ateneo 2007 criminal law (book 2) part 1.pdf

8/21/2019 Ateneo 2007 Criminal Law (Book 2) Part 1.pdf

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Criminal Law Summer Reviewer

ATENEOCENTRALBAROPERATIONS2007

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NOTES: Unless extinguished, civil liability subsistseven if the offender has served sentence

consisting of deprivation of liberty or otherrights or has not served the same, due toamnesty, pardon, commutation of thesentence or any other reason.

Under the law as amended, even if thesubsidiary imprisonment is served for non-payment of fines, this pecuniary liability of thedefendant is not extinguished.

While amnesty wipes out all traces andvestiges of the crime, it does not extinguishthe civil liability of the offender. A pardon shallin no case exempt the culprit from thepayment of the civil indemnity imposed uponhim by the sentence.

Probation affects only the criminal aspect ofthe crime.

BOOK II

TITLE ONECRIMES AGAINST NATIONAL SECURITY

AND THE LAW OF NATIONS

Section 1 – Treason and Espionage

ART 114. TREASON

ELEMENTS:

1. Offender is a Filipino c itizen or an alien

resident;2. There’s a war in and Philippines is

involved; and 3. Offender either –

a. Levies war against the government; or

b. Adheres to enemies, giving aid orcomfort.

NOTES:

Treason – breach of allegiance to thegovernment by a person who owesallegiance to it.

Al legiance – obligation of fidelity and

obedience which individuals owe to thegovernment under which they live or to theirsovereign, in return for protection theyreceive

Treason is a war crime - punished by stateas a measure of self-protection

Committed in times of war (not peace)when

- there is actual hostilities - no need for a declaration of war .

Mere acceptance of public office anddischarge of official duties under the enemydo not constitute per se the felony of treason.

But when the position is policy-determining,the acceptance of public office and thedischarge of official duties constitute treason.

PERSONS LIABLE: 1. Filipino – permanent allegiance; can commit

treason anywhere2. Al ien Residing – temporary allegiance;

commit treason only while residing inPhilippines

NOTES:

Treason committed in a foreign country maybe prosecuted in the Philippines. (Art.2,RPC)

Treason by an alien must be committed inthe Philippines. (EO 44).

WAYS TO COMMIT TREASON: 1. Levying war against government - requires:

a. Actual assembling of menb. Purpose of executing a treasonable

design, by force2. Adheres to enemies – following must

concur together:

a. Actual adherence b. Give aid or comfort

NOTES:

• Levying war - must be with intent tooverthrow the government as such, notmerely to repeal a particular statute or toresist a particular officer .

• Not necessary that those attempting tooverthrow the government by force of arms

ART. 113: OBLIGATION TO SATISFY CIVILLIABILITY


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should have the apparent power tosucceed in their design, in whole or in part

• Adherence – intellectually or emotionallyfavors the enemy and harbors sympathies orconvictions disloyal to his country’s policy or

interest.• Aid or Comfort – act w/c strengthens or

tends to strengthen the enemy of thegovernment in the conduct of war against thegovernment, or an act w/c weakens or tendsto weaken the power of the government orthe country to resist or to attack the enemiesof the gov’t or country

WAYS TO PROVE:1. Treason

a. Testimony of at least 2 witnessesto the same overt act

b. Judicial confession of accused2. Adherence

a. One witnessb. Nature of act itselfc. Circumstances surrounding act

NOTES:

• To convict: testimonies must relate to thesame overt act – not two similar acts

• If act is separable – each witness can testifyto parts of it; but the act, as a whole, must beidentifiable as an overt act

• Confession must be in open court

• Reason for 2-witness rule special natureof the crime requires that the accused beafforded a special protection not required inother cases so as to avoid a miscarriage of

justice. Extreme seriousness of the crime,for which death is one of the penaltiesprovided by law, and the fact that the crime iscommitted in abnormal times, when smalldifferences may in mortal enmity wipe out allscruples in sacrificing the truth.

General Notes:

• Inherent circumstances they do notaggravate the crime

- Evident premeditation- superior strength- treachery

• Treason is a continuing crime. Even after thewar , offender can still be prosecuted.

• No treason through negligence since it mustbe intentional

• No complex crime of treason with murder –murder is the overt act of aid or comfort

and is therefore inseparable from treasonitself.

• DEFENSE:- Duress or uncontrollable fear- Obedience to de facto government

•

NOT DEFENSE:- Suspended allegiance- Joining the enemy army thus becoming a

citizen of the enemy

ELEMENTS – CONSPIRACY:

1. In time of war; 2. Two or more persons come to an agreement

to -a. levy war against the government, orb. adhere to the enemies and to give

them aid or comfort 3. They decide to commit it.

ELEMENTS – PROSOPAL:

1. In time of war 2. A person who has decided to levy war

against the government, or to adhere to theenemies and to give them aid or comfort

3. Proposes its execution to some otherperson/s.

General Notes:

• As a general ru le, conspiracy and proposal tocommit a felony is not punishable (ART.8).

Art 115 is an exception as it specificallypenalizes conspiracy and proposal tocommit treason.

• Mere agreement and decision to commit treason is punishable.

• Two-witness rule – not applicable since thisis a crime separate from treason

• Mere proposal even without acceptance ispunishable, too. If the other accepts, it is

already conspiracy.• If actual acts of treason are committed after

the conspiracy or proposal, the crimecommitted will be treason , and theconspi racy or proposal is considered asa means in the commission thereof.

ART. 115. CONSPIRACY AND PROPOSAL TOCOMMIT TREASON


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ELEMENTS:

1. Offender owes allegiance to the government2. Not a foreigner 3. Has knowledge of any conspiracy (to

commit treason) against the government4. He conceals or does not disclose the same

to the authorities in w/c he resides.

NOTES:

• Offender is punished as an accessory to thecrime of treason.

• But is actually principal to this crime.

• Crime doesn’t apply if crime of treason isalready committed and it is not reported.

• It is a crime of omission.

• RPC mentions 4 individuals (i.e. governor,provincial fiscal, mayor or city fiscal), butwhat if you report to some other high-rankinggovernment. official?Ex: PNP Director? Judge Pimentel says anygovernement. official of the DILG is OK..

MODES of COMMITTING ESPIONAGE:1. By entering, without authority, a warship,

fort, or military or naval establishment orreservation to obtain any information, plan orother data of confidential nature relative tothe defense of the Philippines.ELEMENTS:

1. That the offender enters a warship,fort, naval or militaryestablishment or reservation;

2. That he has no authority therefore;and

3. That his purpose is to obtaininformation , plans, photographs orother data of a confidential naturerelative to the defense of thePhilippines.

2. By disclosing to the representative of aforeign nation the contents of the articles,data or information referred to in thepreceding paragraph, which he had in his

possession by reason of the public office heholds.

ELEMENTS: 1. That the offender is a public o fficer ;2. That he has in his possession the

articles, data or information referredto in the first mode of committingespionage, by reason of the publicoffice he holds; and

3. That he discloses their contents toa representative of a foreignnation.

PERSONS LIABLE: 1. First mode:

a. Filipinob. alien residing

2. Second mode:a. Offender is a public officer.

NOTES:

• Being a public officer is a requirement inthe second paragraph

• It is aggravating in the first.

General Notes:

• Espionage is the offense of gathering,transmitting, or losing information respectingthe national defense with the intent orreason to believe that the information isto be used to the injury of the Philippines orthe advantage of any foreign nation. It is notconditioned on citizenship.

• Wiretapping is not espionage if the purposeis not connected with the defense.

• In the first mode of committing the felony, itis not necessary that the offendersucceeds in obtaining the information.

TREASON ESPIONAGEIn both – not conditioned by citizenship of offender

Committed in war time War and Peace time

Limited in two ways ofcommitting crime:levying war, andadhering to the enemygiving him aid orcomfort

Committed in many ways

ART. 116. MISPRISION OF TREASON

ESPIONAGE – is the offense of gathering,transmitting, or losing information respecting the

national defense with intent or reason to believethat the information is to be used to the injury ofthe Republic of the Philippines or the advantage ofa foreign nation.

ART. 117. ESPIONAGE


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C.A. NO. 616 An Act to Punish Espionage and Other

Offenses Against National Security

ACTS PUNISHABLE:1. Unlawfully obtaining or permitting to be

obtained information affecting nationaldefense;

2. Unlawful disclosing of information affectingnational defense;

3. Disloyal acts or words in time of peace (i.e.causing in any manner insubordination,disloyalty, mutiny or refusal of duty of anymember of the military, naval, or air forces ofthe Philippines);

4. Disloyal acts in time of war ;

5. Conspiracy to commit the foregoing acts;6. Harboring or concealing violators of the

law (i.e. the offender harbors a person whomhe knows as someone who committed or isabout to commit a violation of this Act); and

7. Photographing from aircraft of vital militaryinformation.

Section Two – Provoking War & Disloyalty inCase of War

ELEMENTS: 1. Offender performs unlawful or

unauthorized acts;2. Such acts provoke or give occasion for a

war involving or liable to involve thePhilippines or expose Filipino citizens toreprisals on their persons or property;

NOTES:

Crime is committed in time of peace.Intent of the offender is immaterial .

