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TITLE TWO:CRIMES AGAINST THE FUNDAMENTAL

LAWS OF THE STATE

1. Arbitrary detention (124)2. Delay in the delivery of detained

persons to the proper judicial authorities(125)

3. Delaying release (12)4. !"pulsion (12#)5. $iolation of do%icile (12&). 'earch arrants %aliciously obtained

and abuse in the service of those legallyobtained (12)

#. 'earching do%icile ithout itness(13*)

&. +rohibition, interruption, and dissolutionof peaceful %eetings (131)

. -nterruption of religious orship (132)1*. ffending of religious feelings (133)

124. ARBITRARY DETENTION!le%ents/

1. ffender 0 public officer ore%ployee

2. ffender 0 detains a person3. Detention 0 ithout legal grounds

+ublic officers liable 0 %ust be vested ithauthority to detain or order the detention ofpersons accused of a cri%e i.e. police%en,

 judges, %ayor. here is detention hen he is placed in a

confine%ent or there is a restraint on his person 0 even if hr could %ove freely, as long as hecould not escape for fear of being apprehendedagain.egal grounds for the detention of a person/

1. o%%ission of a cri%e2. $iolent insanity or other ail%ent

re6uiring co%pulsory confine%ent of the patient in a hospital.

Arrest ithout arrant us the usual cause ofarbitrary detention.

7arrantless arrest/

1. 7hen in the presence of a peace officeror a private person, the person to bearrested has co%%itted, is actuallyco%%itting, or is atte%pting to co%%itan offense

2. 7hen an offense has in fact just beenco%%itted, and he has probable causeto believe based on personal 8noledge

of facts and circu%stances that theperson to be arrested has co%%itted it

3. 7hen the person to be arrested is aprisoner ho has escaped fro% a penalestablish%ent or place here he isserving final judg%ent or te%porarilyconfined hile his case is pending, orhas escaped hile being transferredfro% one confine%ent to another.

-t can be co%%itted thru i%prudence.

125. DELAY IN THE DELIVERY OF DETAINEDPERSONS TO THE PROPER JUDICIALAUTHORITIES!le%ents/

1. ffender 0 public officer or e%ployee2. ffender 0 detained a person for so%e

legal grounds3. ffender 0 fails to deliver person to

proper judicial authorities ithin/12 hours 0 offenses of light penalty1& hours 0 offenses of correctional

penalty3 hours 0 offenses of afflictive or

capital penalty

Applies only to legal arrantless arrest 0 if thearrest as %ade ith arrant, the personarrested can be detained indefinitely until hiscase is decided by the court or he posts a bail

for te%porary release. 9eason for provision 0 it is intended toprevent any abuse resulting fro% confining aperson ithout infor%ing hi% of his offense andithout per%itting hi% to go on bail.

126. DELAYING RELEASE!le%ents/

1. ffender 0 public officer or e%ployee2. here is a 0

(a) judicial:e"ecutive order forprisoner;s release

(b) proceeding upon a petition for

prisoner;s liberation3. ffender, ithout good reason, delays 0(a) service of the notice of such

order to the prisoner (b) perfor%ance of such

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7ardens and jailers are the public officers%ost li8ely to violate article 12.

127. EPULSION!le%ents/

1. ffender 0 public officer ore%ployee

2. ffender 0 e"pels any person fro%the +hilippines or co%pels a personto change residence

3. ffender 0 not authori=ed by la todo so.

nly the court by a final judg%ent can order aperson to change his residence. his can be byeject%ent proceedings, e"propriationproceedings, and the penalty of destierro.

12!. VIOLATION OF DOMICILE!le%ents/

1. ffender 0 public officer or e%ployee2. ffender 0 not authori=ed by judicial

order to enter the delling and:or to%a8e a search therein for papers andother effects

3. Does any of the folloing acts/a. entered a delling against the

ill of the oner thereofb. searched papers or other effects

found therein ithout previousconsent of such oner

c. refused to leave the pre%isesafter having surreptitiously(secretly) entered said dellingand having been re6uired toleave the sa%e.

Against the ill of the oner 0- there should be ++'--> or

+9?-@-->, e"pressed ori%plied

- no cri%e co%%itted if entrance is

%erely ithout consent of theoner. not being authori=ed by judicial order 

- public officer has no search arrant ualifying circu%stances/

1. nightti%e2. papers:effects not constituting evidence

of a cri%e are not returned i%%ediatelyafter the search %ade by the offender 

12". SEARCH WARRANTS MALICIOUSLYOBTAINED AND ABUSE IN THE SERVICE OFTHOSE LEGALLY OBTAINED

+rocuring a search arrant ithout just cause!le%ents/

1. ffender 0 public officer ore%ployee

2. ffender 0 procures a searcharrant

3. here is no just cause

+roperties to be sei=ed/1. 'ubject of the offense2. 'tolen or e%be==led and other

proceeds or fruits of the offense3. Bsed or intended to be used as the

%eans of co%%itting an offense

9e6uisites for issuing search arrant/1. +robable cause 0 connected ith one

specific offense, deter%ined personallyby the judge after e"a%ination underoath or affir%ation of the co%plainantand the itnesses he %ay produce

2. +articularly describing the place to besearched or the person of place to besei=ed, hich %ay be anyhere in the

+hilippines

A search arrant shall be valid for 1* daysfro% its date. hereafter, it shall be void. +robable cause 0 facts and circu%stanceshich ould lead a reasonably discreet andprudent %an to believe that an offense has beenco%%itted, and that the object sought inconnection ith the offense are in the placesought to be searched. +eace officers %ay enter the house of anoffender ho co%%itted an offense in theirpresence.

