Proposal to commit rebellion or insurrection

a. CONCEPT

The conspiracy and proposal to commit rebellion or insurrection shall be punished respectively, by prisión correccional in its maximum period and a fine which shall not exceed One million pesos (₱1,000,000) and by prisión correccional in its medium period and a fine not exceeding Four hundred thousand pesos (₱400,000). (Paragraph 2, Article 136, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender proposed to commit rebellion or insurrection

4. Coup d’etat

a. CONCEPT

Article 134-A. Coup d’etat; How committed. – The crime of coup d’etat is a swift attack accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communications network, public utilities or other facilities needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in the Philippines by any person or persons, belonging to the military or police or holding any public office of employment with or without civilian support or participation for the purpose of seizing or diminishing state power. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender committed a swift attack accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communications network, public utilities or other facilities needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in the Philippines by any person or persons, belonging to the military or police or holding any public office of employment with or without civilian support or participation; and,

2) Such acts were for the purpose of seizing or diminishing state power.

WHEN DEEMED A LEADER: Same as in rebellion or insurrection.

5. Conspiracy to commit coup d’etat

a. CONCEPT

Art. 136. Conspiracy and proposal to commit coup d’etat, rebellion, or insurrection – The conspiracy and proposal to commit coup d’etat shall be punished by prisión mayor in its minimum period and a fine which shall not exceed One million pesos (₱1,000,000). (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender conspired to commit coup d’etat

6. Proposal to commit coup d’etat

a. CONCEPT

The conspiracy and proposal to commit rebellion or insurrection shall be punished respectively, by prisión correccional in its maximum period and a fine which shall not exceed One million pesos (₱1,000,000) and by prisión correccional in its medium period and a fine not exceeding Four hundred thousand pesos (₱400,000). (Paragraph 2, Article 136, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender proposed to commit coup d’etat

7. Disloyalty of public officers or employees

a. CONCEPT

Article 137. Disloyalty of public officers or employees. – The penalty of prision correccional in its minimum period shall be imposed upon public officers or employees who have failed to resist a rebellion by all the means in their power, or shall continue to discharge the duties of their offices under the control of the rebels or shall accept appointment to office under them. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1st Mode

1) The offender is a public officer or employee; and,

2) He fails to resist a rebellion by all the means in their power, or shall continue to discharge the duties of their offices under the control of the rebels or shall accept appointment to office under them.

2nd Mode

1) The offender is a public officer or employee; and,

2) He continues to discharge the duties of their offices under the control of the rebels.

3rd Mode

1) The offender is a public officer or employee; and,

2) He accepts appointment to office under them.

8. Inciting a rebellion or insurrection

a. CONCEPT

Article 138. Inciting a rebellion or insurrection. – The penalty of prision mayor in its minimum period shall be imposed upon any person who, without taking arms or being in open hostility against the Government, shall incite others to the execution of any of the acts specified in article 134 of this Code, by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender incites others to the execution of any of the acts specified in Article 134 of the RPC;

2) He commits such acts by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end; and,

3) He commits them without taking arms or being in open hostility against the Government

9. Sedition

a. CONCEPT

Article 139. Sedition; How committed. – The crime of sedition is committed by persons who rise publicly and tumultuously in order to attain by force, intimidation, or by other means outside of legal methods, any of the following objects:

1. To prevent the promulgation or execution of any law or the holding of any popular election;

2. To prevent the National Government, or any provincial or municipal government or any public officer thereof from freely exercising its or his functions, or prevent the execution of any administrative order;

3. To inflict any act of hate or revenge upon the person or property of any public officer or employee;

4. To commit, for any political or social end, any act of hate or revenge against private persons or any social class; and

5. To despoil, for any political or social end, any person, municipality or province, or the National Government (or the Government of the United States), of all its property or any part thereof. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender rises publicly and tumultuously;

2) He does so in order to attain by force, intimidation, or by other means outside of legal methods, any of the following objects:

a) To prevent the promulgation or execution of any law or the holding of any popular election;

b) To prevent the National Government, or any provincial or municipal government or any public officer thereof from freely exercising its or his functions, or prevent the execution of any administrative order;

c) To inflict any act of hate or revenge upon the person or property of any public officer or employee;

d) To commit, for any political or social end, any act of hate or revenge against private persons or any social class; and

e) To despoil, for any political or social end, any person, municipality or province, or the National Government (or the Government of the United States), of all its property or any part thereof. (Article 139, Ibid.)

