CRIMES AGAINST PUBLIC ORDER Flashcards
ARTICLE 159 - EVASION OF SERVICE OF SENTENCE BY VIOLATION OF CONDITIONAL PARDON
- The offender was a convict.
- He was granted a conditional pardon by the Chief
Executive/President. - He violated any of the terms of the said pardon.
ARTICLE 158 - EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS, CONFLAGRATIONS, EARTHQUAKES, OR OTHER CALAMITIES
- That the offender is a prisoner convicted by final judgment
- That he is serving his sentence in a penal institution
- That there is a disorder resulting from –
a. Conflagration
b. Earthquake
c. Explosion
d. Similar catastrophe
e. Mutiny in which he has not participated. - 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.
- That the offender fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity
ARTICLE 155 – EVASION OF SERVICE OF SENTENCE - What are the following circumstances would qualify the penalty in evasion of service of sentence?
- When the said escape is done by means of unlawful entry
- When the said escape is done by means of breaking any wall, roof, floor, door or window
- When the said escape is done by using picklocks, false keys, disguise, deceit, violence, or intimidation
- When the said escape is done in connivance with an inmate or employee of the penal institution
(Any of these would qualify the penalty in evasion of service of sentence)
ARTICLE 156 – DELIVERING PRISONERS FROM JAIL
The elements of delivering prisoners from jail are:
1. That there is a person confined in jail or any other penal institution
2. That the offender removes him from jail or assist in his escape from his escape in such penal institution.
Where lies the difference between Art. 155 last act v. Art. 153
ART. 155 LAST ACT
The disturbance caused by the offender is not serious in nature, and he did not plan it. It just happened because of the circumstances that took place in the said incident.
ART. 153 FIRST ACT
The act punished is causing any serious disturbance in a public place, office, or establishment. Note, the word must be serious disturbance. Here, the disturbance caused by the offender is serious in nature and it is a planned one.
ARTICLE 155 – ALARMS AND SCANDALS
What are the acts punished as alarms and scandals
FIRST, by discharging any firearm, rocket, firecracker, or other explosives within any town or public place calculated to cause alarm and danger.
If a firearm is discharged, depending on the intent of the offender, the crime varies.
o If the offender discharges a firearm, aimed at another person with intent to kill, even if that person; even if that intended victim is not hit, the crime committed is attempted homicide.
o If the said offender discharges a firearm in a public place, in a town, his intention was to cause alarm and danger, the crime committed is alarms and scandal.
o If that person discharges a firearm, aimed at another but there is no intent to kill, his intention was only to threaten that person when he discharged the firearm, the crime committed is under Art. 254, illegal discharge of firearm.
SECOND, by instigating taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility.
THIRD, by causing disturbance of the public peace while wandering about at night or while engaged in any other nocturnal amusement.
FOURTH, by causing disturbance or scandal in public places whether intoxicated or not, provided Art. 153 is not violated.
ARTICLE 154 – UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES
What are the acts punished
FIRST. 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.
SECOND. By encouraging disobedience to the law or the constituted authorities or by praising, justifying or extolling any act punished by law, by the same means of publication.
THIRD. By maliciously publishing or causing to be published any official resolution or document without proper authority, or before they have been published officially.
LASTLY. By printing, publishing, or distributing or causing to be printed, published or distributed, books, pamphlets, periodicals, or leaflets which do not bear the real printer’s name or which are classified as anonymous.
ARTICLE 153 – TUMULTS AND OTHER DISTURBANCES
What are the punishable acts
- By causing any serious disturbances in a public place, office or establishment
- By interrupting or disturbing performances, functions or gatherings, or peaceful meetings if the act is not included in Arts. 131 and 132.
- By making an outcry tending to incite rebellion or sedition in any meeting, association, or public place.
- By displaying placards or emblems which may provoke disturbance of public order in such meeting, association, or public place.
- By bearing with pomp the body of a person who has been legally executed.
Where lies the difference between Art. 153 v. Art. 131 v. Art. 132?
ART. 153
The offender can be any person. He can be a public officer or employee, he can be a private individual THEREFORE any person can interrupt the said peaceful meeting.
ART. 131
The offender must necessarily be public officers or employees because it is a crime against the fundamental law of the State, Title II.
ART. 132
The offender must necessarily be public officers or employees because it is a crime against the fundamental law of the State, Title II.
What about if the said offender is a public officer? What are the distinctions?
ART. 153
The said public officer who disturbed or interrupted the said peaceful gathering must be a participant in the said gathering.
The purpose is only to cause disturbance of public order.
ART. 131
The public officer who interrupted the peaceful meeting, who interrupted the religious worship, must be an outsider, a stranger to the said gather or religious worship.
The purpose of the offender is to prohibit a person from freely exercising his freedom enshrined in the constitution.
ART. 132
The public officer who interrupted the peaceful meeting, who interrupted the religious worship, must be an outsider, a stranger to the said gather or religious worship.
The purpose of the offender is to prohibit a person from freely exercising his freedom enshrined in the constitution.
ARTICLE 151 – RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS OF SUCH PERSON.
What are the punishable acts?
(1) Resistance and serious disobedience
(2) Simple disobedience.
ARTICLE 151 – RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS OF SUCH PERSON.
What is the difference between the 2?
RESISTANCE AND SERIOUS DISOBEDIENCE
The one giving the order is either a person in authority or an agent of a person in authority
Resistance must be serious in nature
SIMPLE DISOBEDIENCE
The one giving the order is only an agent of a person in authority
It is not required to be serious in nature