!"ceeding authority or using unnecessaryseverity in e"ecuting a search arrant legallyprocured!le%ents/

1. ffender 0 public officer or e%ployee2. ?e has legally procured a search

arrant3. ?e e"ceeds his authority or uses

unnecessary severity in using the sa%e.

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1#$. SEARCHING DOMICILE WITHOUTWITNESSES!le%ents/

1. ffender 0 public officer or e%ployee2. ffender 0 ar%ed ith search arrant

legally procured3. ffender 0 searches the do%icile,

papers or other belongings of anyperson

4. ner or any %e%ber of his fa%ily orto itnesses residing in the sa%elocality are not present

1#1. PROHIBITION% INTERRUPTION% ANDDISSOLUTION OF PEACEFUL MEETINGS

!le%ents/1. ffender 0 public officer or e%ployee2. o%%its any of the folloing/

a.+rohibiting or interrupting, ithoutlegal ground, the holding of apeaceful %eeting, or by dissolvingthe sa%e

b.?indering any person fro% joiningany laful association or fro%attending any of its %eetings

c.+rohibiting or hindering any personfro% addressing, either alone ortogether ith others, any petition to

the authorities for the correction ofabuses or redress of grievances.

lear and present danger 0 to justifysuppression of free speech, there %ust bereasonable ground to believe that the dangerapprehended is -CC->!> and that the evil tobe prevented is a serious one. he offender should be a stranger, and not aparticipant of the peaceful %eeting.

AN ACT ENSURING THE FREE EERCISE BY

THE PEOPLE OF THEIR RIGHT PEACEABLYTO ASSEMBLE AND PETITION THE

GOVERNMENT FOR OTHER PURPOSES 

S&'()*+ 1. Title  his Act shall be 8non asEhe +ublic Asse%bly Act of 1&5.E

S&'()*+ 2. Declaration of policy   heconstitutional right of the people peaceably toasse%ble and petition the govern%ent forredress of grievances is essential and vital to thestrength and stability of the 'tate. o this end,the 'tate shall ensure the free e"ercise of suchright ithout prejudice to the rights of others tolife, liberty and e6ual protection of the la.

S&'()*+ #. Definition of terms  For purposes ofthis Act/

(a) E+ublic asse%blyE %eans any , ally,-e%onstration, arch, /arade, /rocession or any *ther for% of %ass or concerted action held in a /0)' /3'& for the /0,/*& * /,&&+()+ 3 30'30& or &8/,&)+ 3+ */)+)*+ (*(9& &+&,3 /0)' on any particular

issue or /,*(&()+ *, )+0&+')+ 3+(3(& * 33), hether political,econo%ic or social or /&()()*+)+ (9&*;&,+&+( *, ,&-,& *,)&;3+'&.

he processions, rallies, parades,de%onstrations, public %eetings andasse%blages for religious purposesshall be governed by local ordinances/+rovided, hoever, hat the declarationof policy as provided in 'ection 2 of this

 Act shall be faithfully observed.

he -&)+)()*+ herein contained shall+*( )+'0-& /)'

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(d) ECodification of per%itE shall includethe change of the place and ti%e of thepublic asse%bly, rerouting of the paradeor street %arch, the volu%e of loudspea8ers or sound syste% and si%ilarchanges.

S&'()*+ 4. Permit when required and when notrequired   A ,)((&+ /&,)( shall be ,&>0),&- for any person or persons to organi=e and hold a/0)' 3& )+ 3 /0)' /3'&. ?oever,+* /&,)( shall be re6uired if the /0)'3& shall be d*+& *, 3-& )+ 3 ,&&-*/3,< -0 &(3)9&- 3 *, *,-)+3+'& *,)+ /,);3(& /,*/&,(, in hich case only theconsent of the oner or the one entitled to itslegal possession is re6uired, *, )+ (9& '3/0* 3 *;&,+&+(?*+&- 3+- */&,3(&-&-0'3()*+3 )+()(0()*+ hich shall be subjectto the rules and regulations of said educationalinstitution. P*)()'3 &&()+ *, ,3)& 9&--0,)+ 3+ &&'()*+ '3/3)+ /&,)*- 3/,*;)-&- *, 3 3,& +*( '*;&,&- (9)A'(.

S&'()*+ 5.  Application requirements  Allapplications for a per%it shall co%ply ith thefolloing guidelines/

(a) he 3//)'3()*+ 93 & )+,)()+ and shall include the na%es ofthe leaders or organi=ers the purpose

of such public asse%bly the date, ti%eand duration thereof, and place orstreets to be used for the intendedactivity and the probable nu%ber ofpersons participating, the transport andthe public address syste%s to be used.

(b) he application shall incorporate theduty and responsibility of applicantunder 'ection & hereof.

(c) he application shall & )&- )(9(9& *)'& * (9& 3*, * (9& ')( *,

0+)')/3)( )+ 9*& @0,)-)'()*+ (9&)+(&+-&- 3'();)( ) (* & 9&-% 3( &3();& 5 *,

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3&. >o appeal bond and record onappeal shall be re6uired. A decisiongranting such per%it or %odifying it inter%s satisfactory to the applicant shall,be i%%ediately e"ecutory.

(g) All '3& )&- )+ '*0,( under this'ection 93 & -&')-&- )(9)+(&+(?*0, 24 9*0, ,* -3(& *))+. ases filed hereunder shall bei%%ediately endorsed to the e"ecutive

 judge for disposition or, in his absence,to the ne"t in ran8.

(h) -n all cases, any decision %ay beappealed to the 'upre%e ourt.

(i) elegraphic appeals to be folloed byfor%al appeals are hereby alloed.