10. Conspiracy to commit sedition

a. CONCEPT

Art. 141. Conspiracy to commit sedition. – Persons conspiring to commit the crime of sedition shall be punished by prisión correccional in its medium period and a fine not exceeding Four hundred thousand pesos (₱400,000). (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender conspires to commit the crime of sedition

11. Inciting to sedition

a. CONCEPT

Art. 142. Inciting to sedition. – The penally of prisión correccional in its maximum period and a fine not exceeding Four hundred thousand pesos (₱400,000) shall be imposed upon any person who, without taking any direct part in the crime of sedition, should incite others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end, or upon any person or persons who shall utter seditious words or speeches, write, publish, or circulate scurrilous libels against the Government, or any of the duly constituted authorities thereof, or which tend to disturb or obstruct any lawful officer in executing the functions of his office, or which tend to instigate others to cabal and meet together for unlawful purposes or which suggest or incite rebellious conspiracies or riots, or which lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safety and order of the Government, or who shall knowingly conceal such evil practices. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1st Mode

1) The offender incites others to the accomplishment of any of the acts which constitute sedition, by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end; and,

2) He commits such acts without taking any direct part in the crime of sedition.

2nd Mode

1) The offender utters seditious words or speeches, write, publish, or circulate scurrilous libels against the Government of the Philippines, or any of the duly constituted authorities thereof, or which tend to disturb or obstruct any lawful officer in executing the functions of his office, or which tend to instigate others to cabal and meet together for unlawful purposes, or which suggest or incite rebellious conspiracies or riots, or which lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safety and order of the Government, or who shall knowingly conceal such evil practices; and,

2) He commits such acts without taking any direct part in the crime of sedition.

CHAPTER 2: CRIMES AGAINST POPULAR REPRESENTATION

SECTION 1 – CRIMES AGAINST LEGISLATIVE BODIES AND SIMILAR BODIES

12. Act tending to prevent the meeting of the Assembly and similar bodies

a. CONCEPT

Art. 143. Acts tending to prevent the meeting of Congress and similar bodies – The penalty of prisión correccional or a fine ranging from Forty thousand pesos (₱40,000) to Four hundred thousand pesos (₱400,000), or both, shall be imposed upon any person who, by force or fraud, prevents the meeting of Congress or of 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. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender prevents the meeting of the National Assembly (Congress of the Philippines) or of 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; and,

2) He commits such acts by force or fraud.

13. Disturbance of proceedings

a. CONCEPT

Art. 144. Disturbance of proceedings – The penalty of arresto mayor or a fine from Forty thousand pesos (₱40,000) to Two hundred thousand pesos (₱200,000) shall be imposed upon any person who disturbs the meetings of Congress or of 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, or in the presence of any such bodies should behave in such manner as to interrupt its proceedings or to impair the respect due it. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender disturbs the meetings of the National Assembly (Congress of the Philippines) or of 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, or in the presence of any such bodies should behave in such manner as to interrupt its proceedings or to impair the respect due it.

SECTION 2: VIOLATION OF PARLIAMENTARY IMMUNITY

14. Violation of parliamentary immunity

a. CONCEPT

Article 145. Violation of parliamentary immunity. – The penalty of prision mayor shall be imposed upon any person who shall use force, intimidation, threats, or fraud to prevent any member of the National Assembly (Congress of the Philippines) from attending the meetings of the Assembly (Congress) or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, from expressing his opinions or casting his vote; and the penalty of prision correccional shall be imposed upon any public officer or employee who shall, while the Assembly (Congress) is in regular or special session, arrest or search any member thereof, except in case such member has committed a crime punishable under this Code by a penalty higher than prision mayor. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1st Mode

1) The offender uses force, intimidation, threats, or fraud; and,

2) These are done to prevent any member of the National Assembly (Congress of the Philippines) from attending the meetings of the Assembly (Congress) or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, from expressing his opinions or casting his vote.