In inciting to war, the offender is anyperson. If the offender is a public officer ,the penalty is higher.

Reprisals are not limited to militaryaction, it could be economic reprisals, ordenial of entry into their country.

Example: X burns Chinese flag. If Chinabans the entry of Filipinos into China, thatis reprisal.

ELEMENTS:

1. That there is war in which the Philippines isnot involved;

2. That there is a regulation issued bycompetent authority for the purpose ofenforcing neutrality; and

3. That the offender violates such regulation.NOTES:

• This crime is committed only in time ofwar .

• Neutrality of the Philippines that wasviolated.

• There has to be a regulation issued bycompetent authority for enforcement of

neutrality – offender violated it• Being a public officer or employee has

higher penalty

ELEMENTS:1. There’s a war in and Philippines is

involved ;2. That the offender makes correspondence

with an enemy country or territory occupied by enemy troops;

3. That the correspondence is either –a. prohibited by the government, orb. carried on in ciphers or

conventional signs, orc. containing notice or information

which might be useful to theenemy.

QUALIFYING CIRCUMSTANCES: 1. Notice or information might be useful to the

enemy.2. Offender intended to aid the enemy.

NOTES:

• Circumstances qualifying the offense:1. notice or information might be useful

to the enemy2. offender intended to aid the enemy

• A hostile country exists only duringhostili ties or after the declaration o f war.

• Correspondence to enemy country iscorrespondence to officials of enemycountry even if said official is related tothe offender.

ART. 119. VIOLATION OF NEUTRALITY

ART. 118. INCITING TO WAR OR GIVINGMOTIVES FOR REPRISALS

ART. 120. CORRESPONDECE WITH HOSTILECOUNTRY


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• It is not correspondence with privateindividual in enemy country.

• If ciphers were used, no need forprohibition of the government.

• If ciphers were not used , there is a need

for prohibition of the government.• It is immaterial if correspondence

contains innocent matters. If prohibited,correspondence is punishable.

ELEMENTS: 1. There’s a war and Philippines is involved;2. Offender owes allegiance to the

government;

3. Offender attempts to flee or go to enemycountry; and4. Going to enemy country is prohibited by

competent authority.

PERSONS LIABLE: 1. Filipino citizen2. Al ien residing in the Philippines

NOTES:

• Mere attempt consummates the crime.

• There must be a prohibition . If there isnone, even if one went to enemy country,there is no crime.

• An alien resident may be held guilty forthis crime because an alien owesallegiance to the Philippine governmentalbeit temporary.

Section Three – Piracy & Mutiny on The HighSeas

PIRACY – MODES TO COMMIT:1. By attacking or seizing a vessel on the high

seas or in the Philippine waters (PD 532);2. By seizing the whole or part of the cargo of

said vessels, its equipment or personalbelongings of its complement or passengers,the offenders being strangers to thevessels.

ELEMENTS of PIRACY: 1. A vessel is on the high seas or Philippine

waters;2. Offenders – not members of its complement

nor passengers of the vessel; and3. That the offenders –

a. attack or seize vessel (if committed bycrew or passengers, the crime is notpiracy but robbery in the high seas), or

b. seize whole or part of vessel’s cargo,equipment or personal belongings of its complement or passengers.

NOTES:

• High seas - any waters on the sea coastwhich are without the boundaries of the lowwater mark although such waters may be inthe jurisdictional limits of a foreigngovernment; parts of the sea that are not

included in the exclusive economic zone, inthe territorial seas, or in the internal waters ofa state, or in the archipelagic waters of anarchipelagic state (United NationsConvention on the Law of the Sea).

• Philippine waters – all bodies of water, suchas but not limited to seas, gulfs, bays, around,between and connecting each of the islands ofthe Philippine Archipelago, irrespective of itsdepth, breath, length or dimension, and allwaters belonging to the Philippines by historicor legal title, including territorial sea, the sea-bed, the insular shelves, and other submarineareas over which the Philippines hassovereignty and jurisdiction. (Sec. 2, P.D. No.532)

• Now, Art. 122, as amended by R.A. 7659Piracy and Mutiny in Philippine waters ispunishable.

• Before R. A. 7659 amended Art 122, piracyand mutiny only on the high seas waspunishable. However, the commission of theacts described in Arts. 122 and 123 inPhilippine waters was under P.D. No. 532.

MUTINY – the unlawful resistance to a superior, orthe raising of commotions and disturbances onboard a ship against the authority of itscommander.

PIRACY – it is robbery or forcible depredation onthe high seas, without lawful authority and donewith animo furandi and in the spirit and intention ofuniversal hostility.

ART. 121. FLIGHT TO ENEMY’S COUNTRY

ART. 122. PIRACY IN GENERAL AND MUTINYON THE HIGH SEAS


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• Piracy in high seas – jurisdiction of any courtwhere offenders are found or arrested.

• Piracy in internal waters – jurisdiction ofPhilippine courts.

• For purposes of the Anti -Fencing Law ,

piracy is part of robbery and theft.

PIRACY MUTINY

Robbery or forcibledegradation on thehigh seas, withoutlawful authority anddone with animo furandi and in the spiritand intention ofuniversal hostility.

Unlawful resistance to asuperior officer, or theraising of commotion anddisturbances on board aship against the authority ofits commander.

Intent to gain is an

element.

Intent to gain is not an

element Attack from outside.Offenders arestrangers to the vessel.

Attack from the inside.

PIRACY ROBBERY ON HIGHSEAS

The offender is anoutsider.

The offender is a memberof the complement or apassenger of the vessel.

In both, there is intent to gain and the manner of

committing the crime is the same.

WITHIN PHIL. WATERS

Art. 122, RPC PD 532, Anti-Piracy

Offender is an outsider Offender is crew orpassenger

PD 532 (ANTI-PIRACY AND ANTI-HIGHWAY

ROBBERY LAW OF 1974)

VESSEL – any vessel or watercraft used for (a)transport of passengers and cargo or (b) for fishing.

AIDING OR ABETTING PIRACY REQUISITES: 1. Knowingly aids or protects pirates;2. Acquires or receives property taken by such

pirates, or in any manner derives any benefit;

3. Directly or indirectly abets the commission ofpiracy.

NOTE: Under PD 532, piracy may be committedeven by a passenger or member of the

complement of the vessel.

QUALIFYING CIRCUMSTANCES: 1. Seizure of the vessel by boarding or firing

upon the same;2. Abandonment of victims without means of

saving themselves; or3. Piracy was accompanied by murder,

homicide, physical injuries, or rape.

NOTES:

Parricide/infanticide should be included(according to Judge Pimentel).

There is a conflict between thisprovision and the provision on rape.

Ex: If rape is committed on someonebelow 7 yrs. old – penalty is deathunder the new rape law. But if rapecommitted on someone below 7during the time of piracy – r eclusionperpetua to death.

Themurder/rape/homicide/physicalinjuries must have been committed on the

passengers or on the complement of thevessel.

Piracy is a crime not against any particularstate but against all mankind. It may bepunished in the competent tribunal of anycountry where the offender may be foundor into which he may be carried.

QUALIFIED PIRACY – a SPECIALCOMPLEX CRIME punishable by reclusiónperpetua to death, regardless of thenumber of victims.

R. A. NO. 6235 Anti-Hijacking Law

ACTS PUNISHABLE:1. By compelling a change in the course or

destination of an aircraft of Philippineregistry, or seizing or usurping the controlthereof while it is in flight;

ART. 123. QUALIFIED PIRACY


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2. By compelling an aircraft of foreignregistry to land in Philippine territory orseizing or usurping the control thereofwhile it is in the said territory; and

3. By shipping, loading, or carrying in any

passenger aircraft operating as a public utilityw/in the Philippines, any explosive,flammable, corrosive or poisonous substance or material.

IN FLIGHT – From the moment all exterior doorsare closed following embarkation until the samedoors are again opened for disembarkation.

NOTES: (Atty. Palacios)

• Where the aircraft is of Philippine registry,the offense must be committed while inflight. Hence, the act must take place afterall exterior doors are closed followingembarkation.

• Where the aircraft is of foreign registry,offense need not take place while inflight.

