Crimes against public order

Question 1

What are the crimes against public order?

Answer 1

1. Rebellion or insurrection. (Art. 134)
2. Coup d’etat.
3. Conspiracy and Proposal to commit coup d’etat, rebellion or insurrection
4. Disloyalty of public officers or employees. (Art. 137)
5. Inciting to rebellion. (Art. 138)
6. Sedition. (Art. 139)
7. Conspiracy to commit sedition. (Art. 141)
8. Inciting to sedition. (Art. 142)
9. Acts tending to prevent the meeting of Congress and similar bodies
10. Disturbance of proceedings of Congress or similar bodies.
11. Violation of parliamentary immunity. (Art. 145)
12. Illegal assemblies. (Art. 146)
13. Illegal associations. (Art. 147)
14. Direct assaults. (Art. 148)
15. Indirect assaults. (Art. 149)
16. Disobedience to summons issued by Congress, its committees, etc., by the constitutional commissions, its committees, etc. (Art. 150)
17. Resistance and disobedience to a person in authority or the
    agents of such person. (Art. 151
18. Tumults and other disturbances of public order. (Art. 153)
19. Unlawful use of means of publication and unlawful utterances. (Art. 154)
20. Alarms and scandals. (Art. 155)
21. Delivering prisoners from jails. (Art. 156)
22. Evasion of service of sentence. (Art. 157)
23. Evasion on occasion of disorders. (Art. 158)
24. Violation of conditional pardon. (Art. 159)
25. Commission of another crime during service of penalty imposed for another previous offense. (Art. 160)

Question 2

What are the elements of rebellion or insurrection?

Answer 2

1. That there be (a) public uprising, and (b) taking arms against the Government.
2. That the purpose of the uprising or movement is either —
   a. to remove from the allegiance to said Government or its laws:
   (1) the territory of the Philippines or any part thereof; or
   (2) any body of land, naval or other armed forces; or
   b. to deprive the Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives.

Question 3

When is insurrection applicable?

Answer 3

“insurrection” is more commonly employed in reference to a movement which seeks merely to effect some change of minor importance, or to prevent the exercise of governmental authority with
respect to particular matters or subjects.

Question 4

What is the nature of the crime of rebellion?

Answer 4

The crime of rebellion or of inciting it is by nature a crime of masses, of a multitude. It is a vast movement of men and a complex net of intrigues and plots. (People vs. Almazan, CA., 37 O.G. 1932)

Question 5

Distinguish rebellion from treason

Answer 5

(a) The levying of war against the Government would constitute treason when performed to aid the enemy. It would also constitute an adherence to the enemy, giving him aid and comfort. (U.S. vs. Lagnason, 3 Phil. 472)
The levying of war against the Government during peace time for any of the purposes mentioned in Art. 134 is rebellion.
(b) Rebellion always involves taking up arms against the Government; treason may be committed by mere adherence to the enemy giving him aid or comfort.

Question 6

Distinguish rebellion from subversion.

Answer 6

Petitioners contend that rebellion is an element of the crime of subversion. That contention is not correct because subversion, like treason, is a crime against national security. Rebellion is a crime against public order.
The petitioners were accused of rebellion for having allegedly undertaken a public uprising to overthrow the government. In contrast, they were accused of subversion for allegedly being officers and ranking members ofthe Communist Party and similar subversive groups. (Buscayno vs. Military Commission Nos. 1, 2, 6 and 25, 109 SCRA 273)

Question 7

Conspiracy to Commit Terrorism.

Answer 7

Persons who conspire to commit the crime ofterrorism shall suffer the penalty of forty (40) years of imprisonment.
There is conspiracy when two or more persons come to an agreement concerning the commission of the crime of terrorism as defined in Section 3 hereof and decide to commit the crime. (Sec. 4, R.A. 9372)

Question 8

What are the elements of coupdetat?

Answer 8

1. That the offender is a person or persons belonging to the military or police or holding any public office or employment;
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 networks, 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.

Question 9

When is Coup d’etat considered as Terrorism?

Answer 9

Under Republic Act No. 9372, otherwise known as the “Human Security Act of 2007”, approved on March 6, 2007, a person who commits an act punishable as coup d’etat under Article 134-A of the Revised Penal Code, including acts committed by private persons, thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism. (Sec. 3)

Question 10

Who are liable for rebellion, insurrection and/or coup d’etat as leaders?

Answer 10

i) Any person who (a) promotes, (b) maintains, or (c) heads a rebellion or insurrection; or
ii) Any person who (a) leads, (b) directs, or (c) commands others to undertake a coup d’etat.