2nd Mode

1) The offender is a public officer or employee; and,

2) He arrests or searches any member thereof, except in case such member has committed a crime punishable under this Code by a penalty higher than prision mayor; and,

3) He commits such acts while the Assembly (Congress) is in regular or special session.

CHAPTER 3: ILLEGAL ASSEMBILES AND ASSOCIATIONS

15. Illegal assemblies

a. CONCEPT

Article 146. Illegal assemblies. – The penalty of prision correccional in its maximum period to prision mayor in its medium period shall be imposed upon the organizers or leaders of any meeting attended by armed persons for the purpose of committing any of the crimes punishable under this Code, or of any meeting in which the audience is incited to the commission of the crime of treason, rebellion or insurrection, sedition or assault upon a person in authority or his agents. Persons merely present at such meeting shall suffer the penalty of arresto mayor, unless they are armed, in which case the penalty shall be prision correccional.

If any person present at the meeting carries an unlicensed firearm, it shall be presumed that the purpose of said meeting, insofar as he is concerned, is to commit acts punishable under this Code, and he shall be considered a leader or organizer of the meeting within the purview of the preceding paragraph.

As used in this article, the word “meeting” shall be understood to include a gathering or group, whether in a fixed place or moving. (Act No. 3815, Revised Penal Code)

MEETING: As used in this article, the word “meeting” shall be understood to include a gathering or group, whether in a fixed place or moving. (Paragraph 3, Article 146, Ibid.)

BREAKDOWN:

1st Mode

1) The offenders are the organizers or leaders of any meeting;

2) The meeting is attended by armed persons for the purpose of committing any of the crimes punishable under the Revised Penal Code, or of any meeting in which the audience is incited to the commission of the crime of treason, rebellion or insurrection, sedition or assault upon a person in authority or his agents.

2nd Mode

1) The offeder is merely present at such meeting

3rd Mode

1) The offender is present at such meeting; and,

2) He is are armed. (Article 146, Ibid.)

16. Illegal associations

a. CONCEPT

Art. 147. Illegal associations. – The penalty of prisión correccional in its minimum and medium periods and a fine not exceeding Two hundred thousand pesos (₱200,000) shall be imposed upon the founders, directors, and presidents of associations totally or partially organized for the purpose of committing any of the crimes punishable under this Code or for some purposed contrary to public morals. Mere members said associations shall suffer the penalty of arresto mayor. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1st Mode

1) The offenders are founders, directors, and presidents of associations; and,

2) These are totally or partially organized for the purpose of committing any of the crimes punishable under the Revised Penal Code or for some purpose contrary to public morals

2nd Mode

1) The offenders are members of said associations; and,

2) These are totally or partially organized for the purpose of committing any of the crimes punishable under the Revised Penal Code or for some purpose contrary to public morals

CHAPTER 4: ASSAULT UPON, AND RESISTANCE AND DISTURBANCE TO, PERSONS IN AUTHORITY AND THEIR AGENTS

COMMON PROVISIONS

PERSON IN AUTHORITY: In applying the provisions of the preceding and other articles of the Revised Penal Code, any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board, or commission, shall be deemed a person in authority. A barrio captain and a barangay chairman shall also be deemed a person in authority. (Article 152, Ibid.)

AGENT OF A PERSON IN AUTHORITY: A person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, such as a barrio councilman, barrio policeman and barangay leader and any person who comes to the aid of persons in authority, shall be deemed an agent of a person in authority. (Paragraph 2, Article 152, Ibid.)

TEACHERS, PROFESSORS, LAWYERS IN ACTUAL PERFORMANCE OF DUTIES: In applying the provisions of Articles 148 and 151 of this Code, teachers, professors and persons charged with the supervision of public or duly recognized private schools, colleges and universities, and lawyers in the actual performance of their professional duties or on the occasion of such performance, shall be deemed persons in authority.