QUALIFYING CIRCUMSTANCES (Par 1 & 2): 1. Firing upon the pilot, member of the crew or

passenger of the aircraft;2. Exploding or attempting to explode any

bomb or explosive to destroy the aircraft; or3. The crime is accompanied by murder,

homicide, serious physical injuries, orrape.

NOTES: (Atty. Palacaios)

• For “firing upon” to qualify the offense, theoffender must have actually fired hisweapon. Mere attempt is not enough.

• For “firing upon” to qualify the offense, theoffender need not succeed in hitting thepilot, crew member or passenger.

TITLE TWOCRIMES AGAINST THE FUNDAMENTAL LAWS

OF THE STATE

CLASSES OF ARBITRARY DETENTION:1. By detaining a person without legal

ground 2. Delay in the delivery of detained persons to

the proper judicial authorities3. Delaying release

ELEMENTS: 1. That the offender is a public officer or

employee (whose official duties include theauthority to make an arrest and detainpersons);

2. That he detains a person; and3. That it was without legal grounds.

NOTES:

Arbitrary detention is the deprivation by apublic officer of the liberty of a person w/oany legal ground.

Though the elements specify that theoffender be a public officer or employee,private individuals who conspire withpublic officers can be liable as principals.

Legal grounds for the detention of anyperson:

- commission of a crime- violent insanity or other ailment

requiring compulsory confinement ofthe patient in a hospital

Grounds for warrantless arrest:- Crime is about to be, is being, or has

been committed;- Arresting officer must have personal

knowledge that the person probablycommitted the crime; or

- Person to be arrested is an escaped

prisoner.Rolito Go v. CA is an example of arbitrary

detention (Judge Pimentel)

Ramos v. Enrile: Rebels later on retire.Once you have committed rebellion andhave not been punished or amnestied,the rebels continue to engage inrebellion, unless the rebels renouncetheir affiliation. Arrest can be madewithout a warrant because rebellion is acontinuing crime.


employee;2. That he has detained a person for some

legal ground; and

ART. 124. ARBITRARY DETENTION

ART. 125. DELAY IN THE DELIVERY OFDETAINED PERSONS TO THE PROPER

JUDICIAL AUTHORITIES


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3. That he fails to deliver such person to theproper judicial authority within:

a. 12 hours, detained for crimespunishable by light penalties, orequivalent;

b. 18 hours, for crimes punishable bycorrectional penalties, or theirequivalent; or

c. 36 hours, for crimes/offensespunishable by capital punishment orafflictive penalties, or theirequivalent.

NOTES:

• The felony means delay in filing thenecessary information or charging ofperson detained in court which may bewaived if a preliminary investigation isasked for. This does not contemplateactual physical delivery.

• The filing of the information in court beyond the specified periods does not cure illegality of detention. Neither does itaffect the legality of the confinement underprocess issued by the court.

• To prevent committing this felony, officersusually ask accused to execute a waiverof Art. 125 which should be under oathand with assistance of counsel. Suchwaiver is not violative of the constitutionalright of the accused.

• Contemplates arrest by virtue of some legal

ground or valid warrantless arrest.• If arrested by virtue of arrest warrant, person

may be detained until case is decided.

• LENGTH OF WAIVER: - Light offense – 5 days.- Serious and less serious offenses – 7 to

10 days. (Judge Pimentel)- If offender is a private person, the

crime is illegal detention.

ARBITRARYDETENTION (124)

DELAY IN DELIVERYOF DETAINED (125)

Detention is illegalfrom the beginning.

Detention is legal in thebeginning , but illegalitystarts from theexpiration of thespecified periods without the personsdetained having beendelivered to the proper

judicial authority.

ART. 126: DELAYING RELEASE


employee;2. That there is a judicial or execut ive orderfor the release of a prisoner or detention prisoner, or that there is a proceeding upona petition for the liberation of such person;and

3. That the offender without good reason delays:

a. the service of the notice of such orderto the prisoner, or

b. the performance of such judicial orexecutive order for the release of theprisoner, or

c. the proceedings upon a petition forthe release of such person.

NOTE:

• Wardens and jailers are the persons mostlikely to violate this provision.


employee;2. That he expels any person from the

Philippines, or compels a person to changehis residence; and

3. That the offender is not authorized to do soby law.

ACTS PUNISHABLE:1. by expelling a person from the Philippines; or2. by compelling a person to change his

residence

NOTES:

Acts punishable:

The crime of expulsion absorbs that of

grave coercion. If done by a privateperson, act will amount to grave coercion.

Crime does not include expulsion ofundesirable aliens, destierro, or when sent toprison.

If a Filipino who, after voluntarily leaving thecountry, is illegally refused re-entry isconsidered a victim of being forced tochange his address.

ART. 127. EXPULSION


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Threat to national security is not a validground to expel or to compel one tochange his address.

The Chief Executive has the power todeport undesirable aliens.


employee;2. That he is not author ized by judicial order to

enter the dwelling and/or to make asearch therein for papers or other effects;and

3. That he commits any of the following acts:a. entering any dwelling against the will

of the owner thereof;b. searching papers or other effects

found therein without the previousconsent of such owner;

c. refusing to leave the premises, afterhaving surreptitiously entered saiddwelling and after having beenrequired to leave the same.

SPECIAL AGGRAVATING CIRCUMSTANCES: 1. nighttime2. papers or effects not constituting evidence of

a crime are not returned immediately

NOTES:

The judicial order is the search warrant .If the offender who enters the dwellingagainst the will of the owner thereof is aprivate individual, the crime committed istrespass to dwelling (Art 280).

When a public officer searched a person“ outside his dwelling” without a searchwarrant and such person is not legallyarrested for an offense, the crime committedby the public officer is either:

- grave coercion if violence orintimidation is used (Art 286), or

- unjust vexation if there is no violence

or intimidation (Art 287).Public officer without a search warrantcannot lawfully enter the dwelling against thewill of the owner, even if he knew thatsomeone in that dwelling is in unlawfulpossession of opium.

ACTS PUNISHABLE: 1. procuring a search warrant without just

cause

ELEMENTS: 1. That the offender is a public officer oremployee;

2. That he procures a search warrant;and

3. That there is no just cause.

2. exceeding his authority by usingunnecessary severity in executing asearch warrant legally procured


employee;2. That he has legally procured a

search warrant; and3. That he exceeds his authority or

uses unnecessary severity inexecuting the same.

NOTES:

Search warrant is valid for 10 days from itsdate of issue.

If there is no just cause, the warrant isunjustified.

The search is limited to what is describedin the warrant, all details must be with set

forth with particularity.Example of a warrant maliciously obtained: Xwas a respondent of a search warrant forillegal possession of firearms. A return wasmade. The gun did not belong to X and thewitness had no personal knowledge that thereis a gun in that place.

Examples of abuse in service of warrant:1. X owner was handcuffed while

search was going-on.2. Tank was used to ram gate prior to

announcement that a search will be

made.3. Persons who were not respondents

were searched.

An exception to the necessity of a searchwarrant is the right of search and seizure asan incident to a lawful arrest.

ART. 128. VIOLATION OF DOMICILE

ART. 129. SEARCH WARRANTSMALICIOUSLY OBTAINED, AND ABUSE IN

THE SERVICE OF THOSE LEGALLYOBTAINED


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employee;2. That he is armed with a search warrant

legally procured;3. That he searches the domicile, papers or

other belongings of any person; and4. That the owner , or any member of his

family, or two witnesses residing in thesame locality are not present.

NOTES:

Order of those who must witness thesearch:- Homeowner

- Members of the family of sufficientage and discretion

- Responsible members of thecommunity

Validity of the search warrant can bequestioned only in 2 courts: where issuedor where the case is pending. The latter ispreferred for objective determination.

ELEMENTS: 1. Offender is a public off icer or employee;2. He performs any of the following acts :

a. prohibiting or interrupting, withoutlegal ground the holding of a peacefulmeeting, or dissolving the same(e.g. denial of permit in arbitrarymanner).

b. hindering any person from join ing any lawful association or fromattending any of its meetings

c. prohibiting or hindering any person

from addressing, either alone ortogether with others, any petition tothe authorities for the correction ofabuses or redress of grievances.

NOTES:

• If the offender is a private individual, thecrime is disturbance of public order (Art 153).

• Meeting must be peaceful and there is nolegal ground for prohibiting, dissolving orinterrupting that meeting.

• Offender must be a stranger , not aparticipant, in the peaceful meeting;

otherwise, the offense is unjustvexation.

• Interrupting and dissolving a meeting o f themunicipal council by a public officer is acrime against the legislative body andnot pun ishable under this article.

• The person talking on a prohibited subject ata public meeting contrary to agreementthat no speaker should touch on politicsmay be stopped.

• But stopping the speaker who was attackingcertain churches in public meeting is aviolation of this article.