Question 11

Who are liable for rebellion, insurrection and/or coup d’etat as participants?

Answer 11

1. Any person who (a) participates, or (b) executes the commands of others in rebellion, or insurrection;
2. Any person in the government service who (a) participates, or (b) executes directions or commands of others in undertaking a coup d’etat;
3. Any person not in the government service who (a) participates, (b) supports, (c) finances, (d) abets, or (e) aids in undertaking a
   coup d’etat

Question 12

Who shall be deemed the leader of the rebellion, insurrection or coup d’etat in case he is unknown?

Answer 12

When the rebellion, insurrection or coup d’etat shall be under the command of unknown leaders, any person who in fact directed the others, spoke for them, signed receipts and other documents issued in their name, or performed similar acts, on behalf of the rebels, shall be deemed a leader
of such rebellion, insurrection or coup d’etat.

Question 13

Is there a complex crime of rebellion with murder and other common crimes?

Answer 13

No. Inasmuch as the acts specified in Art. 135 constitute one single crime, it follows necessarily that said acts offer no occasion for the application of Art. 48, which requires therefor the commission of, at least, two crimes. A mere participant in the rebellion, who is not a public officer, should not be placed at a more disadvantageous position. (People vs. Hernandez, et al., 99 Phil. 515)

Question 14

Distinguish Political crimes and common crimes

Answer 14

Political crimes are those directly aimed against the political order, as well as such common crimes as may be committed to achieve a political purpose. The decisive factor is the intent or motive. If a crime usually regarded as common, like homicide, is perpetrated for the purpose of removing from the allegiance “to the Government the territory of the Philippine Islands or any part thereof,” then said offense becomes stripped of its “common” complexion, inasmuch as, being part and parcel of the crime of rebellion, the former acquired the political character of the latter. (People vs. Hernandez, supra)

Question 15

What are the two crimes defined in article 136?

Answer 15

Conspiracy and proposal to commit rebellion are two different crimes, namely:
(1) Conspiracy to commit rebellion, and
(2) Proposal to commit rebellion.

Question 16

When is there conspiracy to commit rebellion?

Answer 16

There is conspiracy to commit rebellion when two or more persons come to an agreement to rise publicly and take arms against the Government for any of the purposes of rebellion and decide to commit it.

Question 17

When is there proposal to commit rebellion?

Answer 17

There is proposal to commit rebellion when the person who has decided to rise publicly and take arms against the Government for any of the purposes of rebellion proposes its execution to some other person or persons.

Question 18

What is the principle in People vs. Geronimo?

Answer 18

Merely agreeing and deciding to rise publicly and take arms against the Government for the purposes of rebellion or merely proposing the commission of said acts is already subject to punishment.

Question 19

Acts of disloyalty which are punished

Answer 19

1. By failing to resist a rebellion by all the means in their power; or
2. By continuing to discharge the duties of their offices under the control
   of the rebels; or
3. By accepting appointment to office under them.

Question 20

What are the elements of inciting to rebellion or insurrection?

Answer 20

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;
3. That the inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end.

Question 21

distinguish Inciting to rebellion from proposal to commit rebellion.

Answer 21

1. In both crimes, the offender induces another to commit rebellion.
2. In proposal, the person who proposes has decided to commit rebellion; in inciting to rebellion, it is not required that the offender has decided to commit rebellion.
3. In proposal, the person who proposes the execution of the crime uses secret means; in inciting to rebellion, the act of inciting is done publicly.

Question 22

What are the elements of sedition?

Answer 22

1. That the offenders rise (1) publicly, and (2) tumultuously
2. That they employ force, intimidation, or other means outside of legal
   methods;
3. That the offenders employ any of those means to attain any of the following objects:
   a. To prevent the promulgation or execution of any law or the holding of any popular election;
   b. To prevent the National Government, or any provincial or municipal government, or any public officer thereof from freely exercising its or his functions, or prevent the execution of any administrative order;
   c. To inflict any act of hate or revenge upon the person or property of any public officer or employee;
   d. To commit, for any political or social end, any act of hate or revenge against private persons or any social class; and
   e. To despoil, for any political or social end, any person, municipality or province, or the National Government of all its property or any part thereof.

Question 23

What is the nature of the crime of sedition?

Answer 23

Sedition, in its general sense, is the raising of commotions or disturbances in the State. (People vs. Cabrera, 43 Phil. 64)

The ultimate object of sedition is a violation of the public peace or at least such a course of measures as evidently engenders it. (People vs. Perez, 45 Phil. 599)

Question 24

Distinguish sedition from treason.