17. Direct Assaults

a. CONCEPT

Art. 148. Direct assaults – Any persons who, without a public uprising, shall employ force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition, or shall attack, employ force, or seriously intimidate or resist any person in authority of any of his agents, while engaged in the performance of official duties, or on occasion of such performance, shall suffer the penalty of prisión correccional in its medium and maximum periods and a fine not exceeding Two hundred thousand pesos (₱200,000), when the assault is committed with a weapon or when the offender is a public officer or employee, or when the offender lays hands upon a person in authority. If none of these circumstances be present, the penalty of prisión correccional in its minimum period and a fine not exceeding One hundred thousand pesos (₱100,000) shall be imposed. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender employs force or intimidation for the attainment of any of the purpose enumerated in defining the crimes of rebellion and sedition, or shall attack, employ force, or seriously intimidate or resist any person in authority or any of his agents, while engaged in the performance of official duties, or on occasion of such performance; and,

2) He commits such acts without a public uprising.

Direct assault is committed by any person or persons who, without a public uprising shall attack, employ force, or seriously intimidate or resist any person in authority or any of his agents, while engaged in the performance of official duties or on occasion of such performance. (People v. Balbar, En Banc, G.R. No. L-20216 and L-20217, 29 November 1987)

b. THE 2 MODES OF DIRECT ASSAULT

There are 2 ways to commit direct assault:

1) By any person or persons who, without a public uprising, shall employ force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition; or,

2) By any person or persons who, without a public uprising, shall attack, employ force, or seriously intimidate or resist any person in authority or any of his agents, while engaged in the performance of official duties, or on occasion of such performance. (Guelos v. People, G.R. No. 177000, 19 June 2017)

The first mode is tantamount to rebellion or sedition, without the element of public uprising. (People v. Recto, En Banc, G.R. No. 129069, 17 October 2001)

The second mode is the more common form of assault and is aggravated when: (a) the assault is committed with a weapon; or (b) when the offender is a public officer or employee; or (c) when the offender lays hand upon a person in authority. (De Guzman v. People, G.R. No. 138553, 30 June 2005)

1) Elements for direct assault – tantamount to rebellion and sedition

The following elements must be present, to wit:

1) That the offender employs force or intimidation;

2) That the purpose is for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition;

3) That there is no public uprising. (People v. Recto, supra.)

2) Elements for direct assault – on persons in authority engaged in performance of official duties or on occasion thereof

The following elements must be present, to wit:

1) That the offender (a) makes an attack, (b) employs force, (c) makes a serious intimidation, or (d) makes a serious resistance;

2) That the person assaulted is a person in authority or his agent;

3) That at the time of the assault, the person in authority or his agent (a) is engaged in the actual performance of official duties, or that he is assaulted by reason of the past performance of official duties; and,

4) That the offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties.

5) That there is no public uprising. (Gelig v. People, G.R. No. 173150, 28 July 2010)

a) Accused must have knowledge that person attacked is a person in authority

It is essential that the accused must have knowledge that the person attacked was a person in authority or his agent in the exercise of his duties, because the accused must have the intention to offend, injure, or assault the offended party as a person in authority or agent of a person in authority. (People v. Rodil, G.R. No. L-35156, 20 November 1981)

Case Law

1) In Gelig v. People, on the day of the commission of the assault, Gemma (a public schoolteacher) was engaged in the performance of her official duties, that is, she was busy with paperwork while supervising and looking after the needs of pupils who are taking their recess in the classroom to which she was assigned. Lydia was already angry when she entered the classroom and accused Gemma of calling her son a “sissy”. Lydia refused to be pacified despite the efforts of Gemma and instead initiated a verbal abuse that enraged the victim. Gemma then proceeded towards the principal’s office but Lydia followed and resorted to the use of force by slapping and pushing her against a wall divider. The violent act resulted in Gemma’s fall to the floor. (Supra.)