S&'()*+ 7. Use of public thoroughfare  'houldthe proposed public asse%bly involve the use,for an appreciable length of ti%e, of any publichighay, boulevard, avenue, road or street, the%ayor or any official acting in his behalf %ay, toprevent grave public inconvenience, designatethe route thereof hich is convenient to theparticipants or reroute the vehicular traffic toanother direction so that there ill be no seriousor undue interference ith the free f lo ofco%%erce and trade.

S&'()*+ !. Responsibility of applicant   -t shallbe the duty and responsibility of the leaders andorgani=ers of a public asse%bly to ta8e allreasonable %easures and steps to the end thatthe intended public asse%bly shall be conductedpeacefully in accordance ith the ter%s of theper%it. hese shall include but not be li%ited tothe folloing/

(a) o infor% the participants of theirresponsibility under the per%it

(b) o police the ran8s of the

de%onstrators in order to prevent nonde%onstrators fro% disrupting the lafulactivities of the public asse%bly

(c) o confer ith local govern%entofficials concerned and la enforcers tothe end that the public asse%bly %ay beheld peacefully

(d) o see to it that the public asse%blyunderta8en shall not go beyond the ti%estated in the per%it and

(e) o ta8e positive steps thatde%onstrators do not %olest any person

or do any act unduly interfering ith therights of other persons not participatingin the public asse%bly.

S&'()*+ ". Non-interference by law enforcement authorities  L3 &+*,'&&+( 3&+')& 93+*( )+(&,&,& )(9 (9& 9*-)+ * 3 /0)'3&. ?oever, to ade6uately ensurepublic safety, a la enforce%ent contingentunder the co%%and of a responsible policeofficer 3 & -&(3)&- 3+- (3()*+&- )+ 3/3'& 3( &3( *+& 90+-,&- 1$$ &(&, 33,* (9& 3,&3 * 3'();)( ,&3- (* 3)+(3)+

/&3'& 3+- *,-&, 3( 3 ()&.

S&'()*+ 1$. Police assistance when requested  -t shall be i%perative for la enforce%entagencies, hen their assistance is re6uested bythe leaders or organi=ers, to perfor% their dutiesalays %indful that their responsibility to provideproper protection to those e"ercising their rightpeaceably to asse%ble and the freedo% ofe"pression is pri%ordial. oards this end, laenforce%ent agencies shall observe thefolloing guidelines/

(a) Ce%bers of the la enforce%entcontingent ho deal ith thede%onstrators shall be in co%pleteunifor% ith their na%eplates and unitsto hich they belong displayedpro%inently on the front and dorsal partsof their unifor% and %ust observe thepolicy of E%a"i%u% toleranceE as hereindefined

(b) he %e%bers of the laenforce%ent contingent shall not carryany 8ind of firear%s but %ay be

e6uipped ith baton or riot stic8s,shields, crash hel%ets ith visor, gas%as8s, boots or an8le high shoes ithshin guards

(c) ear gas, s%o8e grenades, atercannons, or any si%ilar antiriot deviceshall not be used unless the publicasse%bly is attended by actual violence

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or serious threats of violence, ordeliberate destruction of property.

S&'()*+ 11. Dispersal of public assembly with permit   N* /0)' 3& )(9 3 /&,)(93 & -)/&,&-. H*&;&, , hen an

3& &'*& ;)*&+(% (9& /*)'& 3-)/&,& 0'9 /0)' 3& 3 **:

(a) At the first )+ * )/&+-)+;)*&+'&, the ran8ing officer of the laenforce%ent contingent shall '3 (9&3((&+()*+ * (9& &3-&, * (9& /0)'3& 3+- 3< (9& 3((&, (*/,&;&+( 3+ /*)& -)(0,3+'&

(b) -f 3'(03 ;)*&+'& (3,( (* 3 /*)+(9&,& ,*'

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3 the %alicious burning of anyobject in the streets orthoroughfares

4. the carrying of firear%s by%e%bers of the la

enforce%ent unit

5. the interfering ith orintentionally disturbing theholding of a public asse%bly bythe use of a %otor vehicle, itshorns and loud sound syste%s.

S&'()*+ 14. Penalties  Any person found guiltyand convicted of any of the prohibited actsdefined in the i%%ediately preceding 'ectionshall be punished as follos/

(a) violation of subparagraph (a) shall bepunished by i%prison%ent of one %onthand one day to si" %onths

(b) violations of subparagraphs (b), (c),(d), (e), (f), and ite% 4, subparagraph (g)shall be punished by i%prison%ent ofsi" %onths and one day to si" years

(c) violation of ite% 1, subparagraph (g)shall be punished by i%prison%ent ofsi" %onths and one day to si" yearsithout prejudice to prosecution under

+residential Decree >o. 1&

(d) violations of ite% 2, ite% 3, or ite% 5of subparagraph (g) shall be punishedby i%prison%ent of one day to thirtydays.

S&'()*+ 15. reedom parks  !very city and%unicipality in the country shall ithin si"%onths after the effectivity of this Act establishor designate at least one suitable Efreedo% par8Eor %all in their respective jurisdictions hich, asfar as practicable, shall be centrally locatedithin the poblacion here de%onstrations and%eetings %ay be held at any ti%e ithout theneed of any prior per%it.

-n the cities and %unicipalities of CetropolitanCanila, the respective %ayors shall establish thefreedo% par8s ithin the period of si" %onthsfro% the effectivity of this Act.

S&'()*+ 16. !onstitutionality   'hould anyprovision of this Act be declared invalid orunconstitutional, the validity or constitutionalityof the other provisions shall not be affectedthereby.

S&'()*+ 17. Repealing clause  All las,decrees, letters of instructions, resolutions,orders, ordinances or parts thereof hich areinconsistent ith the provisions of this Act arehereby repealed, a%ended, or %odifiedaccordingly.

