Crimes against Public Order Flashcards
Rebellion v Insurrection
REBELLION
object of movement is completely to OVERTHROW and supersede existing govt
INSURRECTION
movement which seeks merely to (1) EFFECT SOME CHANGE OF MINOR IMPORTANCE or to (2) PREVENT EXERCISE OF GOVT AUTHORITY with respect to particular matters or subjects
nature of crime of rebellion
crime of MASSES, of MULTITUDE
in rebellion, taking up arms. and purpose…
ACTUAL clash of arms with forces of govt is NOT NECESSARY
not necessary that purpose is accomplished
Rebellion v. Treason
REBELLION
- always involves taking up arms against govt
- levying war during peace for any purposes mentioned (remove allegiance or deprive power)
TREASON
- may be committed by mere adherence, giving aid or comfort
- levying war + adherence giving aid and comfort
Rebellion v. Subversion
subversion = crime against NATIONAL SECURITY (like treason)
rebellion = crime against PUBLIC ORDER
terrorism is more severely punished than heinous crimes (piracy, rebellion/insurrection, murder, coup, kidnapping and serious illegal detention)
because punished with 40 years of imprisonment, without benefit of parole
Coup d’etat can be committed
WITH or WITHOUT civilian participation
If rebellion, insurrection or coup d’etat is under command of unknown leaders, any person who directed the others, spoke for them, signed receipts on behalf of rebels…
shall be deemed a LEADER of such rebellion, insurrection or coup d’etat
public officer must take ACTIVE PART in rebellion
mere silence or omission is not punishable
there is NO COMPLEX CRIME (proper–necessary means) OF REBELLION with murder and other common crimes…
HERNANDEZ ruling
because they become absorbed in the crime of rebellions and are politically motivated
HOWEVER… if committed for PERSONAL/PRIVATE reasons or PROFIT, without any political motivation, it is separate and would NOT be absorbed in rebellion!!!!
membership in a rebel organization does not automatically qualify criminal acts as absorbed in rebellion
burden is on accused to demonstrate that his criminal acts were committed in furtherance of rebellion to avail of lighter penalty if what he did is absorbed in rebellion
Political crimes v. Common Crimes
POLITICAL
-those directly aimed against political order
*decisive factor is INTENT or MOTIVE
3 acts punished as disloyalty of public officer
1) FAILED TO RESIST rebellion by ALL MEANS of his power, or
2) CONTINUE TO DISCHARGE duties of their offices UNDER CONTROL of rebels, or
3) ACCEPTS APPOINTMENT to office under them
Inciting to Rebellion v. Proposal to commit rebellion
however, in both, rebellion should NOT be committed!!! otherwise, principal by inducement!
BOTH: induces another to commit rebellion
PROPOSAL
- person who proposes has DECIDED to commit rebellion
- done secretly
INCITING
- not required that offender decided to commit rebellion
- done publicly
Sedition
Raising of commotions or disturbances in the state
Violation of public peace
Rebellion v. Sedition
Not the extent of the territory (i.e. only a municipality), but rather the OBJECT AT WHICH UPRISING AIMS
BOTH: public uprising
REBELLION
-there must be TAKING UP ARMS against govt
-purpose is ALWAYS POLITICAL
SEDITION
- sufficient that uprising is TUMULTUOUS
- purpose is POLITICAL/SOCIAL
Sedition v. Treason
SEDITION
-raising of commotions or disturbances
TREASON
-violation by a subject of his allegiance to sovereign or authority of the State
Tumultuous
Disturbance caused by MORE THAN 3 ARMED PERSONS or provided with MEANS OF VIOLENCE
Can sedition be committed by public officials?
YES!!! Example: Revenge within police from another police branch
Are common crimes absorbed in sedition?
NO.
Crimes committed were those of sedition, multiple murder, arson, frustrated murder and physical injuries
In conspiracy to commit sedition, what is needed?
1) agreement and decision to attain OBJECT of sedition AND
2) agreement to RISE PUBLICLY and TUMULTUOUSLY
Scurrilous
low, vulgar, mean or foul
2 rules relative to seditious words
1) Clear and Present Danger Rule
- - danger is both clear and imminent
- - must not only be probable, but also inevitable
2) Dangerous Tendency Rule
- - if it could easily produce disaffection among people and make them feel incompatible to remain loyal
Unlawful rumor-mongering and spreading false info
Any person who offer, publish or spread rumors, false news which tend to cause panic among people and undermine stability of government
Objectives: endanger public order or cause damage to state
Punished by: PC or 6.1 m to 6y
Who may file complain for disturbance of proceedings?
written complaint by a member of a legislative body whose meeting was disturbed
Power to punish for contempt v. Power to punish crime
Contempt = coercive in nature Crime = punitive in character
Illegal assembly v Inciting to rebellion or sedition
ILLEGAL ASSEMBLY
-persons liable: leaders and persons merely present
INCITING TO REBELLION OR SEDITION
-persons liable: only the one who shall incite others
In illegal assembly, persons merely present must…
have COMMON INTENT to commit illegal assembly.
if only out of curiosity, he is not liable.