•

Those holding peaceful meetings mustcomply with local ordinances. Example:Ordinance requires permits for meetingsin public places. But if a police stops ameeting in a private place becausethere’s no permit, officer is liable forstopping the meeting.

ART. 132. INTERRUPTION OF RELIGIOUS

ELEMENTS: 1. That the officer is a public officer or

employee;2. That religious ceremonies or

manifestations of any religion are about totake place or are going on; and

3. That the offender prevents or disturbs thesame.

NOTES:

Qualifying circumstances:1. violence; or2. threats.

Reading of Bible and then attacking certain

churches in a public plaza is not aceremony or manifestation of religion, butonly a meeting of a religious sect. But ifdone in a private home, it’s a religiousservice.

Religious Worship includes people in the actof performing religious rites for a religiousceremony or a manifestation of religion.Examples: Mass, baptism, marriage

ART. 131. PROHIBITION, INTERRUPTION, ANDDISSOLUTION OF PEACEFUL MEETINGS

ART. 130. SEARCHING DOMICILE WITHOUTWITNESSES


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X, a private person, boxed a priest while thepriest was giving homily and maligning arelative of X. Is X liable? X may be liableunder Art 133 (Offending rel ig ious feelings)because X is a private person.

ELEMENTS: 1. Acts complained of were performed –

a. in a place devoted to religiousfeelings, or

b. during the celebration of anyreligious ceremony

2. Acts must be notoriously offensive to thefeelings of the faithful;

3. Offender is any person; and

4. There’s a deliberate intent to hurt thefeelings of the faithful, directed againstreligious tenet.

NOTES:

• If in a place devoted to religious purpose,there is no need for an ongoingreligious ceremony.

• Example of religious ceremony (actsperformed outside the church): Processions and special prayers forburying dead persons but NOT prayerrallies.

•

Acts must be directed against religiouspractice or dogma or ritual for thepurpose of ridicule, as mocking orscoffing or attempting to damage anobject of religious veneration.

• There must be deliberate intent to hurt thefeelings of the faithful, mere arroganceor rudeness is not enough.

CRIME NATUREOF

CRIME

WHO ARE

LIABLE

IF ELEMENTMISSING

Prohibition,InterruptionandDissolutionofPeacefulMeeting (131)

Crimeagainstthefundamental law of thestate

Publicofficers,Outsiders

If not bypublic officer=Tumults

InterruptionofReligiousWorship

Crimeagainstthefundame

Publicofficers,Outsiders

If by insider =unjustvexationIf not

(132) ntal law of thestate

religious =tumult oralarmsIf notnotoriously

offensive =unjustvexation

OffendingtheReligiousFeeling (133)

Crimeagainstpublicorder

Publicofficers,privatepersons,outsiders

If not tumults= alarmsand scandal If meetingillegal atonset =inciting tosedition orrebellion

TITLE THREECRIMES AGAINST PUBLIC ORDER

POLITICAL CRIMES – are those directly aimedagainst the political order, as well as such commoncrimes as may be committed to achieve a politicalpurpose. The decisive factor is the intent or motive.

ELEMENTS: 1. That there be a public armed uprising; and2. That the purpose of the uprising or

movement is either:a. to remove from the allegiance to

said government or its laws theterritory of the Philippines or any partthereof or any body o f land, naval orother armed forces, or

b. to deprive the chief executive orcongress , wholly or partially, of anyof their powers or prerogatives.

PERSONS LIABLE:1. Any person who: (a) promotes, (b) maintains,

or (c) heads a rebellion or insurrection(leader );

2. Any person merely participating orexecuting the command of others inrebellion (participant); and

ART. 134. REBELLION OR INSURRECTION

ART. 133. OFFENDING RELIGIOUS FEELINGS


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3. Any person who in fact directed the others,spoke for them, signed receipts and otherdocuments issued in their name, orperformed similar acts, on behalf of therebels (person deemed leader when leader

is unknown)

NOTES:

• Rebellion is the term used where the objectof the movement is completely tooverthrow and supersede the existinggovernment.

• Insurrection refers to a movement whichseeks merely to effect some change ofminor importance to prevent the exerciseof governmental authority w/ respect toparticular matters or subjects.

• Purpose of the uprising must be shown

but it is not necessary that it beaccomplished.

• If there is no public uprising, the crime isdirect assault.

• Mere giving of aid or comfort is notcriminal in the case of rebellion. Theremust be ACTUAL participat ion.

• people vs. Hernandez ruling: rebellioncannot be complexed with ordinarycrimes done pursuant to it

• people vs. Geronimo ruling: crimes donefor private purposes without politicalmotivation should be separatelypunished

• Enrile vs. Salazar ruling: upheldHernandez

• Thus: Rebellion absorbs other crimescommitted in furtherance of rebellion.Illegal possession of firearms infurtherance of rebellion is absorbed bythe crime of rebellion. A private crime may be committed during rebellion. Rape, even if not in furtherance ofrebellion cannot be complexed withrebellion.

• Rebellion is a continuing crime along withthe crime of conspiracy or proposal tocommit rebellion.

• If killing or robbing were done for privatepurposes or for profit, without anypolitical motivation, the crime would

• be separately be punished and would notbe embraced by rebellion (People v.Fernando).

• If the leader is unknown, a person isdeemed a leader of rebellion if he: a.directed the others, b. spoke for them,

c. signed receipts and other documentsissued in their name, and d. performedsimilar acts on behalf of the rebels.

• Diverting public funds is malversationabsorbed in rebellion.

•

Public officer must take active part, becausemere silence or omission is notpunishable as rebellion.

• In rebellion, it is not a defense that theaccused never took the oath ofallegiance, or that they never recognizedthe government.

ELEMENTS: 1. Offender is a person or persons belonging to

the military, or police or holding any publicoffice or employment,

2. Committed by means of swift attack,accompanied by violence, intimidation,threat, strategy or stealth;

3. Directed against:a. duly constituted authorities of the

Philippinesb. any military camp or installationc. communication networks, public

utilities or other facilities needed forthe exercise and continuedpossession of power

4. For the purpose of seizing or diminishingstate power .

PERSONS LIABLE: 1. Any person who leads or in any manner

directs or commands others to undertakecoup d’etat (leaders);

2. Any person in the government service whoparticipates or executes directions orcommands of others in undertaking coupd’etat (participants from government);

3. Any person not in the government servicewho participates, or in any manner, supports,finances, abets, or aids in undertaking a coup

d’etat (participants not from government);and

4. Any person who in fact directed the others,spoke for them, signed receipts and otherdocuments issued in their name, orperformed similar acts, on behalf of therebels (deemed leader if leader is unknown)

ART. 134 – A. COUP D’ ETAT


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Page

TREASON (114) REBELLION (134) COUP D’ETAT (134-A) SE

Nature of

Crime

National Security Public Order Public Order Public Ord

Overt acts

Levying war against thegov’t;

OR Adherence and givingaid or comfort toenemies

Public uprising AND

Taking up arms againstthe gov’t

Attack against authorities,military camp, networks orpublic utilities, or other facilitiesfor power

Rising puband tumult(morethan 3 menprovided wmeans of v

Purpose Deliver the gov’t to the

enemy during war

Removing territory , or

body of armed forces, ordepriving the ChiefExecutive or Legislature

Seizing or diminishing state

power.

See enume


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WHO ARE LIABLE AND PENALTIES:

REBELLION:1. Leaders – reclusion perpetua2. Participants – reclusion temporal3. Deemed leader – reclusion perpetua

COUP D’ETAT:1. Leaders – reclusion perpetua2. Participants (gov’t) – reclusion temporal3. Participants (not gov’t) – prision mayor4. Deemed leader – reclusion perpetua

ELEMENTS OF CONSPIRACY: 1. Two or more persons come to an agreement

to rise publicly and take arms against thegovernment;

2. For any of the purposes of rebellion; and3. They decide to commit it.

ELEMENTS OF PROPOSAL: 1. A person who has decided to rise publicly

and take arms against the government;

2. For any of the purposes of rebellion; and3. Proposes its execution to some other

person/s.

PROPOSAL TOCOMMIT

REBELLION

INCITING TOREBELLION

In both, the offender induces another tocommit rebellion

In both, the crime of rebellion should not becommitted by the persons to whom it isproposed or who are incited.

If they commit rebellion because of the

proposal or inciting, the proponent or the oneinciting may become a principal by inducementin the crime of rebellion.

The person whoproposes has decidedto commit rebellion.

It is not required thatthe offender hasdecided to commitrebellion.

The person whoproposes theexecution of the crimeuses secret means.

The act of inciting isdone publicly.