S&'()*+ 1!. "ffecti#ity   his Act shall ta8e effectupon its approval.

 Approved, ctober 22, 1&5.

1#2. INTERRUPTION OF RELIGIOUSWORSHIP

!le%ents/1. ffender 0 public officer or e%ployee2. 9eligious cere%onies or %anifestations

of any religion are about to ta8e place or going on

3. ffender 0 prevents or disturbs thesa%e

9eligious acts perfor%ed anyhere ualified if co%%itted ith violence or threats

1##. OFFENDING OF RELIGIOUS FEELINGS!le%ents/

1. ffender 0 anyone2. Act co%plained is perfor%ed 0 (a) in a

place devoted to religious orship, or(b) during the celebration of anyreligious cere%ony

3. Act %ust be notoriously offensive to thefeelings of the faithful

here %ust be deliberate intent to hurt thefeelings of the faithful ffense to feelings is judged fro% theco%plainant;s pointofvie the Greligious cere%onyH need not becelebrated in a place of orshipreligious cere%onies those religious acts perfor%ed outside of a church, such as processionsand special prayers for burying dead persons

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$-A->' -> >'-B->/1. Arts. 124, 125, and 12 'ec. 1, Art. 3/

9ight to liberty2. Art. 12# 'ec. , Art. 3/ iberty of abode3. Arts. 12&, 12, and 13* 'ec. 2, Art. 3/

9ight against unreasonable searchesand sei=ures

4. Art. 131 'ec. 4, Art. 3/ Freedo% ofspeech, e"pression, and press,asse%bly and redress of grievances

5. Arts. 132 and 133 'ec. 5, Art. 3/Freedo% of religion

TITLE THREE:CRIMES AGAINST PUBLIC ORDER

1. 9ebellion or insurrection (134)2. oup d;etat (134A)

3. onspiracy and proposal to co%%itcoup d;etat, rebellion or insurrection(13)

4. Disloyalty of public officers ore%ployees (13#)

5. -nciting to rebellion (13&). 'edition(13)#. onspiracy to co%%it sedition (141)&. -nciting to sedition (142). Acts tending to prevent the %eeting of

ongress and si%ilar bodies (143)1*. Disturbance of proceedings of ongress

or si%ilar bodies (144)

11. $iolation of parlia%entary i%%unity(145)

12. -llegal asse%blies (14)13. -llegal association (14#)14. Direct assaults (14&)15. -ndirect assaults (14)1. Disobedience to su%%ons issued by

ongress, its co%%ittees, etc., by theconstitutional co%%ission, itsco%%ittees, etc. (15*)

1#. 9esistance and disobedience to aperson in authority or the agents of suchperson (151)

1&. u%ults and other disturbances of publicorder (153)1. Bnlaful use of %eans of publication

and unlaful utterances (154)2*. Alar%s and scandals (155)21. Delivering prisoners fro% jails (15)22. !vasion of service of sentence (15#)23. !vasion on occasion of disorders (15&)24. $iolation of conditional pardon (15)

25. o%%ission of another cri%e duringservice of penalty i%posed for anotherprevious offense (1*)

CHAPTER ONEREBELLION% COUP DETAT% SEDITION 3+-

DISLOYALTY

1#4. REBELLION OR INSURRECTION!le%ents/

1. here is (a) public uprising and (b)ta8ing ar%s against the govern%ent.

2. +urpose of uprising or %ove%ent/a. to ,&*;& ,* (9& 3&)3+'&

(* 3)- *;&,+&+( *, )( 3

 0(1) the territory of the

+hilippines or any partthereof or 

(2) any body of land,naval or ar%ed forces or 

b. (* -&/,);& (9& C9)& E8&'0();&*, C*+,&% 9* *,/3,()3 * 3+ * (9&),/*&, *, /,&,*3();&.

9ebellion 0 its object is co%pletely to overthroand supersede the e"isting govern%ent.

-nsurrection 0 a %ove%ent hich see8s %erelyto effect so%e change of %inor i%portance, or toprevent the e"ercise of govern%ental authorityith respect to a particular %atter or subject.

+urpose of the uprising %ust be shon. nature of the cri%e/ a cri%e of the %asses, orof a %utitude -t is not necessary that the purpose of therebellion be acco%plished 0 if they aresuccessful, they get to hold the govern%entthey ill not sue their on selves.

T,&3*+ R&&)*+

evying of ar againstthe govern%ent,perfor%ed to aid theene%y

evying of ar againstthe govern%ent forreasons/ re%ove fro%allegiance togovern%ent anddeprive president andcongress of any oftheir poers

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Cay be co%%itted by%ere adherence toadherence to theene%y giving hi% aidor co%fort

A3 )+;*;&(3 ?! J$!9>C!>ho participates or e"ecutes theco%%ands of others in a coup d;etat

3. Any person > in the govern%entservice ho participates, supports,finances, abets, or aids in underta8ing acoup d;etat.

Cere silence or o%ission is not punishable inrebellion the public officer %ust ta8e active partto be liable >o co%ple" cri%e of rebellion 0 ?ernande=9uling

- ther cri%es co%%itted as a %eansto, or, in furtherance of rebellion areabsorbed in the cri%e.

--f other cri%es ere co%%itted forprivate purpose:profit, ithout anypolitical %otivation, ould beseparately punished and ould notbe absorbed in rebellion.

if the cri%es are co%%itted for privatepurposes or for profit, ithout any political%otivation, the cri%e ould be separatelypunished and ill not be absorbed in therebellion. he cri%e ill be separately punished.

