Art 134
Rebellion or insurrection(RA.
6968)
Elements
1. That there be public uprisinf and takinf arms
agaist the Government.
2. That the purpose of the uprising or movement
is either
a.
The
territory of the Phil. or any part thereof; or
b.
Any of
the body of land, naval, or other armed forces; or
c.
Deprive
the chief executive or congress, wholly or partially of any of their power or
prerogative
Rebellion-
is more frequently used where the object of the movement is completely to
overthrow and supersede the existing
government
Insurrection-
is more commonly employed in reference to a movement which seek merely to
effect some change of minor importance or to prevent the exercise of the
government authority with respect to particular matter or subject
Art 134-A
Coup d’etat
Elements:
1. That the offender is a person or persons
belonging to military or police or holding any public office or employee.
2. That it
is committed by means of a swift attack accompanied by violence, intimidation,
threat, strategy or stealth.
3. That the attack is directed against duly
constituted authorities of the Republic of the Philippines or any military camp
or installation, communication network, public utilities or other facilities
needed for the exercise and continued possession of power
4. That the purpose of the attack is to seize or
diminish state power.
Art 135
Penalty for rebellion,
insurrection or coup d’etat- any person who promote, maintain, or heads
rebellion or insurrection shall suffer the penalty of reclusion perpetua
Any person merely
participating or executing the commands of other in rebellion or insurrection
shall suffer the penaty of reclusion perpetua
Any person who leads or in
any member directs or commands other undertake coup d’etat shall suffer the
penalty of reclusion perpetua.
Any person in the government
service who participate or in any manner support, finance, abets or aid in
undertaking coup d’etat shall suffer the penalty of prison mayor in its maximum
period.
When the rebellion, insurrection or coup d’etat shall be
under the command of unknown leaders any person who in fact directed the
others, spoke for them, signed performed similar acts, on behalf of the rebels,
shall be deemed a leader of such rebellion, insurrection coup d’etat
The ff. liable for
rebellion, insurrection and coup d’ etat
A. The leaders
i.
Any
person who (a) promote (b) maintains (c) heads a rebellion or insurrection; or
ii.
Any
person who (a) leads, (b) direct (c) commands others to undertake a coup d’etat
B. The participant
i.
Any
person who (a) participate or (b) executes the commands of others in rebellion
or insurrection
ii.
Any person
in the government service who (a) participate or (b) support(c) finances (d)
abets or (e) aid in undertaking a coup d’etat
Public officer must take
active part to be liable, mere silence or omission not punishable in rebellion
Person on command, directed
them spoke for them
Killed person would be
rebellion not murder if its movement is to overthrow the government.
Membership is rebel
organization does not automatically quality criminal acts as absorbed in
rebellion.
Art136
Conspiracy and proposal to
commit coup d’etat, rebellion or insurrection – the conspiracy and proposal to
commit coup d’etat shall be punished by prison mayor in its maximum period and
a fine which shall not exceed eight thousand (8,000)
The conspiracy and proposal to commit rebellion or
insurrection shall be punished, respectively by prison correctional in its
maximum period and a fine which shall not exceed fine thousand and by prison
correctional in its medium period and a fine not exceeding two thousand pesos
(2,000)
2 crimes
1. Conspiracy to commit rebellion
2. Proposal to commit rebellion
Art 137
Disloyal of public officer
or employees. The penalty of Prison correctional in its minimum period
Acts
1. By failing to resist a rebellion by all means
in thoer power
2. By committing to discharge the duties of their
officer under the control of the rebels
3. By accepting appointment to office under them
Art 138
Inciting to rebellion or
insurrection – the penalty of prison mayor in its minimum period
Element
1. That the offender does not take arms or is not
in open hostility against the government
2. That he incites other to the execution of any
of the act of rebellion
3. That the inciting is done by means of
speeches, proclamation, writings, emblems, banners, or other representations
tending to the same end.
Art 139
Sedition
Element
1. That the offender rise (a) publicly and (b)
tumultuously;
2. That the offender employys any those means to
attain any of the following obejcct
a.
To
prevent the promulgation or execution of any law or holding any popular
election
b.
To
prevent national government or any provincial, or municipal government, or any
public officer thereof from freely exercising its or his function, or prevent
the execution of any administrative order.
c.
To
inflict any act of hate and revenge upon person or property of any public
officer or employee
d.
To
commit, for any political or social end, any act of hate or revenge against
private person or any social class; and
e.
To
despoil, for any political end, any person, municipality or province, or the
national government of all its property or any part thereof;
Sedition
-
In general sense is the raising of commotions or
disturbance in the state
-
Ultimate
objective is violation of public order or at least such a course of measures as
evidently endangers it
-
Purpose political or social
Tumultuous- more than 3
persons
Art 140
Penalty for sedition – the
leader of a sedition shall suffer the penalty of prison mayor in its minimum
period and a fine not exceeding 10K
Other persons participating
therein shall suffer the penalty of prison correctional in its maximum period
and a fine not exceeding5K.