2) In People v. Balbar, the accused entered a classroom and placed his arms around and kissed the eye of the victim (a schoolteacher) who just finished writing on the blackboard. After the victim pushed back and run, she was pursued and caught by the accused who carried a “daga” (a local dagger). The accused embraced her holding the weapon and they fall on the for resulting in slight physical injuries. In overturning the trial court’s dismissal of the charge of direct assault on the ground that there were no allegations on the Information showing the accused knew that the victim was a person in authority, the Supreme Court held that “the information sufficiently alleges that the accused knew that fact, since she was in her classroom and engaged in the performance of her duties. He therefore knew that she was a person in authority, as she was so by specific provision of law. It matters not that such knowledge on his part is not expressly alleged, complainant’s status as a person in authority being a matter of law and not of fact, ignorance whereof could not excuse non-compliance on his part (Article 3, Civil Code).” (Supra.)

c. PERSONS IN AUTHORITY

In direct assaults, the victim is a person in authority or his agent, and the attack, employment of force or intimidation is committed on the occasion of the performance of official duties or by reason of such performance of official duties or by reason of such performance. (Villanueva v. Ortiz, G.R. No. L-15344, 30 May 1960)

By express provision of law (Com. Act No. 578, now part of Article 152 of the Revised Penal Code, as amended by Republic Act No. 1978), “teachers, professors, and persons charged with the supervision of public or duly recognized private schools, colleges and universities shall be deemed persons in authority, in applying the provisions of Article 148.” This special classification is obviously intended to give teachers protection, dignity, and respect while in the performance of their official duties. (People v. Balbar, En Banc, G.R. No. L-20216 and L-20217, 29 November 1987)

1) Failure to allegae in Information, not defective

Failure to expressly alleged in the information that the accused had knowledge that the person attacked was a person in authority does not render the information defective so long as there are facts alleged therein from which it can be implied that the accused knew that the person attacked was a person in authority. (People v. Rodil, G.R. No. L-35156, 20 November 1981)

Case Law

1) In People v. Balbar, Complainant was a teacher. The information sufficiently alleges that the accused knew that fact, since she was in her classroom and engaged in the performance of her duties. He therefore knew that she was a person in authority, as she was so by specific provision of law. It matters not that such knowledge on his part is not expressly alleged, complainant’s status as a person in authority being a matter of law and not of fact, ignorance whereof could not excuse non-compliance on his part (Article 3, Civil Code). This article applies to all kinds of domestic laws, whether civil or penal (De Luna vs. Linatoc, 74 Phil. 15) and whether substantive or remedial (Zulueta vs. Zulueta, 1 Phil. 254) for reasons of expediency, policy and necessity. (People v. Balbar, En Banc, G.R. No. L-20216 and L-20217, 29 November 1987)

a) Remedy is to re-file a valid Information

The fiscal’s proper course of action is not a petition for review on certiorari but the refiling of a valid information against the accused. (People v. Rodil, G.R. No. L-35156, 20 November 1981)

D. WHEN A COMPLEX CRIME

When the assault results in the killing of that agent or of a person in authority for that matter, there arises the complex crime of direct assault with murder or homicide. (People v. Abalos, G.R. No. 88189, 09 July 1996)

Case Law

Considering that Antonio Macalipay was a kagawad who was in the actual performance of his duties when he was shot, the attack on him constituted direct assault… Applying the provisions of Articles 148 (direct assault), 249 (homicide) and 48 (penalty for complex crimes), appellant should be held liable for the complex crime of qualified direct assault with homicide. The penalty to be imposed on him should be for homicide, which is the more serious crime, to be imposed in the maximum period. This penalty shall comprise the maximum of his indeterminate sentence, and the minimum shall be within the range of the penalty next lower than that prescribed for homicide. (People v. Recto, En Banc, G.R. No. 129069, 17 October 2001)

18. Indirect assaults

a. CONCEPT

Art. 149. Indirect assaults – The penalty of prisión correccional in its minimum and medium periods and a fine not exceeding One hundred thousand (₱100,000) shall be imposed upon any person who shall make use of force or intimidation upon any person coming to the aid of the authorities or their agents on occasion of the commission of any of the crimes defined in the next preceding article. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender makes use of force or intimidation;

2) Such acts are done upon any person coming to the aid of the authorities or their agents on occasion of the commission of any of the crimes defined under direct assault.