1#6. CONSPIRACY AND PROPOSAL TOCOMMIT COUP DETAT% REBELLION ORINSURRECTION

here is conspiracy to co%%it rebellion hento or %ore persons co%e to an agree%ent torise publicly and ta8e ar%s against thegovern%ent for any purpose of rebellion anddecide to co%%it it.

here is proposal to co%%it rebellion henthe person ho has decided to rise publicly andta8e ar%s against the govern%ent for any of the

purposes of rebellion proposes it e"ecution toso%e other person or persons.

1#7. DISLOYALTY OF PUBLIC OFFICERS OREMPLOYEES!le%ents/

1. ffender 0 public officer ore%ployee

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2. ffender 0 %ust not be inconspiracy ith the rebels

3. Does any of the folloing acts/a. Failing to resist rebellion by

al the %eans in their poerb. ontinuing to discharge the

duties of their offices underthe control of the rebels

c. Accepting appoint%ent tooffice under the%.

offender %ust be a public officer or e%ployee cri%e presupposes the e"istence of rebellionby other persons *&+-&, 0+-&, (9) 3,()'& 0( +*( & )+'*+/),3' )(9 (9& ,&&

1#!. INCITING TO REBELLION OR

INSURRECTION!le%ents/

1. ffender 0 -*& +*( (3'.

the rebellion should not be co%%itted

1#". SEDITION!le%ents/

1. ffenders 0 rise /0)' 3+-(00(0*0

2. ffenders 0 &/* F*,'&%I+())-3()*+% *, *(9&, &3+ *0()-&* &3 &(9*-

#. O@&'(:a. o prevent the pro%ulgation or

e"ecution of any la of theholding of any popular election

b. o prevent the >ationalJovern%ent, or any provincialor %unicipal govern%ent, or anypublic officer thereof fro% freelye"ercising its or his functions, or prevent the e"ecution of anyad%inistrative order

c. o inflict any act of hate orrevenge upon the person orproperty of any public officer ore%ployee

d. o co%%it, for any political orsocial end, any act of hate orrevenge against private personsor any social class and

e. o despoil, for any political orsocial end, any person,%unicipality or province, or the>ational Jovern%ent of all itsproperty or any part thereof.

S&-)()*+ R&&)*+

+ublic uprising 0tu%ultuous

a8ing up of ar%sagainst the

govern%entP0,/*& 3 &/*)()'3 *, *')3

P0,/*& ) 33/*)()'3

o%%on cri%es notabsorbed

o%%on cri%es areabsorbed

+roposal is notpunished

+roposal is punished

bjects 0 raising ofco%%otions ordisturbances in thestate(5 objects of sedition)

bjects/ purpose ofta8ing ar%s againstgovern%ent(re%ove fro%allegiance and deprivee"ec. and legis. of

freely e"ercising theirpoers)

ffended party 0govern%ent, publicofficers or e%ployees,private persons andsocial class

ffended party 0 stateas a hole

sedition cannot be co%%itted by only oneperson

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14$. PERSONS LIABLE

1. he leader of the sedition and2. ther persons participating in the

sedition

141. CONSPIRACY TO COMMIT SEDITION

here %ust be an agree%ent and a decisionto rise publicly and tu%ultuously to attain any ofthe objects of sedition.

+roposal to co%%it sedition is not punishable.

142. INCITING TO SEDITION!le%ents/

1. ffender 0 does not ta8e direct part inthe cri%e of sedition

2. ffender 0 )+')(& others to theacco%plish%ent of any of the acts hichconstitute sedition

3. @y %eans of speeches, procla%ations,ritings, e%ble%s, cartoons, banners,or other representations tending to thesa%e end 0

4. or 0((&, &-)()*0 *,- *, /&&'9&,,)(&% /0)9 *, '),'03(& '0,,)*0

)& against the govern%ent of the+hilippines, or any of the dulyconstituted authorities thereof

a. or hich tend to disturb orobstruct any laful officer ine"ecuting the functions of hisoffice

b. or hich tend to instigate othersto cabal and %eet together forunlaful purposes

c. or hich suggest or inciterebellious conspiracies or riots

d. or hich lead or tend to stir up

the people against unlafulauthorities or to disturb thepeace of the co%%unity, safetyand order of the govern%ent

5. or ho shall 8noingly conceal such evilpractices.

-t is not necessary that the ords used shouldin fact result in a rising of people against the

constituted authorities. -ts purpose is to punishutterances hich %ay endanger public order.

'currilous 0 lo, vulgar, %ean, or foul.

o rules relative to seditious ords/

1. he clear and present danger rulea. danger of a public uprising 0

danger should be clear andi%%inent

b. there %ust be reasonableground to believe that thedanger apprehended isi%%inent, and the evil sought tobe prevented is a serious one. 0probability of serious injury

2. he dangerous tendency rulea. ords used tend to create a

danger of public uprising

b. hen the ords uttered orpublished could easily producedissatisfaction a%ong thepeople and a state of feeling inthe% inco%patible ith adisposition to re%ain loyal to thegovern%ent and obedient tolas

the use of ords, e%ble%s, etc., not theperfor%ance of act, is punished in inciting tosedition reason hy seditious utterances are

punishable/ the legislature has authority to forbidthe advocacy of a doctrine designed andintended to overthro the Jovern%ent ithoutaiting until there is a present and i%%ediatedanger of the success of the plan advocated.

CHAPTER TWOCRIMES AGAINST POPULAR

REPRESENTATION

14#. ACTS TENDING TO PREVENT THEMEETING OF THE ASSEMBLY AND SIMILARBODIES!le%ents/

1. here is a projected or actual%eeting of congress or any of itsco%%ittees, constitutionalco%%ission, co%%ittees, or

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division, or any provincial board,city, %unicipality, council or board

2. ffender 0 any person that preventsthe %eeting by force or fraud.