Person liable for sedition
are
1. The leader of the sedition and
2. Other person participating in the seditio
Art 141
Conspiracy to commit
sedition – persons conspiring to commit the crime of sedition shall be punished
by prison correctional in its medium period and a fine not exceeding 2K.
Art 142
Inciting to sedition – the
penalty of prison correctional in its maximum period and a fine not exceeding 2k.
(Commonwealth Act no. 202)
Element
1. That the offender does not take direct part in
the crime of sedition
2. That he incite other to the accomplishment of
any of the acts which constitute sedition
3. That the inciting is done by means of
speeches, proclamation, writings, emblems, cartoons, banners, or other
representations to the same end.
(or
circulate scurrilous libel against the Government USA or the government of
commonwealth)
Scurrilous- means low,
vulgar mean or foul
1. They tend to disturb or obstruct any unlawful
officer in executing the function of his office; or
2. They tend to instigate other to cabal and meet
together for unlawful purpose; or
3. The leader tend to stir up the people against
the lawful authorities or to disturb the peace f the community, they safely and
order of the Government.
Clear
and present danger rule
-
we have discarded dangerous tendency rule
-
There
great level of proximity between speech and evil sought to be avoided.
-
The
words must be of such a nature that by uttering them there is a danger should
be both clear and imminent.
-
Required
that there must be reasonable ground to believe that the danger apprehended is
imminent and that the evil to be prevented is a serious one. There must be the
probability of serious injury to the state
Present
– refers to the imminent and immediate danger not only eminent but likely
inevitable
Dangerous
tendency rule
-
Speeches
punishable if there is national connection between the speech and the evil
sought avoided
-
Words
used to create danger public uprising then those words could be sought of a
penal clause.
Art 143
Act tending to prevent the
meeting of the assembly and similar bodies- the penalty shall be imposed if
prison correctional and a fine ranging from 200 to 2000 pesos or both.
Elements
1. That there be a projected or actual meeting of
the national assembly of any of its committees or subcommittees, constitutional
committees, or division thereof, or of any provincial board or city or
municipal council or board.
2. That the offender who may be any person prevents
such meeting by FORCE or FRUAD.
Art 144
Disturbance of proceeding-
penalty of arrestor mayor and a fine of 200 to 1K
Element
1. That there be an actual meeting of the
national assembly of any of its committees or subcommittees, constitutional
committees, or division thereof, or of any provincial board or city or
municipal council or board.
2. That the offender does any of the following
a.
He
disturbs any such meetings
b.
He
behaves while in the presence of any such bodies in such a manner as to
interrupt its proceedings or to impair the respect due it.
Art 145
Violation of parliamentary
Immunity- Prison mayor
Act
1. By using force, intimidation, threat or fraud
to prevent any member of the national assembly from
a.
Attending
the meeting of the assembly or of any of its committees, constitutional
commission or committees or division thereof or from.
b.
Expressing
his opinion or
c.
Casting
his vote
Elements
1.
That
the offender uses force, intimidation, treqt or fraud
2.
That
the purpose of the offender is to prevent any member of the National Assembly
from
a.
Attending
the meeting of the assembly or of any of its committees or constitutional
commission etc; or
b.
Expressing
his opinion or
c.
Casting
his vote
2. By arresting or searching any member thereof
while the national assembly is in regular or special session, except in case
such member has committed a crime punishable under the code by a penalty higher
than prison mayor
Elements
(1)
That
the offender is a public officer or employee
(2)
That he
arrest or searches any member off the nation assembly
(3)
That
the Assembly at the time of arrest or search, is a regular or special session
(4)
That
the member arrested or search has not committed a crime punishable under the
code by a penalty higher than Prison Mayor
Art 146
Illegal
assemblies – Penalty of prison correctional max to Prison mayor to its medium
Arresto
Mayor if armed to Prison Correctional
1.
Any
meeting attended by armed persons for the purpose of committing any of the
crime punishable under the code
a.
That
there is a meeting, a gathering or group of persons whether in a fixed place or
moving
b.
That
the meeting is attended by armed persons;
c.
That
the purpose of the meeting is to commit it any of the crimes punishable under
the code
2.
Any
meeting in which the audience, whether armed or not , is incited to the
commission of the crime of treason, rebellion or insurrection, sedition, or
assault upon a person in authority or his agent
Requisites
a.
That there is a meeting, a gathering or group
of persons whether in affixed place or moving
b.
That
the audience, whether armed or not, is incited to the commission of the crime
of treason, rebellion or insurrection, sedition or direct assault.