NOTES:

• Organizing a group of soldiers, solicitingmembership in, and soliciting funds for theorganization show conspiracy to overthrow

the government.• The mere fact of giving and rendering

speeches favoring Communism would notmake the accused guilty of conspiracy ifthere is no evidence that the hearers thenand there agreed to rise up in arms against the government.

• The advocacy of Communism orCommunistic theory is not a criminal actof conspiracy unless converted intoadvocacy of action.

• Only when the Communist advocates action andactual uprising, war or otherwise, does he

become guilty of conspiracy to commitrebellion. (People vs. Hernandez

ACTS PUNISHABLE:

1. Failing to resist rebellion by all the meansin their power; or

2. Continuing to discharge the duties of theiroffices under the control of rebels; or

3. Accepting appointment to office under

rebels.

NOTES:

• There must be actual rebellion for this crimeto be committed.

• It must not be committed in conspiracywith rebels or coup plotters for this crimeto be committed.

• If position is accepted in order to protect thepeople, not covered by this article.

ELEMENTS: 1. That the offender does not take arms or is

not in open hostility against the government;2. That he incites others to the execution of any

of the acts of rebellion; and3. That the inciting is done by means of

speeches, proclamations, writings, emblems,banners or other representations tending tothe same end.

ART. 135. PENALTY FOR REBELLION,INSURRECTION OR COUP D’ ETAT

ART. 137. DISLOYALTY OF PUBLICOFFICERS OR EMPLOYEES

ART. 138. INCITING TO REBELLION OR

INSURRECTION

ART. 136. CONSPIRACY AND PROPOSAL TOCOMMIT COUP D’ ETAT, REBELLION ORINSURRECTION


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NOTES:

Inciting must have been intentionallycalculated to seduce others to rebellion.

In both proposal to commit rebellion and ininciting to rebellion, rebellion should

not actually be committed by thepersons to whom it was proposed, or whowere incited. If they commit rebellionbecause of the proposal or incitement, theproponent, or the one inciting maybecome a principal by inducement inthe crime of rebellion.

PROPOSAL TOCOMMIT REBELLION

(136)

INCITING TOREBELLION (138)

The person whoproposes has decided to

commit rebellion.

Not required thatthe offender has

decided to commitrebellion.

The person whoproposes the executionof the crime uses secretmeans.

The inciting is donepublicly.

ELEMENTS: 1. That the offenders rise –

a. Publicly; andb. Tumultuously;

2. That they employ force, intimidation, or othermeans outside of legal methods; and

3. That the offenders employ any of thosemeans to attain any of the following objects:

a. to prevent the promulgation orexecution of any law or the holding ofany popular election;

b. to prevent the national government, orany provincial or municipalgovernment, or any public officerthereof from freely exercising its or hisfunctions, or prevent the execution of

any administrative order;c. to inflict any act of hate or revenge

upon the person or property of anypublic officer or employee;

d. to commit for any political or socialend, any act of hate or revengeagainst private persons or any socialclass; or

e. to despoil, for any political or socialend, any person, municipality or

province, or the national governmentof all its property or any part thereof.

NOTES:

Sedition is the raising of commotions or

disturbances in the State. Its ultimateobject is a violation of the public peace orat least such a course of measures asevidently engenders it. (People vs.Perez)

Tumultuous uprising means that it iscaused by more than 3 persons whoare armed or provided w/ means ofviolence.

In sedition, offender may be a private orpublic person.

Common crimes are not absorbed insedition. (People v. Umali)

Preventing election through legal means isNOT sedition.

If the purpose of the offenders is to attainthe objects of rebellion or sedition byforce or violence, but there is nopublic uprising, the crime committed isdirect assault.

There is conspiracy to commit sedition ( Art.141) but no proposal to commit sedition.

PERSONS LIABLE:1. leader of the sedition, and2. other persons participating in the sedition.

NOTE: There must be an agreement and a decisionto rise publicly and tumultuously to attain any of theobjects of sedition in order to constitute crime ofconspiracy to commit sedition.

ACTS PUNISHABLE: 1. Inciting others to the accomplishment of any

of the acts which constitute sedition bymeans of speeches, proclamations,writings , emblems etc.

2. Uttering seditious words or speeches whichtend to disturb the public peace;

ART. 139. SEDITION

ART. 141. CONSPIRACY TO COMMITSEDITION

ART. 140. PENALTY FOR SEDITION

ART. 142. INCITING TO SEDITION


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3. Writing, publishing, or circulating scurrilous[vulgar, mean, libelous] libels against thegovernment or any of the duly constitutedauthorities thereof, which tend to disturbthe public peace; or

4. Knowingly concealing such evil practices.

ELEMENTS of ACT 1: 1. That the offender does not take a direct part

in the crime of sedition;2. That he incites others to the accomplishment

of any of the acts which constitute sedition;and

3. That the inciting is done by means ofspeeches, proclamations, writing, emblems,cartoons, banners, or other representationstending to the same end.

UTTERING AND WRITING PUNISHABLE: 1. when they tend to disturb or obstruct any

public officer in executing the functions of hisoffice; or

2. when they tend to instigate others to cabaland meet together for unlawful purposes; or

3. when they suggest or incite rebelliousconspiracies or riots; or

4. when they lead or tend to stir up the peopleagainst the lawful authorities or to disturb thepeace of the community, the safety and orderof the government.

3 RULES RELATIVE TO SEDITOUS WORDS: 1. Dangerous Tendency rule2. Clear and Present Danger rule3. Balance of Interests rule

Chapter Two - CRIMES AGAINSTPOPULAR REPRESENTATION

ELEMENTS: 1. A projected or actual meeting of Congress or

any of its committees or subcommittees,constitutional commissions or committees ordivisions thereof, or of any provincial boardor city or municipal council or board; and

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

NOTE: Chief of Police and mayor who prevented themeeting of the municipal council are liable under Art.

143, when the defect of the meeting is not manifestand requires an investigation before its existence canbe determined.

ELEMENTS:1. An actual meeting of Congress or any of its

committees, constitutional commissions orcommittees or divisions thereof, or of anyprovincial board or city or municipalcouncil or board; and

2. That the offender does any of the followingactsa. he disturbs any of such meetingsb. he behaves while in the presence of

any such bodies in such a manner asto interrupt its proceedings or toimpair the respect due it.

NOTE: Complaint must be filed by member of theLegislative body. Accused may also be punished forcontempt by the legislative body.

ACTS PUNISHABLE: 1. By using force, intimidation, threats, or

fraud to prevent any member of Congressfrom attending the meeting of the assemblyor any of its committees, constitutionalcommissions or committees or divisionsthereof, or from expressing his opinions orcasting his vote.

ELEMENTS: 1. Offender uses force, intimidation,

threat or fraud2. Purpose is to prevent any member ofCongress from:

a. Attending the said meetings;b. Expressing his opinions; orc. Casting his vote.

2. By arresting or searching any member thereof while Congress is in a regular orspecial session, except in case suchmember has committed a crime punishable

ART. 143. ACTS TENDING TO PREVENT THE

MEETING OF THE ASSEMBLY AND SIMILARBODIES

ART. 144. DISTURBANCE OFPROCEEDINGS

ARTICLE 145. VIOLATION OF

PARLIAMENTARY IMMUNITY.


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under the code by a penalty higher thanprision mayor .

ELEMENTS:1. Offender is a public officer or

employee;2. He arrests or searches any memberof Congress

3. Congress, at the time of arrest orsearch is in regular or specialsession

4. member arrested o searched hasn’tcommitted a crime by a penaltyprision mayor or higher.

NOTES:

• Parliamentary immunity does not meanexemption from criminal liability, exceptfrom a crime that may arise from any speech that the member of Congress may deliver onthe floor during regular or special session.

• To be consistent with the 1987 Constitution,the phrase “by a penalty higher than prisionmayor ” in Art. 145 should be amended toread “by the penalty of prision mayor orhigher.”

Chapter Three - ILLEGAL ASSEMBLIES AND ASSOCIATIONS

2 TYPES OF ILLEGAL ASSEMBLIES: 1. Meeting attended by armed persons for the

purpose of committing any of the crimespunishable under the Revised Penal Code;REQUISITES:

1. There’s a meeting – gather or groupof persons whether fixed or moving;

2. Meeting is attended by armed

persons; and3. The purpose of meeting is to commitany of the crimes punishable underRPC

2. A meeting in w/c the audience is incited tothe commission of the crimes of treason,rebellion or insurrection, sedition orassault upon a person in authority or hisagent.

REQUISITES: 1. There’s a meeting – gather or group

of persons whether fixed or moving;2. Audience whether armed or not is

incited to the commission of the

crime of treason, rebellion orinsurrection, sedition or direct assault.