Answer 24

Treason, in its more general sense, is the “violation by a subject of his allegiance to his sovereign or liege, lord, or to the supreme authority of the State.” (Century Dictionary) Sedition, in its more general sense, is “the raising of commotions or disturbances in the State.” (U.S. vs. Abad, 1 Phil. 437)

Question 25

Can sedition be committed by one person?

Answer 25

Note the clause in the opening sentence of Art. 189, which says: “The crime of sedition is committed by persons who rise publicly and tumultuously.”
In Art. 163, the word “tumultuous”
“the disturbance x x x shall be deemed to be tumultuous if caused by more than three persons who are armed or provided with means of violence.”

Question 26

Are common crimes absorbed in sedition?

Answer 26

No.

In People vs. Umali, et al., 96 Phil. 185, it was held that the crimes committed were those of sedition, multiple murder, arson, frustrated murder and physical injuries.

In the cases of People vs. Cabrera, et al., 43 Phil. 64 and 82, the constabulary men who, to inflict an act of revenge upon the policeman, murdered six policemen and two private citizens and seriously wounded three civilians were found guilty of the separate crimes of sedition in one case, and multiple murder with grave injuries in the other case.

Question 27

Who are persons liable for sedition?

Answer 27

The persons liable for sedition are:
(1) The leader of the sedition, and
(2) Other persons participating in the sedition.

Question 28

Is there a crime of proposal to commit sedition?

Answer 28

Art. 141 punishes only conspiracy to commit sedition. Hence, proposal to commit sedition is not punishable.

Question 29

What are the different acts of inciting to commit sedition?

Answer 29

1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems, etc.
2. Uttering seditious words or speeches which tend to disturb the public peace.
3. Writing, publishing, or circulating scurrilous libels against the Government or any of the duly constituted authorities thereof, which tend to disturb the public peace.

Question 30

What are the elements of Inciting to sedition to accomplish any of its objects.

Answer 30

1. That the offender does not take direct part in the crime of sedition.
2. That he incites others to the accomplishment of any of the acts which
   constitute sedition.
3. That the inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end.

Question 31

Meaning of the word “scurrilous.”

Answer 31

Scurrilous” means low, vulgar, mean or foul.

Question 32

when is Uttering seditious words or speeches and writing, publishing or circulating scurrilous libels are punishable?

Answer 32

1. They tend to disturb or obstruct any lawful officer in executing the functions of his office; or
2. They tend to instigate others to cabal and meet together for unlawful purposes; or
3. They suggest or incite rebellious conspiracies or riots; or
4. They lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safety and order of the Government. (Article 142, 2nd part)

Question 33

Is the use of words, emblems, etc., not performance of act punished in inciting to sedition?

Answer 33

Art. 142 punishes the use of words, emblems, banners, or other representations tending to disturb the public peace or to disturb or obstruct any public officer in executing the functions of his office.

Question 34

Is Disturbance or disorder necessary in inciting to sedition?

Answer 34

It is not necessary, in order to be seditious, that the words used should in fact result in a rising of the people against the constituted authorities. The law is not aimed merely at actual disturbance, as its purpose is also to punish utterances which may endanger public order. (People vs. Nabong, 57 Phil. 455)

Question 35

What are two rules relative to seditious words?

Answer 35

(a) The clear and present danger rule.
b) The dangerous tendency rule.

Question 36

What is the  clear and present danger rule?

Answer 36

The words must be of such a nature that by uttering them there is a danger of a public uprising and that such danger should be both clear a n d imminent.

Question 37

What is the The dangerous tendency rule?

Answer 37

If the words used tend to create a danger of public uprising, then those words could properly be the subject of a penal clause. (People vs. Perez, supra)

Under the dangerous tendency rule, there is inciting to sedition when the words uttered or published could easily produce disaffection among the people and a state of feeling in them incompatible with a disposition to remain loyal to the Government and obedient to the laws.

Question 38

Reasons why seditious utterances are prohibited.

Answer 38

Manifestly, the legislature has authority to forbid the advocacy of a doctrine designed and intended to overthrow the Government without waiting until there is a present and immediate danger of the success of the plan advocated. If the State were compelled to wait until the apprehended danger became certain, then its right to protect itself would come into being simultaneously with the overthrow of the Government, when there would be neither prosecuting officers nor courts for the enforcement of the law. (Gitlow vs. New York, 268 U.S. 652)

Question 39

What are the crimes against popular representation?