This
maybe fixed or moving
Any
armed is considered leader or organizer
-
Without
license
Art
147
Illegal
Association – Prison correctional minimum and medium and a fine not exceeding
1K
What
are the Illegal associations?
1.
Associations
totally or partially organized for the purposed of committing any of the crime
punishable under the code.
2.
Association
totally or partially organized for some purpose contrary to public morals.
Person
1.
Founder
, directors, and president of the association
2.
Mere
members of the association – Arresto Mayor
RA
1700 – crime of subversion
PD
885 revised anti- subversion law
EO
167 revived RA1700 repealed PD 885 amended EO 276
RA
7636 (1992) repealed RA 1700
No
law which punishes subversion
Art 148
Direct Assault
Penalty
of Prison Correctional med and max and
a fine of 1K –weapon or lay hand
Prison
Correctional minimum period and a fine of 500
Note:
Ambassador
or public minister violation of law of nation
-
Imprisoned
not more than 3 years and fine of 200
R.A. 75
Trial
on CFI or RTC
Spirit
of lawlessness and the contempt or hatred for the authority or rule of law
Attack
– includes any offensive or antagonistic movement or action of any kind.
2
ways of committing the crime of direct assault
1.
Without
pubic uprising by employing force and intimidation for the attainment of any of
the purpose enumerated in defining the crime of rebellion or sedition
2.
Without
public uprising, by attacking, by employing force, or by seriously intimidating
or seriously resisting any person in authority or any of his agents, while
engaged in the performance of official duties or on the occasion of such
performance.
Element
of the 1st form of direct assault
1.
That
the offender employs force or intimidation
2.
That
the aim of the offender is to attain any of the purpose of the crime of
rebellion or any of the objects in the crime of sedition
3.
That
there is no public uprising
Element
of the 2nd form of direct assault
1.
That
the offender
a.
Makes
an attack
b.
Employs
force
c.
Make a
serious intimidation
d.
Make
serious resistance
2.
That
the person assaulted is a person in authority or his agent
3.
That at
the time of the assault the perso in uthority or his agent
a.
Is
engaged in the actual performace of official duties
b.
That he
is assaulted
c.
By
reason of the past performance of official duties
4.
That
the offender knows that the one he is assaulting is a person in authority or
his agent in the exercise of his duties
5.
That
there be no public uprising
If the offended party is only an agent of a
person in authority, the force employed must be of a serious character as to
indicate determination to defy the law and its representative at all hazards
Qualified
Assault
1.
Simple
assault
2.
Qualified
assault
Direct
assault is qualified
1.
When
the assault is committed with a weapon
2.
When
the offender is a public officer
3.
When
the offender lays hands upon a person in authority
Art
149
Indirect
Assault
-
The
penalty of correctional in its minimum period and a fine not exceeding 500
Element
1.
An
agent is the victim of any of the forms of direct assault defined in art 148
2.
That a
person comes to the aid of such authority or his agent
3.
That
the offender makes use of force or intimidation upon such person coming to the
aid of the authority or his agent.
Art 150
Disobedience
to summons issued by the National Assembly
-
Penalty
of Arresto Mayor fine from 200 to 1K or both such fine and imprisonment.
Element
1. By Refusing, without legal excuse, to obey
summon of the National Assembly, its special or standing committees and its
committees subcommittees, or division, or by any commission or committee
chairman or member authorized to summon witness
2. By refusing to be sworn or placed under
affirmation while being such legislative or constitutional body or body.
3. Be refusing to answer any legal inquiry or to
produce any books, papers, document or records in his possession when required
by them to do so in the exercise of their function
4. By restraining another from attending as a
witness in such legislative or constitutional body.
5. By inducing disobedience to a summons or
refusal to be sworn by such body or official.
Art
151
Resistance and disobedience to a person in
authority or the agent of such person
-
Arresto
mayor & a fine not exceeding 500
o
Person
in authority
-
Arresto
menor & fine of 10 to 100
o
Agent
Element
1. That a person in authority or his agent is
engaged in the performance of official duly or gives a lawful order to the
offender
2. That the offender resists or seriously
disobeys such person in authority or his agent.
3. That the act of the offender is not included
in the provision of art 148, 149, 150
Element of SIMPLE DISOBEDIENCE
1. That an agent of a person in authority is
engaged in the performance of official duty or gives a lawful order to the
offender
2. That the offender disobeys such agent of a
person in authority
3. That such disobedience is not of serious
nature
Art 152
Person in authority and agent of persons in
authority who shall be deemed as such – in applying the provision of the
preceding and other articles of this code, any person directly vested with
jurisdiction, whether as an individual or as member of some court or government
corporation board, or commission, shall be deemed a person in
authority. A barangay chairman and barangay captain shall also be deemed a
person in authority.