144. DISTURBANCE OF PROCEEDINGS!le%ents/

1. Ceeting 0 congress or any of itsco%%ittees, subco%%ittees, divisions,provincial board, or city:%unicipalcouncil or board

2. Does/a. disturbs any of such %eetingsb. behaves in such a %anner as to

interrupt its proceedings or toi%pair respect due it.

he co%plaint for disturbance of proceedings

%ay be filed by a %e%ber of a legislative body.

ne ho disturbs the proceedings of thecongress %ay also be punished for conte%pt bythe asse%bly.

145. VIOLATION OF PARLIAMENTARYIMMUNITYBsing force, inti%idation, threats, or frauds!le%ents/

1. ffender 0 uses force, inti%idation,

threats, fraud2. +urpose 0 prevent any %e%ber of the

congress to/a. attend the %eeting of the

congress or any of itsco%%ittees or constitutionalco%%issions

b. e"press his opinionsc. cast his vote.

 Arresting or searching any %e%ber hile insession!le%ents/

1. ffender 0 public officer or e%ployee2. ffender 0 arrests or searches any%e%ber of the congress

3. ongress is in regular or special sessionat the ti%e of arrest or search

4. ongress%an arrested or searched hasnot co%%itted any cri%e punishableunder 9+ by a penalty of prision%ayor (y, 1d 0 12y) or higher 

+arlia%entary i%%unity does not protect%e%bers of the ongress fro% responsibilitybefore the legislative body itself.

CHAPTER THREEILLEGAL ASSEMBLIES AND ASSOCIATION

146. ILLEGAL ASSEMBLIESCeeting attended by ar%ed persons 0 anycri%es under 9+!le%ents/1. Jathering of persons 0 fi"ed place or

%oving2. Attended by ar%ed persons3. +urpose 0 co%%it any cri%e under 9+

he persons present at the %eeting %ust bear%ed 0 > A persons %ust be ar%ed. the la does not state ho %any peopleattending the %eeting %ust be ar%ed he unar%ed person %erely present at the%eeting is liable.

 Ar%ed:not 0 treason, rebellion, insurrection,sedition, or direct assault!le%ents/

1. Ceeting or gathering of persons2. Audience, ar%ed or not, incited to

co%%it treason, rebellion, insurrection,

sedition, or direct assault

Audience is actually incited.- +ersons liable are the organi=ers or

leaders of, and persons %erelypresent at the %eeting

- -ncited to co%%it rebellion orsedition 0 (a) illegal asse%bly asregards the organi=ers or leadersand persons %erely present, and (b)inciting to sedition insofar as theonce inciting is concerned.

he persons %erely present at the %eeting

%ust have a co%%on intent to co%%it the felonyof illegal asse%bly. he absence of such intent%ay e"e%pt the person present fro% cri%inalliability. Bnlicensed firear% 0 presu%ed for thepurpose of the %eeting he is considered aleader or organi=er of the %eeting. -llegal possession of firear%s 0 absorbed ifac6uitted, separate cri%e of illegal possession of firear%s.

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G%eetingH a gathering or group, hether in afi"ed place or %oving, is included

147. ILLEGAL ASSOCIATIONShey are/

1. Associations totally or partiallyorgani=ed for the purpose of co%%ittingany of the cri%es punishable under9+.

2. Associations totally or partiallyorgani=ed for so%e purpose contrary topublic %orals.

+ersons liable/1. Founders, directors, and president of

the association2. Cere %e%bers of the association.

I&3 A& I&3 A*')3()*+ Actual %eeting orasse%bly isnecessary

 Actual %eeting is >necessary

Ceeting andattendance at such%eeting are punished

he act of for%ing ororgani=ing and%e%bership in theassociation that arepunished

rgani=ers, leaders,persons present at the%eeting 0 -A@!

Founders, directors,president, and%e%bers -A@!

CHAPTER FOURASSUALT UPON% AND RESISTANCE AND

DISOBEDIENCE TO% PERSONS INAUTHORITY AND THEIR AGENTS

14!. DIRECT ASSULTSForce or inti%idation!le%ents/

1. ffender 0 e%ploys force or inti%idation

2. Ai% 0 attain any of the purposes of9!@!-> and '!D-->

3. >o public uprising

-s it necessary that the offended party be aperson in authority or his agentI >. -f the ai%of the offender is to attain sedition, the offendedparty %ay be an individual or person belongingto a social class

Ca8es attac8, e%ploys force, seriousinti%idation, serious resistance

!le%ents/1. ffender 0 %a8es attac8, e%ploys force,

%a8es serious inti%idation, seriousresistance

2. $icti% 0 person in authority or his agent3. ffender 8nos victi% is a person in

authority4. $icti%/ (a) engaged in actual

perfor%ance of duty, or (b) by reason ofpast perfor%ance of duty

5. >o public uprising

 Attac8 0 includes offensive or antagonistic%ove%ent or action of any 8ind.