Answer 39

They are:
1. Acts tending to prevent the meeting of the National Assembly and similar bodies. (Art. 143)
2. Disturbance of proceedings. (Art. 144)
3. Violation on parliamentary immunity. (Art. 145)

Question 40

What are the elements of acts tending to prevent the meeting of the Assembly and similar bodies?

Answer 40

1. That there be a projected or actual meeting of the National Assembly or any of its committees or subcommittees, constitutional committees or divisions 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 fraud.

Question 41

What are the elements of disturbance of proceedings?

Answer 41

1. That there be a meeting of the National Assembly or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board.
2. That the offender does any of the following acts:
   a. He disturbs any of 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.

Question 42

What are the acts punishable under Art. 145?

Answer 42

1. By using force, intimidation, threats, or frauds to prevent any member of the National Assembly from (1) attending the meetings of the Assembly or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or from (2) expressing his opinions, or (3) casting his vote.

Note: The offender is any person.

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 prision mayor.

Question 43

What are the elements of arresting or searching any member thereof while the National Assembly is in regular or special session (act number 2)

Answer 43

(1) That the offender is a public officer or employee;
(2) That he arrests or searches any member of the National Assembly;
(3) That the Assembly, at the time of arrest or search, is in regular
or special session
(4) That the member arrested or searched has not committed a crime punishable under the Code by a penalty higher than

Question 44

What are the elements of using force, intimidation, threats, or frauds in violation of parliamentary immunity (act1)

Answer 44

(1) That the offender uses force, intimidation,
threats or fraud.
(2) That the purpose of the offender is to prevent any member of the National Assembly from —
(a) attending the meetings of the Assembly or of any of its committees or constitutional commissions, etc.; or
(b) expressing his opinions; or (c) casting his vote.

Question 45

Does immunity protect members from the legislative body for unparliamentary conduct?

Answer 45

For unparliamentary conduct, members of Parliament or of Congress have been, or could be censured, committed to prison, suspended, even expelled by the votes of their colleagues. (Osmena, Jr. vs. Pendatun, et al., 109 Phil. 863)

Question 46

From what offenses are members of Congress exempted from arrest while Congress is in session?

Answer 46

The 1987 Constitution exempts member of Congress from arrest, while the Congress is in session, for all offenses punishable by a penalty less than prision mayor.

Question 47

What are illegal assemblies?

Answer 47

1. Any meeting attended by armed persons for the purpose of committing 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 agents.

Question 48

What are the requisites for Act 1 violative of the illegal assemblies?

Answer 48

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 any of the crimes punishable under the Code.

Question 49

What are the requisites for Act 2 violative of the illegal assemblies?

Answer 49

a. That there is a meeting, a gathering or group of persons, whether in a fixed 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.

Question 50

Suppose seven of the forty persons are armed, the rest are not, and the purpose of the gathering is to commit robbery, must the meeting be considered an illegal assembly?

Answer 50

Yes, because the law does not state how many of the persons attending the meeting must be armed. It is said that a good number, say, at least, four must be armed.

Question 51

If the purpose of the armed persons attending the meeting is to commit any of the crimes punishable under the Revised Penal Code, does an unarmed person merely present incur criminal liability?

Answer 51

The last sentence of the 1st paragraph of Art. 146, says: “Persons present as such meeting shall suffer the penalty of arresto mayor, unless they are armed, in which case the penalty shall be prision correccional.” Hence, the penalty of arresto mayor is intended for persons present at the meeting who are not armed.

Question 52

Suppose the purpose of the meeting was to incite a group of persons to commit rebellion or sedition, would it be an illegal assembly if before any actual inciting could take place the Constabulary soldiers stopped the meeting and dispersed the people?

Answer 52

Note that the law uses the phrases, “the audience is incited.”

That the audience is actually incited to the commission of any of the crimes of sedition, rebellion, etc. seems to be a necessary element of the second form of illegal assembly.

Question 53

Who are persons liable for illegal assembly?

Answer 53

1. The organizers or leaders of the meeting.
2. Persons merely present at the meeting.

Question 54

is intent necessary in illegal assembly?

Answer 54

As illegal assembly is a felony, the persons merely present at the meeting must have a common intent to commit the felony of illegal assembly. The absence of such intent may exempt the person present from criminal liability.

Thus, if a person happens to be present at an illegal assembly out of curiosity, he is not liable.