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

a. CONCEPT

Art. 150. Disobedience to summons issued by Congress, its committees or subcommittees, by the Constitutional Commissions, its committees, subcommittees or divisions – The penalty of arresto mayor or a fine ranging from Forty thousand pesos (₱40,000) to Two hundred thousand pesos (₱200,000), or both such fine and imprisonment, shall be imposed upon any person who, having been duly summoned to attend as a witness before Congress, its special or standing committees and subcommittees, the Constitutional Commissions and its committees, subcommittees, or divisions, or before any commission or committee chairman or member authorized to summon witnesses, refuses, without legal excuse to obey such summons, or being present before any such legislative or constitutional body or official, refuses to be sworn or placed under affirmation or 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. The same penalty shall be imposed upon any person who shall induce disobedience to summons or refusal to be sworn by any such body or official. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1st Mode

1) The offender has been duly summoned to attend as a witness before the National Assembly, (Congress), its special or standing committees and subcommittees, the Constitutional Commissions and its committees, subcommittees, or divisions, or before any commission or committee chairman or member authorized to summon witnesses; and,

2) He refuses, without legal excuse, to obey such summons, or being present before any such legislative or constitutional body or official, refuses to be sworn or placed under affirmation or 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.

2nd Mode

1) A person other than the offender has been duly summoned to attend as a witness before the National Assembly, (Congress), its special or standing committees and subcommittees, the Constitutional Commissions and its committees, subcommittees, or divisions, or before any commission or committee chairman or member authorized to summon witnesses; and,

2) The offender restrains the other person from attending as a witness, or the offender shall induce disobedience to a summon or refusal to be sworn by any such body or official.

20. Resistance and disobedience to a person in authority or the agents of such person

a. CONCEPT

Art. 151. Resistance and disobedience to a person in authority or the agents of such person – The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (₱100,000) shall be imposed upon any person who not being included in the provisions of the preceding articles shall resist or seriously disobey any person in authority, or the agents of such person, while engaged in the performance of official duties.

When the disobedience to an agent of a person in authority is not of a serious nature, the penalty of arresto menor or a fine ranging from Two thousand pesos (₱2,000) to Twenty thousand pesos (₱20,000) shall be imposed upon the offender. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is not included in the provisions of the preceding articles – i.e. direct, indirect assault, disobedience to summons issued by the legislature and Constitutional Commissions; and,

2) He shall resist or seriously disobey any person in authority, or the agents of such person, while engaged in the performance of official duties. (Article 151, Ibid.)

CHAPTER 5: PUBLIC DISORDERS

21. Tumults and other disturbance of public orders; Tumultuous disturbance or interruption liable to cause disturbance

a. CONCEPT

Art. 153. Tumults and other disturbances of public order; Tumultuous disturbance or interruption liable to cause disturbance – The penalty of arresto mayor in its medium period to prisión correccional in its minimum period and a fine not exceeding Two hundred thousand pesos (₱200,000) shall be imposed upon any person who shall cause any serious disturbance in a public place, office, or establishment, or shall interrupt or disturb public performances, functions or gatherings, or peaceful meetings, if the act is not included in the provisions of Article 131 and 132.

The penalty next higher in degree shall be imposed upon persons causing any disturbance or interruption of a tumultuous character.

The disturbance or interruption shall be deemed to be tumultuous if caused by more three (3) persons who are armed or provided with means of violence.

The penalty of arresto mayor shall be imposed upon any person who in any meeting, association, or public place, shall make any outcry tending to incite rebellion or sedition or in such place shall display placards or emblems which provoke a disturbance of the public order.

The penalty of arresto mayor and a fine not to exceed Forty thousand pesos (₱40,000) shall be imposed upon these person who in violation of the provisions contained in the last clause of Article 85, shall bury with pomp the body of a person who has been legally executed. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1st Mode

1) The offender causes any serious disturbance in a public place, office, or establishment, or shall interrupt or disturb public performances, functions or gatherings, or peaceful meetings; and,

2) Such acts are not included in the provisions of Articles 131 and 132.