Force 0 %ust be of serious character as toindicate deter%ination to defy the la and itsrepresentative at all ha=ards.

he *,'& &/*&- need not be serioushen the offended party is a person in authority. T9& )+())-3()*+ *, ,&)(3+'& 0( &&,)*0 9&(9&, (9& *&+-&- /3,( ) 3+3&+( *+ *, 9& ) (9& /&,*+ )+ 30(9*,)(. the inti%idation %ust produce its effectsi%%ediately, for if the threats be of so%e futureevil, the act ould not be an assault 7hen a person in authority or his agent is the

one ho provo8es and attac8s another person,the latter is entitled to defend hi%self and cannotbe held liable for assault or resistance not forphysical injuries, because he acts in legiti%atedefense. 7hen a person in authority or his agente"ceeds his poer or acts ithout authority, it isnot the e"ercise of the functions of his office.7hen he %a8es unnecessary use of force orviolence and goes beyond the li%its of hispoer, he acts as a private person. here can be no assault upon or disobedienceto one authority by another hen they both

contend in the e"ercise for their respectiveduties. (he cri%e co%%itted %ay be physicalinjuries only). hen the offender and the offended party hoare both persons in authority or their agents,descend to %atters hich are private in nature,the principle of authority is not violated he accused %ust have the 8noledge thatthe offended party as a person in authority (oragent) in the e"ercise of his duties, because the

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accused %ust have the intention to offend, injureor assault the offended party as a person inauthority or agent of such person. he defendant %ust have the intention to defythe authorities. slight physical injuries is absorbed in directassault

ualified assault/1. co%%itted ith a eapon2. offender is a public officer or e%ployee3. offender lays hands upon a person in

authority.

14". INDIRECT ASSAULT!le%ents/

1. +erson in authority or his agent is the

victi% of any if the for%s of directassault

2. Another person co%es to the aid of suchauthority or his agent

3. he offender %a8es use of force orinti%idation upon such person co%ing tothe aid of the authority or his agent.

-ndirect assault is co%%itted only hen directassault is also co%%itted.

15$. DISOBEDIENCE TO SUMMONS ISSUEDBY THE NATIONAL ASSEMBLY

only disobedience ithout legal e"cuse ispunishable reason for this provision/ the poer of in6uiryith process to enforce it is an essential andappropriate au"iliary to the legislative functions

151. RESISTANCE AND DISOBEDIENCE TO APERSON IN AUTHORITY OR HIS AGENTS

9esistance and serious disobedience!le%ents/1. +erson in authority or his agents 0

engaged in the perfor%ance of officialduty or gives a laful order to theoffender (direct order)

2. ffender 0 resists or seriously disobeyshi%

3. Act of offender is not included in articles14&, 14, 15*

Gresistance and disobedienceH failure toco%ply ith orders directly issued by theauthorities in the e"ercise of their duties: failureor refusal to obey a direct order  hen the attac8 or e%ploy%ent of force is notdeliberate, the cri%e is only resistance ordisobedience A person cannot be guilty of disobedience toan order hich is not addressed to hi%. he accused %ust have 8noledge that theperson arresting hi% is a peace officer.

'i%ple disobedience1. +erson in authority or his agents 0

engaged in the perfor%ance of officialduty or gives a laful order to theoffender 

2. ffender 0 disobeys3. Disobedience is not of serious nature.

he order %ust be laful 0 otherise, theresistance is justified. in si%ple disobedience, the offended party%ust only be an agent of a person in authority

Direct Assault 9esistance or seriousdisobedience

+iA orhis agent %ustbe in actualperfor%ance of hisduty, or is assaulitedby reason thereof 

+iA %ust be in actualperfor%ance of hisduties

o%%itted byattac8ing, e%ployingforce, %a8ing seriousinti%idation, seriousresistance

o%%itted only byresisting or seriouslydisobeying a +iA or hisagent

7hen the one resistedis a +iA, any 8ind ordegree of force illgive rise to directassault

no force is e%ployedby the offender inresisting a +iA

ART. 152. PERSONS IN AUTHORITY ANDAGENTS OF PERSONS IN AUTHORITY

-n applying the provisions of the preceding andother articles of this ode, any person directlyvested ith jurisdiction, hether as an individualor as a %e%ber of so%e court or govern%entalcorporation, board, or co%%ission, shall bedee%ed a person in authority. A barrio captainand a barangay chair%an shall also be dee%eda person in authority.

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 A person ho, by direct provision of la or byelection or by appoint%ent by co%petentauthority, is charged ith the %aintenance ofpublic order and the protection and security oflife and property, such as a barrio council%an,barrio police%an and barangay leader and anyperson ho co%es to the aid of persons inauthority, shall be dee%ed an agent of a personin authority.

-n applying the provisions of Articles 14& and151 of this ode, teachers, professors andpersons charged ith the supervision of publicor duly recogni=ed private schools, colleges anduniversities, and layers in the actualperfor%ance of their professional duties or onthe occasion of such perfor%ance, shall bedee%ed persons in authority.

Directly vested ith jurisdiction 0 poer andauthority to govern and e"ecute las.

+ersons in Authority/1. %unicipal %ayor 2. Division 'uperintendent of schools3. +ublic: +rivate school teachers4. teacher unrse5. president of sanitary division. provincial fiscal#. justice of the peace&. %unicipal councilor . barrio captain and barangay chair%an

!"a%ples of agents of persons in authority/1. police%an2. %unicipal treasurer 3. post%aster 4. rural police%an, even if not provided

ith a unifor% and does not receive pay5. sheriff  . agents of the @-9#. Calacanang confidential agent

CHAPTER FIVEPUBLIC DISORDERS

15#. TUMULTS AND DISTURBANCEShey are/

1. ausing any serious disturbance in apublic place, office or establish%ent

2. -nterrupting or disturbing perfor%ances,functions or gatherings or peaceful%eetings, if the act is not included inarts. 131 and 132

3. Ca8ing an outcry tending to inciterebellion or sedition in any %eeting,association, or public place

4. Displaying placards or e%ble%s hichprovo8e a disturbance of public order insuch place

5. @urying ith po%p the body of a personho has been legally e"ecuted.

ffender 0 a participant in the %eeting. 'erious disturbance %ust be planned orintended.

utcry 0 to shout subversive or provocativeords tending to stir up the people to obtain by%eans of force or violence any of the objects of

rebellion or sedition %ore or less unconsciousoutburst hich is not intentionally calculated toinduce others to co%%it rebellion or sedition. 6ualifying circu%stance causing disturbanceor interruption of a tu%ultuous character  tu%ultuous%ore than three persons ho arear%ed *, provided ith %eans of violence

155. ALARMS AND SCANDALS+unished/

1. Discharging any firear%, roc8et,

firecrac8er, or other e"plosive calculatedto cause alar% or danger

2. -nstigating or ta8ing active part in anycharivari or other disorderly %eetingoffensive to another or prejudicial topublic tran6uility

3. Disturbing the public peace hileandering about at night or hileengaged in any other nocturnala%use%ents

4. ausing any disturbance or scandal inpublic places hile into"icated orotherise, provided art. 153 is not

applicable.