WHEN A PERSON CARRIES UNLICENSEDFIREARM IN THE 1

st ASSEMBLY:

1. Presumed that the purpose of meeting is tocommit any crime under RPC

2. Presumed that the one in possession ofunlicensed firearm is the leader or organizerof the meeting

NOTES:

Not all the persons present at the meeting ofthe first form of illegal assembly need to bearmed.

Persons liable for illegal assembly:

the organizers or leaders of the meeting

persons merely present at the meeting(except when presence is out of curiosity –not liable)

Presumptions if person present at the meetingcarries an unlicensed firearm:

purpose of the meeting is to commit actspunishable under the RPC

considered as leader or organizer of themeeting

2 KINDS OF ILLEGAL ASSOCIATIONS: 1. Organizations totally or partially organized for

the purpose of committing any of thecrimes in RPC; or

2. For some purpose contrary to publicmorals.

PERSONS LIABLE:1. founders, directors and president of the

association; and2. mere members of the association

ILLEGAL ASSEMBLY(146)

ILLEGAL ASSOCIATION (147)

Must be an actual meetingof armed persons to commitany of the crimes punishable

No need for such

ART. 146. ILLEGAL ASSEMBLIES ARTICLE 147. ILLEGAL ASSOCIATIONS


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under the RPC, or ofindividuals who, although notarmed, are incited to thecommission of treason,rebellion, sedition or assault

upon a person in authority ofhis agent.

It is the meeting and theattendance at such that arepunished

Act of forming ororganizing andmembership in theassociation ispunished

Persons liable: leaders andthose present

Founders,directors, presidentand members

Chapter Four - ASSAULT, RESISTANCE AND DISOBEDIENCE

2 WAYS TO COMMIT DIRECT ASSAULT:1. Without public uprising, by employing force

or intimidation for attainment of any of thepurposes enumerated in defining the crimes

of rebellion and sedition (first form)

ELEMENTS: 1. Offender employs force or

intimidation ;2. Aim of offender is to attain any of the

purposes of the crime of rebellionand sedition; and

3. That there is no public uprising.

2. Without public uprising, by attacking, byemploying force or by seriouslyintimidating or by seriously resisting any

person in authority o any of his agents, whileengaged in the performance of official duties,or on the occasion of such performance.(second form).

ELEMENTS: 1. Offender (a) makes an attack, (b)

employs force, (c) makes a seriousintimidation , or (d) makes a seriousresistance;

2. Person assaulted is a person inauthority or his agent;

3. At the time of the assaul t theperson in authority or his agent

a. is engaged in the actual

performance of official duties (motive is not essential); orb. is assaulted by reason of the

past performance of officialduties (motive is essential);

4. That the offender knows that theone he is assaulting is a person inauthority or his agent (with intentionto offend, injure or assault); and

5. No public uprising.

FORCEEMPLOYED

INTIMIDATION/RESISTANCE

Person in Author ity

Need not beserious

Serious

Agent Must be ofserious character

Serious

NOTES: General Rule: Direct assault is always complexedwith the material consequence of the act (Ex. directassault with murder).

Exception: If resulting in a light felony, theconsequent crime is absorbed.

• The force employed need not be serious when the offended party is a person inauthority (Ex. Laying of hands).

• The intimidation or resistance must beserious whether the offended party is anagent only or a person in authority (Ex.Pointing a gun).

• A person in authori ty is any person directlyvested with jurisdiction (power or authorityto govern and execute the laws) whether asan individual or as a member of some courtor governmental corporation, board, or

commission. Examples: A barangay captain,a Division Superintendent of Schools,President of Sanitary Division and a teacher.

• An agent is one who, by direct provision oflaw or by election or by appointment bycompetent authority, is charged with themaintenance of public order and theprotection and security of life andproperty . Examples: Barrio councilman andany person who comes to the aid of theperson in authority, policeman, municipal

ART. 148. DIRECT ASSAULT


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treasurer, postmaster, sheriff, agents of theBIR, Malacañang confidential agent.

• Even when the person in authority or theagent agrees to fight, direct assault is stillcommitted.

•

When the person in authority or the agentprovoked/attacked first, innocent party isentitled to defend himself and cannot be heldliable for assault or resistance nor forphysical injuries, because he acts inlegitimate self-defense.

• There can be no assault upon ordisobedience to one’s authority by anotherwhen they both contend that they were inthe exercise of their respective duties.

• When assault is made by reason of theperformance of his duty there is no need foractual performance of his official duty when

attacked.• Direct assault cannot be committed during

rebellion.

• Direct assault may be committed upon aprivate person who comes to the aid of aperson in authority since he is thenconsidered an agent of a person in authority.

QUALIFYING CIRCUMSTANCES: 1. when the assault is committed with a

weapon;2. when the offender is a public officer or

employee; or3. when the offender lays hand upon a person

in authority

ELEMENTS: 1. The direct assault is committed against an

agent of a person in authority;2. That the offended party comes to the aid of

such agent of a person in authority; and3. That the offender makes use of force or

intimidation upon the said offended party.

NOTES:

Indirect assault can be committed onlywhen a direct assault is also beingcommitted.

To be indirect assault, the person whoshould be aided is the agent and notthe person in authority. In the lattercase, it is already direct assault.

According to Art 152: The personcoming to the aid of the person in

authority is considered an agent and anattack on the latter is already directassault.

ACTS PUNISHABLE: 1. Disobedience w/o legal excuse to

summons issued by the Congress or any ofits committees or subcommittees;

2. Refusal of any person present before alegislative or constitutional body or official to:

(a) to be sworn or placed under affirmation;(b) to answer any legal inquiry; or (3) toproduce books, documents, records etc.when required to do so by the said bodies inthe exercise of their functions;

3. Restraining another from attending aswitness in such body; or

4. Inducing disobedience to a summons orrefusal to be sworn.

ELEMENTS – RESISTANCE & SERIOUSDISOBEDIENCE (par. 1):

1. That a person in authority or his agent isengaged in the performance of official duty orgives a lawful order to the offender;

2. That the offender resists or seriouslydisobeys such person in authority or hisagent; and

3. That the act of the offender is not included inthe provisions of arts. 148, 149 and 150.

ELEMENTS – SIMPLE DISOBEDIENCE (par. 2)

1. That an agent of a person in authority isengaged in the performance of official dutygives a lawful order to the offender;

2. That the offender disobeys such agent of aperson in authority; and

3. That such disobedience is not of a seriousnature.

ARTICLE 149. INDIRECT ASSAULT

ARTICLE 150. DISOBEDIENCE TO SUMMONS

ISSUED BY THE NATIONAL ASSEMBLY, ITSCOMMITTEES OR SUBCOMMITTEES, BY THE

CONSTITUTIONAL COMMISSIONS, ITSCOMMITTEES, SUBCOMMITTEES OR

DIVISIONS

ARTICLE 151. RESISTANCE ANDDISOBEDIENCE TO A PERSON IN AUTHORITY

OR THE AGENTS OF SUCH PERSON


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NOTES:

While being arrested and there’s seriousresistance, person resisting must know thatthe one arresting him is an officer

Picketing (economic coercion) must be lawful

otherwise police can disperse them Disobedience in 2

nd par. must not be serious.

Otherwise it will fall under the 1st par.

Resistance mustn’t be serious otherwise it’sdirect assault.

DIRECT ASSAULT(148)

RESISTANCE &DISOBEDIENCE TO APERSON IN AUTHORITY(PIA) OR AGENTS OFSUCH PERSON (151)

PIA or his agent

must be engaged inthe performance ofofficial duties or thathe is assaulted byreason thereof

PIA or his agent must be

in theactual performanceof his duties.

Direct assault iscommitted in 4ways – by attacking,employing force,seriouslyintimidating, andseriously resisting aPIA or his agent.

Committed by resisting orseriously disobeyinga PIA or his agent.

Use of force againstan agent of PIA mustbe serious anddeliberate.

Simple disobedience –force against an agent ofa PIA is not so serious;No manifest intention todefy the law & officersenforcing it.

PERSON IN AUTHORITY –any person directlyvested with jurisdiction, whether as an individual or

as a member of some court or governmentalcorporation, board or commission. They include:

a. Barangay captainb. Barangay chairman

For the purposes of Art. 148 and 151:a. Teachersb. Professorsc. Persons charged with the supervision of

public or duly recognized private schools,colleges and universities

d. Lawyers in the actual performance of theirprofessional duties or on the occasion of suchperformance

AGENT OF PERSON IN AUTHORITY –any person

who, by direct provision of law or by election or byappointment by competent authority, is charged withthe maintenance of public order and the protectionand security of life and property. They include:

a. Barrio councilmanb. Barrio policemanc. Barangay leaderd. Any person who comes to the aid of persons

in authorityNotes:

• Section 388 of the Local Gov’t. Code provides that for purposes of the RPC, thepunong barangay, sangguniangbarangay members and members ofthe lupong tagapamayapa in eachbarangay shall be deemed as persons inauthority in their jurisdictions.