Question 55

What are the criminal responsibility of persons merely present at the meeting?(illegal assembly)

Answer 55

1. If they are not armed, the penalty is arresto mayor.
2. If they carry arms, like bolos or knives, or licensed firearms, the penalty is prision correccional.

Question 56

If any person present at the meeting carries an unlicensed firearm:

Answer 56

1. It is presumed that the purpose of the meeting insofar as he is concerned, is to commit acts punishable under the Code; and
2. He is considered a leader or organizer of the meeting.

Question 57

What is a meeting as contemplated in article 146?

Answer 57

A gathering or group, whether in a fixed place or moving, is included in the word meeting

Question 58

What are illegal associations?

Answer 58

1. Associations totally or partially organized for the purpose of committing any of the crimes punishable under the Code.
2. Associations totally or partially organized for some purpose contrary to public morals.

Question 59

Who are persons liable for illegal association?

Answer 59

1. Founders, directors and president of the association.
2. Mere members of the association.

Question 60

Cite an example of illegal association

Answer 60

The Lapiang Sakdalista was declared an illegal association because it strived to stir up dissatisfaction among the laboring class, instigated them to break the laws and led them to bloody riots and inflamed them to rise up against the government. (People vs. Ramos, C.A., 40 O.G. 2305)

The Lapiang Sakdalista was declared an illegal association by the Court of Appeals, because it was organized for the purpose of overthrowing the government by force of arms, which is rebellion, a crime punishable under the Revised Penal Code.

Question 61

Two ways of committing the crime of direct assaults

Answer 61

1. Without public uprising, by employing force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and 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.

Question 62

Elements of the 1st form of direct assault:

Answer 62

1. That the offender employs force or intimidation.
2. That the aim of the offender is to attain any of the purposes of the
   crime of rebellion or any of the objects in the crime of sedition.
3. That there is no public uprising.

Question 63

Is it necessary that the offended party in the first form of direct assault be a person in authority or his agent?

Answer 63

The first part of Article 148 does not seem to require it. If the aim of the offender is to attain an object of sedition, the offended party may be a private individual or person belonging to a social class. (See paragraph No. 4 of Art. 139)

Question 64

Elements of the 2nd form of direct assault:

Answer 64

1. That the offender
   (a) makes an attack
   (b) employs force
   (c) makes a serious intimidation, or
   (d) makes a serious resistance.
2. That the person assaulted is a person in authority or his agent.
3. That at the time of the assault the person in authority or his agent (a) is engaged in the actual performance of official duties, or that he is assaulted, (b) 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 is no public uprising.

Question 65

Who is a person in authority?

Answer 65

Any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board, or commission, shall be deemed a person in authority. A barangay captain anda barangay chairman shall also be deemed a person in authority. (Art. 152, as amended)
By “directly vested with jurisdiction” is meant “the power or authority to govern and execute the laws.”

Question 66

Who is an agent of a person in authority?

Answer 66

An agent of a person in authority is one who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, such as a barrio councilman and barrio policeman and barangay leader, and any person who comes to the aid ofpersons in authority. (Art. 152, as amended)

Question 67

Is Self-defense valid in direct assault?

Answer 67

When a person in authority or his agent is the one who provokes and attacks another person, the latter is entitled to defend himself and cannot be held liable for assault or resistance nor for physical injuries, because he acts in legitimate defense. (People vs. Carado, CA-G.R. No. 12778-R, November 11, 1955)

Question 68

When is Direct assault qualified

Answer 68

1. When the assault is committed with a weapon; or
2. When the offender is a public officer or employee; or
3. When the offender lays hands upon a person in authority.

Question 69

What are the elements of indirect assault?

Answer 69

1. That a person in authority or his agent is the victim of any of the forms of direct assault denned 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.

Question 70

Is the crime indirect assault, if a private individual who is aiding a policeman in making a lawful arrest is attacked by the person to be arrested?

Answer 70

It cannot be indirect assault, because the policeman who is being aided is not a victim of direct assault. The policeman is in the performance of duty, making an arrest.

Question 71

May private persons be the offended party in indirect assaults?

Answer 71

It will be noted that Art. 149 states that the use offorce or intimidation must be made “upon any person coming to the aid of the authorities or their agents.”
A private person who comes to the rescue of an authority or his agent enjoys the privileges of the latter, and any person who uses force or intimidation upon such person under the circumstances is guilty of atentado (assault) under Art. 149. (Guevara)

Question 72

Acts punished as disobedience to the National Assembly or its committee or Constitutional commission.

