Crimes Against Popular Representation Flashcards
How is Art. 143 “Acts tending to prevent the meeting of the Assembly and similar bodies” committed and who may commit it?
It can by committed by ANY person by PREVENTING, through the use of force or fraud, the meeting of:
1. The Congress.
- Any Committee or sub-committee of Congress.
- Constitutional commissions, committees or divisions thereof.
- Any provincial board.
- Any city council.
- Any municipal council or board.
How is Art. 145 “Violation of parliamentary immunity committed?
- Any person who shall use force, intimidation, threat or fraud to prevent any member of the Congress from:
A. Attending the Congress, its committees or sub-committees, Constitutional commissions, committees or divisions thereof.
B. Expressing his opinion
C. Casting his vote
- Any Public Officer or Employee who, while the Congress is in regular or special session, arrest or search any member, except in case such member has committed a crime punishable by a penalty higher than prision mayor.
What are the TWO kinds of Illegal Assembly under Art.146?
- An assembly or meeting attended by armed persons for the purpose of committing any crime punishable under the RPC.
- An assembly or meeting attended by persons, whether armed or not, wherein the audience is incited to the commission of the crime of treason, rebellion or insurrection, sedition or assault upon a person in authority or his agents.
Who are liable for Illegal Assembly?
- Organizers or leaders of the meeting.
2. Persons merely present at the meeting.
What are Illegal Associations or Art. 147 and who are liable for it?
They are associations, totally or partially organized for the purpose of committing any of the crimes punishable under this Code or for some purpose contrary to public morals.
The persons liable are:
1. Founders, directors and presidents.
- Mere members.
What are the TWO ways of committing Art. 148. “Direct Assault”?
- By “any person or persons who, without a public uprising, shall employ force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition.
- By any person or persons who, without a public uprising, “shall attack, employ force, or seriously intimidate or resist any person in authority or any of his agents, while engaged in the performance of official duties, or on the occasion of such performance.”
How is Direct Assault Aggravated or Qualified?
- When the assault is committed with a weapon.
- When the offender is a public officer or employee.
- When the offender lays a hand upon a person in authority.
How is Art.149. “Indirect assault” committed?
It may be committed by any person who shall make use of force or intimidation upon any person coming to the aid of the authorities or their agents on the occasion of the commission of any of the crimes of direct assault.
What are the ways of committing Art.156.”Delivering prisoners from jail”?
- By removing from any jail or penal establishment any person confined therein.
- By helping such a person to escape.
Wha are the ELEMENTS of Art. 157. “Evasion of service of sentence”?
- The offender is a convict by final judgement.
- He is serving his sentence which consists of deprivation of liberty.
- He evades service of sentence by escaping during the term of his sentence.
What is Quasi-recidivism?
It is a special aggravating circumstance where a person, after having been convicted by final judgement, before beginning to serve such sentence, or while serving the same shall commit a new felony.