• Other barangay officials and members whomay be designated by law or ordinanceand charged with the maintenance ofpublic order, protection and the security oflife, property, or the maintenance of adesirable and balanced environment, andany barangay member who comes to theaid of persons in authority shall bedeemed agent of persons in authority.

• It seems that teachers, professors, lawyers

etc could be considered as persons inauthority not only for Arts. 148 and 151but also for Art 149 (L.B. Reyes)

Chapter Five - PUBLIC DISORDERS

TUMULTS AND OTHER DISTURBANCES:1. Causing any serious disturbance in a

public place, office or establishment;2. Interrupting or disturbing public

performances, functions, gatherings orpeaceful meetings, if the act is not included

ARTICLE 152. PERSONS IN AUTHORITY AND AGENTS OF PERSONS IN AUTHORITY – WHO

SHALL BE DEEMED AS SUCH

ARTICLE 153. TUMULTS AND OTHERDISTURBANCES OF PUBLIC ORDER –

TUMULTUOUS DISTURBANCE OR

INTERRUPTION LIABLE TO CAUSEDISTURBANCE


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in Art 131 and 132 (Public Officersinterrupting peaceful meetings or religiousworship);

3. Making any outcry tending to inciterebellion or sedition in any meeting,

association or public place;4. Displaying placards or emblems whichprovoke a disturbance of public order insuch place;

5. Burying with pomp the body of a personwho has been legally executed.

NOTES:

• If the act of disturbing or interrupting ameeting or religious ceremony is not

committed by public officers, or ifcommitted by public officers who areparticipants therein, this article applies. Art131 and 132 punishes the same acts ifcommitted by public officers who are notparticipants in the meeting.

• The outcry is merely a public disorder if itis an unconscious outburst which,although rebellious or seditious in nature, isnot intentionally calculated to induceothers to commit rebellion or sedition,otherwise, it is inciting to rebellion orsedition.

• Qualifying circumstance – if it isTUMULTUOUS

ACTS PUNISHABLE: Publishing or causing to be published, by

means of printing, lithography or any othermeans of publication as news any false

news that may endanger the public order,or cause damage to the interest or creditof the State.

1. Encouraging disobedience to the law or tothe constituted authorities or by praising,

just ifying or extol ling any act punished bylaw , by the same means or by words,utterances or speeches.

2. Maliciously publishing or causing to bepublished any official resolution ordocument without proper authority, or

before they have been publishedofficially.

3. Printing, publishing or distributing or(causing the same) books, pamphlets,periodicals or leaflets which do not bear the

real printer’s name, or which areclassified as anonymous.

ACTS PUNISHABLE:1. Discharging any firearm, rocket, firecracker,

or other explosive within any town orpublic place, calculated to cause alarm ordanger.

2. Instigating or taking active part in any

charivari or other disorderly meetingoffensive to another or prejudicial to publictranquility.

3. Disturbing the public peace whilewandering about at night or while engagedin any other nocturnal amusement.

4. Causing any disturbance or scandal inpublic places while intoxicated or otherwise,provided the act is not covered by Art 153(tumult).

NOTES:

• Charivari is a mock serenade or discordant

noises made with kettles, tin horns etc.,designed to deride, insult or annoy.

• Firearm must not be pointed at a person ,otherwise, it is illegal discharge of firearm (Art. 254).

• What governs is the result, not the intent ofthe offender.

ELEMENTS:

1. That there is a person confined in a jail or

penal establishment;2. That the offender removes therefrom such

person, or helps the escape of such person.

NOTES:

• Prisoner may be detention prisoner or onesentenced by virtue of a final judgment.

• Escapee, if already serving final judgment,will in turn be held liable for evasion ofsentence (Art. 157).

TUMULTUOUS - caused by more than 3persons who are armed or provided withmeans of violence.

ARTICLE 156. DELIVERING PRISONERS

ARTICLE 154. UNLAWFUL USE OF MEANS OFPUBLICATION AND UNLAWFUL

UTTERANCES

ARTICLE 155. ALARMS AND SCANDALS


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• If merely detention prisoner he is notcriminally liable.

• The offender is an outsider to the jail. If theoffender is a public officer or a privateperson who has custody of the prisoner

and who helps a prisoner under his custody, Arts. 223 (infidelity in the custody of aprisoner) and 225 (escape of prisoner undercustody of private person) will apply,respectively.

• This felony may also be committed throughimprudence or negligence.

• Circumstance qualifying: use of violence,intimidation or bribery.

• Mitigating circumstance: if it takes placeoutside the penal establishment by takingthe guards by surprise.

Chapter Six – EVASION OF SENTENCE ORSERVICE

ART 157. EVASION OF SERVICE OF SENTENCE

ELEMENTS:

1. That the offender is a convict by final judgment;

2. That he is serving his sentence whichconsists in deprivation of liberty (destierro

included); and3. That he evades the service of his sentenceby escaping during the term of his sentence.

NOTES:

• This is a continuing o ffense.

• This article does not apply to minordelinquents, detention prisoners, ordeportees.

• If the offender escaped within the 15-dayappeal period, crime is not evasion because judgment is not yet final.

• Circumstances qualifying the offense:

Evasion of sentence was done through:• unlawful entry (by “scaling”);

• breaking doors, windows, gates, walls, roofs orfloors;

• using picklocks, false keys, disguise, deceit,violence or intimidation; or

• connivance with other convicts or employees ofthe penal institution.

ELEMENTS: 1. That the offender is a convict by final judgment who is confined in a penalinstitution.

2. That there is disorder , resulting from:a. conflagration,b. earthquake,c. explosion,d. similar catastrophe, ore. mutiny in which he has not

participated;3. That the offender evades the service of his

sentence by leaving the penal institutionwhere he is confined, on the occasion ofsuch disorder or during the mutiny; and

4. That the offender fails to give himself up tothe authorities within 48 hours followingthe issuance of a proclamation by theChief Executive announcing the passingaway of such calamity.

NOTES:

• Penalty of commission of this felony is an increase by 1/5 of the time remaining t obe served under the original sentence, inno case to exceed 6 months.

• The special allowance for loyalty (i.e.

deduction of sentence) authorized by Articles 98 and 158(2

nd paragraph) refers

to those convicts, who having evaded theservice of their sentences by leaving thepenal institution, give themselves upwithin 48 hours.

• A mutiny is an organized unlawful resistanceto a superior officer, a sedition, or a revolt.Disarming the guards is not mutiny.

ELEMENTS: 1. That the offender was a convict;2. That he was granted a conditional pardon

by the chief executive; and3. That he violated any of the conditions of

such pardon.

TWO PENALTIES:1. prision correccional in its minimum period – if

the penalty remitted does not exceed 6years.

ARTICLE 158. EVASION OF SERVICE OFSENTENCE ON THE OCCASION OFDISORDERS, CONFLAGRATIONS,

EARTHQUAKES, OR OTHER CALAMITIES

ARTICLE 159. OTHER CASES OF EVASION OFSERVICE OF SENTENCE


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2. the unexpired portion of his originalsentence – if the penalty remitted is higherthan 6 years.

NOTES:

•

Offender must have been found guilty of thesubsequent offense (through w/c heviolated his conditional pardon) before hecan be prosecuted under this Article. Butunder the Revised Admin. Code, noconviction is necessary. President hasthe power to arrest, and reincarcerateoffender without tri al.

• When the penalty remitted is destierro, underno circumstance may the penalty for theviolation of conditional pardon be destierro.

Chapter Seven – COMMISSION OF ANOTHER CRIME

ART. 160. COMMISSION OF ANOTHER CRIMEDURING SERVICE OF PENALTY IMPOSED FOR ANTOHER PREVIOUS OFFENSE - PENALTY

NOTE: this article provides for quasi-recidivism

ELEMENTS:1. That the offender was already convicted by

final judgment of one offense; and2. That he committed a new felony before

beginning to serve such sentence orwhile serving the same.

NOTES:

• Quasi-recidivism is a special aggravatingcircumstance where a person, after havingbeen convicted by final judgment, shallcommit a new felony before beginning toserve such sentence, or while serving thesame.

• Second crime must belong to the RPC, notspecial laws. First crime may be eitherfrom the RPC or special laws.

• The aggravating circumstance of reiteracion, on the other hand, requires thatthe offender shall have served out hissentence for the prior offense.

• General Rule: A quasi-recidivist may bepardoned at age 70… Exception: Unworthy,or habitual delinquent

• If new felony is evasion of sentence,offender is not a quasi-recidivist.