Answer 72

1. By refusing, without legal excuse, to obey summons of the National Assembly, its special or standing committees and subcommittees, the Constitutional commissions and its committees, subcommittees or divisions, or by any commission or committee chairman or member authorized to summon witnesses.
2. By refusing to be sworn or placed under affirmation while being before such legislative or constitutional body or official.
3. By refusing to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions.
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 any such body or official.

Question 73

Elements of resistance and serious disobedience

Answer 73

1. That a person in authority or his agent is engaged in the performance of official duty 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 provisions of Arts. 148-150

Question 74

Elements of simple disobedience

Answer 74

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 a serious nature.

Question 75

Distinguish direct assault from resistance or serious disobedience.

Answer 75

1) In direct assault, the person in authority or his agent must be engaged in the performance of official duties or that he is assaulted by reason thereof; but in resistance, the person in authority or his agent must be in actual performance of his duties.

(2) Direct assault (2nd form) is committed in four ways:
(a) by attacking, (b) by employing force, (c) by seriously intimidating, and (d) by seriously resisting a person in authority or his agent; resistance or serious disobedience is committed only by resisting or seriously disobeying a person in authority or his agent.

(3) In both direct assault by resisting an agent of a person in authority and resistance against an agent of a person in authority, there is force employed, but the use of force in resistance is not so serious, as there is no manifest intention to defy the law and the officers enforcing it.

Question 76

Are teachers, professors, etc., persons in authority for purposes of Art. 149?

Answer 76

he third paragraph of Art. 152 states that “in applying the provisions of Articles 148 and 151 of this Code,” they are persons in authority. But such statement is not exclusive of Art. 149 for it merely emphasizes the application of Arts. 148 and 1

Question 77

What are the crimes classified under public disorders?

Answer 77

1. Tumults and other disturbances of public order. (Art. 153)
2. Unlawful use of means of publication and unlawful utterances. (Art. 154)
3. Alarms and scandals. (Art. 155)
4. Delivering prisoners from jails. (Art. 156)

Question 78

What are tumults and other disturbances of public order?

Answer 78

1. Causing any serious disturbance in a public place, office or establishment;
2. Interrupting or disturbing performances, functions or gatherings, or peaceful meetings, if the act is not included in Arts. 131 and 132
3. Making any outcry tending to incite rebellion or sedition in any meeting, association or public place;
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 has been legally executed.

Question 79

Meaning of “outcry.”

Answer 79

The word “outcry” in this article means to shout subversive or provocative words tending to stir up the people to obtain by means of force or violence any of the objects of rebellion or sedition.

Question 80

When may an outcry or displaying of emblems or placards be a crime of inciting to rebellion or a crime of inciting to sedition, and when may it be considered a simple public disorder under paragraph 4 of Art. 153?

Answer 80

For an outcry or the displaying of emblems or placards to constitute inciting to commit rebellion or sedition, it is necessary that the offender should have done the act with the idea aforethought of inducing his hearers or readers to commit the crime of rebellion or sedition.
But if the outcry is more or less unconscious outburst which, although rebellious or seditious in nature, is not intentionally calculated to induce others to commit rebellion or sedition, it is only public disorder.

Question 81

Circumstance qualifying the disturbance or interruption

Answer 81

persons causing any disturbance or interruption of a tumultuous character.

Question 82

Definition of the term “tumultuous.”

Answer 82

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

Question 83

Acts punished as unlawful use of means of publication and unlawful utterances:

Answer 83

By publishing or causing to be published, by means of printing, lithography or any other means of publication, as news any false news which may endanger the public order, or cause damage to the interest or credit of the State.
By encouraging disobedience to the law or to the constituted authorities
or by praising, justifying same means or by words,
or extolling any act punished by law, by the utterances or speeches.
By maliciously publishing or causing to be published any official resolution or document without proper authority, or before they have been published officially.
(4) By printing, publishing or distributing (or causing the same) books, pamphlets, periodicals, or leaflets which do not bear the real printer’s name, or which are classified as anonymous.

Question 84

Acts punished as alarms and scandals.

Answer 84

Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause (which produces) alarm or danger.
Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility.
Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements.
Causing any disturbance or scandal in public places while intoxicated or otherwise, provided Art. 153 is not applicable.

Question 85

“Charivari,” defined.

Answer 85

The term “charivari” includes a medley of discordant voices, a mock serenade of discordant noises made on kettles, tins, horns, etc., designed to annoy and insult.
Note: The reason for punishing instigating or taking active part in charivari and other disorderly meeting is to prevent more serious disorders.