2nd Mode

1) The offender causes any serious disturbance in a public place, office, or establishment, or shall interrupt or disturb public performances, functions or gatherings, or peaceful meetings – of a tumultuous character; and,

2) Such acts are not included in the provisions of Articles 131 and 132.

3rd Mode

1) The offender is in any meeting, association, or public place; and,

1) The offender makes any outcry tending to incite rebellion or sedition or in such place shall display placards or emblems which provoke a disturbance of the public order.

4th Moode

1) The offender buries with pomp the body of a person who has been legally executed; and,

2) Such acts are in violation of the provisions contained in the last clause of Article 85 of the Revised Penal Code.

WHEN A TUMULTOUS DISTURBUANCE OR INTERRUPTION: 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. (Paragraph 3, Article 153, Ibid.)

22. Unlawful use of means of publication and unlawful utterances

a. CONCEPT

Art. 154. Unlawful use of means of publication and unlawful utterances. – The penalty of arresto mayor and a fine ranging from Forty thousand pesos (₱40,000) to Two hundred thousand pesos (₱200,000) shall be imposed upon:

1. Any person who by means of printing, lithography, or any other means of publication shall publish or cause to be published as news any false news which may endanger the public order, or cause damage to the interest or credit of the State;

2. Any person who by the same means, or by words, utterances or speeches shall encourage disobedience to the law or to the constituted authorities or praise, justify, or extol an, act punished by law;

3. Any person who shall maliciously publish or cause to be published any official resolution or document without proper authority or before they have been published officially; or

4. Any person who shall print, publish, or distribute or cause to be printed, published, or distributed books, pamphlets, periodicals, or leaflets which do not bear the real printer’s name, or which are classified as anonymous. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender commits any of the following:

a) Any person who by means of printing, lithography, or any other means of publication shall publish or cause to be published as news any false news which may endanger the public order, or cause damage to the interest or credit of the State;

2) Any person who by the same means, or by words, utterances or speeches shall encourage disobedience to the law or to the constituted authorities or praise, justify, or extol any act punished by law;

3) Any person who shall maliciously publish or cause to be published any official resolution or document without proper authority, or before they have been published officially; or,

4) Any person who shall print, publish, or distribute or cause to be printed, published, or distributed books, pamphlets, periodicals, or leaflets which do not bear the real printer’s name, or which are classified as anonymous. (Article 154, Ibid.)

23. Alarms and scandals

a. CONCEPT

Art. 155. Alarms and scandals.— The penalty of arresto menor or a fine not exceeding Forty thousand pesos (₱40,000) shall be imposed upon:

1. Any person who within any town or public place, shall discharge any firearm, rocket, firecracker, or other explosives calculated to cause alarm or danger;

2. Any person who shall instigate or take an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility;

3. Any person who, while wandering about at night or while engaged in any other nocturnal amusements, shall disturb the public peace; or

4. Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public places: Provided, That the circumstances of the case shall not make the provisions of Article 153 applicable. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender commits any of the following:

a) Any person who within any town or public place, shall discharge any firearm, rocket, firecracker, or other explosives calculated to cause alarm or danger;

b) Any person who shall instigate or take an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility;

c) Any person who, while wandering about at night or while engaged in any other nocturnal amusements, shall disturb the public peace; or

d) Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public places, provided that the circumstances of the case shall not make the provisions of Article 153 applicable.

24. Delivery of prisoners from jails

a. CONCEPT

Article 156. Delivery of prisoners from jails. – The penalty of arresto mayor in its maximum period of prision correccional in its minimum period shall be imposed upon any person who shall remove from any jail or penal establishment any person confined therein or shall help the escape of such person, by means of violence, intimidation, or bribery. If other means are used, the penalty of arresto mayor shall be imposed.

If the escape of the prisoner shall take place outside of said establishments by taking the guards by surprise, the same penalties shall be imposed in their minimum period. (Act No. 3815, Revised Penal Code)

If the escape of the prisoner shall take place outside of said establishments by taking the guards by surprise, the same penalties shall be imposed in their minimum period. (Paragraph 2, Article 156, Ibid.)