-t is the result that counts, and not the intent. Anyhere, as long as discharge of firear%,roc8et, etc. produced alar% or danger. harivari 0 sounds designed to annoy andinsult.

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156. DELIVERING PRISONERS FROM JAIL!le%ents/

1. +erson confined in a jail or penalestablish%ent

2. ffender re%oves or helps escape by%eans of 0

a. violence inti%idation, or briberyb. ta8ing the guards by surprise, if

the escape of the prisoner shallta8e place outside the saidestablish%ent.

$iolence, inti%idation and bribery 0 6ualifyingcircu%stances Cere detention prisoners included. ?ospital or asylu% considered e"tension of jail or prison. ffender is usually an outsider. An e%ployeeof the penal establish%ent ho helps theescape of a person confined therein %ay also bepunished, provided that he does not have the

custody or charge of such person. -t %ay also bea prisoner helping another prisoner. 0 -f theoffender is a public officer ho had the prisonerin his custody or charge, he is liable for infidelityin the custody of a prisoner (223). @y other %eans 0 substituting an prisoner byta8ing his place in jail is an e"a%ple. A person delivering a prisoner fro% jail %ay beheld liable as accessory (treason, %urder, orparricide cases only) -f the prisoner re%oved is a detentionprisoner, such prisoner is not cri%inally liable.?e can only be liable for evasion of service of

sentence is he is a convict by final judg%ent.

CHAPTER SIEVASION OF SERVICE OF SENTENCE

157. EVASION OF SERVICE OF SENTENCE!le%ents/

1. ffender 0 convict by a final judg%ent2. ffender 0 serving his sentence hich

consists of deprivation of liberty3. ffender 0 evades service of sentenceby !'A+->J the ter% of his sentence

-f the convict escapes ithout co%%encing toserve the sentence or ithout e"pressly aivingin riting his right to appeal, or he is a detentionprisoner or %inor delin6uent ho escapes fro%confine%ent 0 offender is not liable for evasionof service of sentence.

sentence %ust be by reason of Gfinal judg%entH Art 15# is applicable to destierro

ualifying circu%stances/1. Bnlaful entry (cli%bing the all)2. @rea8ing doors, indos, gates, alls,

roofs, or floors3. Bsing pic8loc8s, false 8eys, disguise,

deceit, violence or inti%idation4. onnivance ith other convicts or

e%ployees of the penal institution

15!. EVASION OF SERVICE DURINGDISORDERS!le%ents/

1. ffender 0 convict by final judg%ent,confined in a penal institution

2. Disorder 0 conflagration, earth6ua8e,e"plosion, si%ilar catastrophe, %utiny(he has not participated)

3. ffender 0 evades by leaving penalinstitution on the occasion of suchdisorder 

4. ffender 0 fails to give hi%self up toauthorities 4& hours folloing theissuance of the hief !"ecutiveannouncing the passing aay of suchcala%ity

he offender %ust be a convict by final

 judg%ent, 3+- %ust leave the penal institution. hat is punished is not the leaving of thepenal institution but the failure to give hi%self upithin 4& hours after the procla%ationannouncing the passing aay of the cala%it# -f the offender fails to surrender, he shallsuffer an increase of 1:5 of the ti%e stillre%aining to be served under the originalsentence, > !L!!D C>?'. -f the offender surrenders ithin 4& hours, heis entitled to 1:5 deduction of the period of hissentence. %utiny in this article i%ples an organi=ed

unlaful resistance to a superior office asedition or revolt

15". OTHER CASES OF EVASION OFSENTENCE VIOLATION OF CONDITIONALPARDON!le%ents/

1. hat the offender as a convict

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2. that he as granted conditional pardonby the hief e"ecutive

3. that he violated any of the conditions ofsuch pardon

an the court re6uire the convict to serve theune"pired portion of his original sentence, if itdoes not e"ceed yearsI >. @ecause thearticle does not provide for it. he re%edy is leftto the +resident ho has the authority toreco%%it hi% to serve the une"pired portion ofthe punish%ent in the original sentence

CHAPTER SEVENCOMMISSION OF ANOTHER CRIME DURING

SERVICE OF PENALTY IMPOSED FORANOTHER PREVIOUS OFENDE

16$. UASI?RECIDIVISM!le%ents/

1. ffender 0 already convicted by final judg%ent of one offense

2. o%%itted a ne felony 0 (a) before thebeginning to serve such sentence or (b)hile serving the sa%e

First offense need not be a felony (cri%eunder 9+) >e offense need not be of different character fro% that of the for%er offense.

R&')-);) 03)?R&')-);)Jeneric aggravatingcircu%stance

'pecial aggravatingcircu%stance

Cay be offset by a%itigatingcircu%stance

annot be offset by a%itigatingcircu%stance

2 offenses e%bracedin the sa%e title:code

1st offense %ay beother violation 2nd offense should be afelony

o%%itted afterserving the sentence

o%%itted beforebeginning to serve orhile serving the

sentence