Any
person who, by direct provision of law or by election or by appointment by
competent authority, is charged with the maintenance of public order and the
protection and security of life and property, such as barrio councilman,
barangay policemen and barangay leader, and any person who comes to the aid of
person in authority shall be deemed an agent
of a person in authority.
(RA
1978)
In
applying the provision of articles 148 and 151 of this code, teachers,
professors, and person charged with the supervision of public or duly
recognized private schools, colleges and universities, and lawyers in the actual performance of their professional
duties on the occasion of such person shall be deemed person in authority
(B.P 873)
In Local Government code RA 7160 Sec 388
1. Punong Barangay
2. Barangay Kagawad
3. Members of the Lupon
·
Are
considered as agent in authority only in their jurisdiction
Art 153
Acts
1. Causing any serious disturbance in a public
place, office, or establishment;
2. Iterrupting or disturbing performances
functions or gathering or peaceful meetings, if the act is not included in art
131 and art 132
3. Making any outcry tending to incite rebellion
or sedition in any meeting, association or public peace
4. Displaying placards or emblems which provoke a
disturbance of public order in such place
5. Burying with pomp the body of a person who
have been legally executed
Outcry-
to shout subversive or provocative works tending to stir up the people to
obtain by means of force or violence any of the object of rebellion or sedition
154
Unlawful
use of means of publication and unlawful utterance.
Acts
1.
By
publishing or causing to be published by means of printing, lithography or any
other means of publication as news any false which may endanger the public
order or cause damage to the interest or credit of the state.
2.
By
encouraging disobedience to the law or to the constitutional authorities or by
praising, justifying, or extolling any act punished by law by same means or by
words, utterance or speeches
3.
By
maliciously publishing or causing to be published any official resolution or
document without proper authority, or before they have published officially
4.
By printing,
publishing or disturbing (or causing the same) books, pamphlets, periodicals,
leaflets which do not bear the real printers name or which are classified as
anonymous.
ART 155
Alarm and scandals – arresto menor or a fine
not exceeding 200 pesos shall be imposed upon
1.
Discharging
any firearms, rockets, firecrackers, or other explosive with any town or public
place, calculated to caused alarm and scandals
2.
Instigating
or taking an active part in any charivari or other disorderly meeting offensive
to another or prejudicial to public tranquility
3.
Disturbing
the public peace while wandering about at night or while engaged in any other
nocturnal amusement
4.
Causing
any disturbance or scandals in public places while intoxicated or otherwise.
CHARIVARI
– a medley of discordant voices, a mock serenade of discordant noises made on
kettles, tins, horns, etc. designed to annoy and insult.
Art 156
Delivering
person from jail- Penaltyof arresto mayor in its min period to P.C. in its
minimum period shall be imposed upon any person who shall remove from any jail
or penal establishment any person confined therein or shall help the escape of
such person
ART
157
Evasion
of service sentence
1.
That
the offender is convicted by final judgment
2.
That he
is serving which consist in deprivation of liberty
3.
That he
evade the service of his sentence by escaping during the terms of his sentence
Circumstances
qualifying
1.
By
means of unlawful entry
2.
By
breaking doors, window, gate, wall, roof, or floor
3.
By
using picklocks, false key, disguise, deceit violence or intimidation
4.
Through
connivance with other convicts or employees of the penal institution
Art
158
Evasion
of service of sentence on the occasion of disorder, conflagration, earthquake,
or other clamities
1.
That
the offender is a convict by final judgment, who is confined in a penal
institution.
2.
That
there is disorder resulting from
a.
Conflagration
b.
Earthquake
c.
Explosive
d.
Similar
catastrophe or
e.
Mutiny in which he has not participated
3.
That
the offender evades the service of his sentence by leaving the penal
institution where he is confined, on the occasion of such disorder or during
the mutiny.
4.
That
the offender fails to give himself up to the authorities within 48 hrs
following the issuance of a proclamation by the chief executive or announcing
the passing away of such calamity.
1/5
always more or less given
Art 159
Other
cases of evasion of service of sentence
Element
1.
That
the offender was a convict
2.
That he
was granted a conditional pardon by chief executive.
3.
That he
violated any of the condition of such pardon.
Two
penalties
1.
P.C. in
its minimum period- if the penalty remitted does not exceed 6 yrs.
2.
The
unexpired portion of his original sentence – if the penalty remitted is higher
than 6 yrs.
Art 160
Quasi-recidivism
1.
That
the offender was already convicted by final judgment of one offence(Special law
or RPC)
2.
That he
committed a new felony before beginning to serve such sentence or while serving
the same (RPC)
Pardon
if he reaches 70 yrs old(serenity)
No comments:
Post a Comment