BREAKDOWN:

1) The offender removes from any jail or penal establishment any person confined therein or shall help the escape of such person;

2) Such act is committed by means of violence, intimidation, or bribery.

CHAPTER 6: EVASION OF SERVICE OF SENTENCE

25. Evasion of service of sentence

a. CONCEPT

Article 157. Evasion of service of sentence. – The penalty of prision correccional in its medium and maximum periods shall be imposed upon any convict who shall evade service of his sentence by escaping during the term of his imprisonment by reason of final judgment.

However, if such evasion or escape shall have taken place by means of unlawful entry, by breaking doors, windows, gates, walls, roofs, or floors, or by using picklocks, false keys, deceit, violence or intimidation, or through connivance with other convicts or employees of the penal institution, the penalty shall be prision correccional in its maximum period. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a convict; and,

2) He evades service of his sentence by escaping during the term of his imprisonment by reason of final judgment.

26. Evasion of service of sentence on the occasion of disorder, conflagrations, earthquakes, or other calamities

a. CONCEPT

Article 158. Evasion of service of sentence on the occasion of disorder, conflagrations, earthquakes, or other calamities. – A convict who shall evade the service of his sentence, by leaving the penal institution where he shall have been confined, on the occasion of disorder resulting from a conflagration, earthquake, explosion, or similar catastrophe, or during a mutiny in which he has not participated, shall suffer an increase of one-fifth of the time still remaining to be served under the original sentence, which in no case shall exceed six months, if he shall fail to give himself up to the authorities within forty-eight hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity.

Convicts who, under the circumstances mentioned in the preceding paragraph, shall give themselves up to the authorities within the above mentioned period of 48 hours, shall be entitled to the deduction provided in Article 98. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a convict;

2) He evades the service of his sentence, by leaving the penal institution where he shall have been confined, on the occasion of disorder resulting from a conflagration, earthquake, explosion, or similar catastrophe, or during a mutiny in which he has not participated; and,

3) He fails to give himself up to the authorities within forty-eight hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity. (Article 158, Ibid.)

BENEFIT: Convicts who, under the circumstances mentioned, shall give themselves up to the authorities within the above mentioned period of 48 hours, shall be entitled to the deduction provided in Article 98. (Paragraph 2, Article 158, Ibid.)

27. Other cases of evasion of service of sentence

a. CONCEPT

Article 159. Other cases of evasion of service of sentence. – The penalty of prision correccional in its minimum period shall be imposed upon the convict who, having been granted conditional pardon by the Chief Executive, shall violate any of the conditions of such pardon. However, if the penalty remitted by the granting of such pardon be higher than six years, the convict shall then suffer the unexpired portion of his original sentence. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a convict;

2) He has been granted conditional pardon by the Chief Executive; and

3) He violates any of the conditions of such pardon.

CHAPTER 7: COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE

28. Commission of another crime during service of penalty imposed for another offense

a. CONCEPT

Article 160. Commission of another crime during service of penalty imposed for another offense; Penalty. – Besides the provisions of Rule 5 of Article 62, any person who shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same, shall be punished by the maximum period of the penalty prescribed by law for the new felony.

Any convict of the class referred to in this article, who is not a habitual criminal, shall be pardoned at the age of seventy years if he shall have already served out his original sentence, or when he shall complete it after reaching the said age, unless by reason of his conduct or other circumstances he shall not be worthy of such clemency. (Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender has previous been convicted by final judgment; and,

2) He shall commit another felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same.

NB: The penalty is besides the provisions of Rule 5 of Article 62 (i.e. effect of aggravating circumstances and habitual delinquency).

b. PARDON BY 70 YEARS OLD

GENERAL RULE: Any convict of the class referred to in Article 160 of the revised Penal Code (i.e. commission of another crime during service of penalty imposed for another offense), who is not a habitual criminal, shall be pardoned at the age of seventy years if he shall have already served out his original sentence, or when he shall complete it after reaching the said age. (Paragraph 2, Article 160, Ibid.)

EXCEPTION: … unless by reason of his conduct or other circumstances he shall not be worthy of such clemency. (Ibid.)

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