• The penalty: maximum period of thepenalty for the new felony should beimposed. Mitigating circumstance can onlybe appreciated if the maximum penalty isdivisible.

• Quasi-Recidivism may be offset by aspecial privileged mitigating circumstance.(Ex. Minority)

TITLE FOURCRIMES AGAINST PUBLIC INTEREST

Chapter One – Forgeries

ACTS PUNISHABLE: 1. Forging the great seal of the Government ;2. Forging the signature of the President; or3. Forging the stamp of the President.

NOTE: When the signature of the President is forged,it is not falsification but forging of signature under thisarticle.

ELEMENTS:

1. That the great seal of the Republic wascounterfeited or the signature or stamp of thechief executive was forged by anotherperson;

2. That the offender knew of thecounterfeiting or forgery; and

3. That he used the counterfeit seal or forgedsignature or stamp.

ARTICLE 161. COUNTERFEITING THE GREATSEAL OF THE GOVERNMENT OF THEPHILIPPINE ISLANDS, FORGING THE

SIGNATURE OR STAMP OF THE CHIEFEXECUTIVE

ARTICLE 162. USING FORGED SIGNATUREOR COUNTERFEIT SEAL OR STAMP


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NOTE: Offender is NOT the forger or the cause ofthe counterfeiting

ELEMENTS:

1. That there be false or counterfeited coins(need not be legal tender);

2. That the offender either made, imported oruttered such coins; and

3. That, in case of uttering such false orcounterfeited coins, he connives withcounterfeiters or importers.

NOTES:

• A coin is counterfeit, if it is forged, or if it is notauthorized by the government as legaltender, regardless if it is of intrinsic value.

• Counterfeiting is the imitation of legal orgenuine coin such as to deceive an ordinaryperson in believing it to be genuine.

• To utter is to pass counterfeited coins, deliveror give away.

• To import is to bring them into port.Importation is complete even before entry atthe Customs House.

• This article also applies to Philippine coins,foreign state coins, and coins withdrawn

from circulation. This does not require thatthe coins counterfeited be legal tender.

This has been repealed by PD 247.

ACTS PUNISHABLE (PD 247): 1. willful defacement2. mutilation

3. tearing4. burning5. destruction of Central Bank notes and coins

NOTES:

• Mutilation is to take off part of the metaleither by filing it or substituting it foranother metal of inferior quality, todiminish by ingenious means themetal in the coin.

• Foreign notes and coins not includedunder this article. Mutilation must be ofPhilippine legal tender.

• There must be intention to mutilate

ACTS PUNISHABLE: 1. Possession of a coin, counterfeited or mutilated

by another person, with intent to utter the same,knowing that it is false or mutilated.

ELEMENTS: 1. possession2. with intent to utter, and3. knowledge

2. Actually ut ter ing such false or mutilated coin,knowing the same to be false or mutilated.

ELEMENTS:1. actually uttering, and2. knowledge

NOTES:

• Possession or uttering does not require thatcoins be legal tender.

• Crime under this article includes constructivepossession or the subjection of the thing to

ones’ control.• R.A. 427 punishes possession of silver or

nickel coins in excess of P50.00. It is ameasure of national policy to protect thepeople from the conspiracy of those hoardingsilver or nickel coins and to preserve andmaintain the economy.

ACTS PUNISHABLE: 1. Forging or falsification of treasury or bank

notes or documents payable to bearer ;2. Importing of such notes; or3. Uttering of such false or forged obligations

and notes in connivance with forgers andimporters.

ARTICLE 163. MAKING AND IMPORTING AND

UTTERING FALSE COINS

ARTICLE 164. MUTILATION OF COINS –IMPORTATION AND UTTERANCE OF

MUTILATED COINS

ARTICLE 165. SELLING OF FALSE ORMUTILATED COIN, WITHOUT CONNIVANCE

ARTICLE 166. FORGING TREASURY OR BANKNOTES, OBLIGATIONS AND SECURITIES;

IMPORTING AND UTTERING FALSE ORFORGED NOTES, OBLIGATIONS AND

SECURITIES


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NOTES:

• Forging is committed by giving a treasury orbank note or document payable to beareror order an appearance of a true andgenuine document.

•

Falsification is committed by erasing,substituting, counterfeiting or altering byany means the figures and letters, words,signs contained therein. Example:falsifying lotto or sweepstakes ticketconstitutes the complex crime ofattempted estafa through falsification of agovernment security.

• Forging PNB checks is not includedunder this article. That is falsificationof commercial document under Article172.

• Obligation or security includes bonds,

certificate of indebtedness, bills, nationalbank notes, coupons, treasury notes,certificates of deposit, checks, drafts formoney, and sweepstakes money.

ELEMENTS: 1. That there be an instrument payable to

order or other document of credit not

payable to bearer;2. That the offender either forged, imported or

uttered such instruments; and3. That in case of uttering, he connived with

the forger or importer .

Elements:

1. That any treasury or bank note or certificateor other obligation and security payable tobearer , or any instrument payable to order or other document of credit not payable tobearer is forged or falsified by anotherperson;

2. That the offender knows that any of thoseinstruments is forged or falsified; and

3. That he performs any of these acts:a. using any of such forged or falsified

instruments, or

b. possessing with intent to use any ofsuch forged or falsified instruments.

• The act sought to be punished is knowinglypossessing with intent to use any of such forged

treasury or bank notes.• The accused has the burden to give a

satisfactory explanation of his possession offorged bills. Mere possession of false money bill,without intent to use it to the damage of another,is not a crime.

HOW FORGERY IS COMMITTED:a. by giving to a treasury or bank note or any

instrument payable to bearer or to order, theappearance of a true and genuinedocument ;

b. by erasing, substituting, counterfeiting,altering by any means the figures, letters orwords, or signs contained therein.

• If all acts are done but genuine appearance isnot given, the crime is frustrated.

• P.D. No. 247 punishes the willful defacement,mutilation, tearing, burning, or destruction in anymanner of currency notes or coins issued by theCentral Bank of the Philippines.

ELEMENTS:

1. That there be a bill, resolution, orordinance enacted or approved or pendingapproval by Congress or any provincial boardor municipal council;

2. That the offender (any person) alters thesame;

3. That he has no proper authority therefor;

and4. That the alteration has changed themeaning of the document.

• Accused must not be a public officialentrusted with the custody or possession ofsuch document, otherwise Art. 171 applies.

• There can be no falsification through recklessimprudence as that will be inconsistent with theelement of intent to cause damage in said crime.

ARTICLE 169. HOW FORGERY IS COMMITTED

ARTICLE 170. FALSIFICATION OFLEGISLATIVE DOCUMENTS

ARTICLE 167. COUNTERFEITING, IMPORTING, AND UTTERING INSTRUMENTS NOT

PAYABLE TO BEARER

ARTICLE 168. ILLEGAL POSSESSION ANDUSE OF FALSE TREASURY OR BANK NOTES

AND OTHER INSTRUMENTS OF CREDIT


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ELEMENTS:1. That the offender is a public officer, employee,

or notary public.2. That he takes advantage of his official

position.a. He has the duty to make or to prepare or

otherwise to intervene in the preparation ofthe document; or

b. He has the official custody of the documentwhich he falsifies

3. That he falsifies a document by committing anyof the following acts:a. Counterfeiting or imitating any handwriting,

signature or rubric.b. Causing it to appear that persons have

participated in any act or proceeding whenthey did not in fact so participate

c. Attributing to persons who have participatedin an act or proceeding statements other thanthose in fact made by them.

d. Making untruthful statements in a narration offacts.

e. Altering true dates.f. Making any alteration or intercalation in a

genuine document which changes itsmeaning.

g. Issuing in authenticated form a documentpurporting to be a copy of an originaldocument when no such original exists, orincluding in such copy a statement contraryto, or different from, that of the genuineoriginal.

h. Intercalating any instrument or note relativeto the issuance thereof in a protocol, registryor official book.

4. In case the offender is an ecclesiasticalminister , the act of falsification is committed withrespect to any record or document of suchcharacter that its falsification may affect the

civil status of persons.

PERSONS WHO MAY BE HELD LIABLE 1. Public officer, employee, or notary public

who takes advantage of his official position2. Ecclesiastical minister if the act of

falsification may affect the civil status ofpersons

3. Private individual, if in conspiracy withpublic officer

ACTS OF FALSIFICATIONa. Counterfeiting or imitating any

handwriting, signature or rubric .

COUNTERFEITING

ELEMENTS:1) That there be an intent to imitate, oran attempt to imitate; and

2) That the two signatures orhandwritings, the genuine and theforged, bear some resemblance, toeach other.

• Lack of similitude/imitation of agenuine signature will not be aground for conviction

ateneo 2007 criminal law (book 2) part 1.pdf

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