Any person preset at the illegal assembly carrying unlicensed firearm, 2 presumptions occur:
1) presumed that purpose of the meeting is to commit acts punishable under the code
2) considered the LEADER or ORGANIZER of the meeting
meeting
gathering or group, whether in a FIXED PLACE or MOVING
currently, there is no law punishing subversion
ex: communist party which aim to overthrow PH govt and establish a totalitarian regime
Rebellion v Anti-Subversion Act
REBELLION
-rising publicly and taking up arms
ANTI-SUBVERSION ACT RA 1700
-punishes affiliation in subversive organization and mere membership is enough to be punished
subversive associations
Any ASSOCIATION organized for the purpose of (1) OVERTHROWING the government or for purpose of (2) REMOVING from ALLEGIANCE the territory of the PH with the open or covert assistance or SUPPORT of a FOREIGN power by force, violence, deceit or other illegal means
Direct Assault v Ordinary Assault
DIRECT ASSAULT
- crimes against public order
ORDINARY ASSAULT
- crimes against persons
2 ways of committing direct assault
1) Without public uprising, by employing FORCE or INTIMIDATION for the attainment of purposes 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 OCCASION of such performance
attack
any offensive or antagonistic movement or action of any kind
In employing force, what degree is needed?
Serious character for AGENT as to indicate DETERMINATION TO DEFY the law and its representative at all hazards
Force need not be serious if offended party is a person in authority
In intimidation, what degree is needed?
1) SERIOUS as to both:
agent
person in authority
2) must produce its effects IMMEDIATELY
example: pointing a gun, but not threatening to give a fist blow
In resistance, what degree is needed?
must be ACTIVE and SERIOUS
Who is a person in authority?
any person directly vested with JURISDICTION, whether as an individual or as a member of some court or governmental corporation, board or commission
directly vested with jurisdiction = POWER OR AUTHORITY TO GOVERN AND EXECUTE LAWS
ex: barangay captain and barangay chairman, TEACHERS (public or PRIVATE, professors and persons charged with supervision of public or duly recognized private schools; justice of peace; fiscal, mayor; division superintendent of schools, teacher-nurse
**powers and duties vested in him by law should be determined
Not knowing that a person is a person in authority, defense?
NO… status as a person in authority being a MATTER OF LAW, ignorance thereof is no excuse
agent of a person in authority
1) 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 PROTECTION and SECURITY of life and property
2) any person who comes to aid of persons in authority
ex: barrio councilman, barrio policeman, barangay leader, POLICEMAN, RURAL policeman (even if no uniform and pay but because duly appointed by mayor and has badge), barangay tanod, BIR agent
**functions of agent must clearly be shown in information
When not considered engaged in the performance of official duty?
1) teacher: went out to talk to a person on matters not related to school or his duties as a teacher
* descended to matters which are private in nature
2) when they go beyond scope of their powers and violate any recognized of citizens
* EXCEEDS his power or acts WITHOUT AUTHORITY, making use of unnecessary force or violence to make him respected
Can direct assault be committed by a person in authority?
Yes.
But there is no assault when both contend in the exercise of their respective duties (actual conflict of jurisdiction)
In direct assault, knowledge of person in authority is essential…
but must also show that person have the INTENTION TO DEFY THE AUTHORITIES
if no intention, guilty of resistance and not direct assault
Aggravating circumstance applicable here? absorbed or aggravating?
INHERENT: disregard of respect due to offended party on account of his age, sex, rank
on occasion of such performance
impelling motive of the attack is the performance of official duty, even at the very time of assault, no official duty was being discharged
motive is important in this form of direct assault
2 kinds of direct assault of the 2nd form
1) simple assault
2) qualified assault
When is direct assault qualified?
1) assault is committed with a WEAPON (not only firearms or sharp instruments, but also any other object which can cause physical injury)
2) offender is a PUBLIC OFFICER
3) offender LAYS HANDS upon a person in authority
Can direct assault be complexed?
Yes, there is a complex crime of direct assault.
Ex:
- -if agent is attacked or killed while in performance of duty, crime is direct assault with homicide;
- -if in commission of direct assault, serious or less serious physical injuries are also inflicted, crime is direct assault with serious or less serious physical injuries
NOTE: the crime of SLIGHT PHYSICAL INJURY is ABSORBED IN DIRECT ASSAULT
In disobedience to summons, producing documents to be used in evidence against owner
PROHIBITED as equivalent to compelling him to be a witness against himself
Testimony of person summoned must be upon matters into…
which National Assembly HAS JURISDICTION TO INQUIRE (i.e. passing a law)
Resistance and disobedience consists…
in a failure to comply with ORDERS DIRECTLY ISSUED by the authorities in exercise of official duties (in ACTUAL performance of duties)
failure to comply with legal provisions of general character or with judicial decisions merely declaratory of rights or obligations, or violations of prohibitory decisions = NOT DISOBEDIENCE
Disobedience means…
FAILURE or REFUSAL to OBEY a DIRECT ORDER from authority of his agent
Ex; writ of execution issued by court directing sheriff to place property of accused is NOT an order addressed to accused but to sheriff. disobedience of that not punishable
BUT if he should surrender possession to sheriff himself, that is direct order
Justified resistance
no right to make a search
Direct Assault v Resistance
Direct Assault
- actual performance or OCCASION of such
- committed in 4 ways: attack, force, serious intimidation, serious resistance
- force must be serious and deliberate (if agent); any force will give rise to direct assault if against person in authority
Resistance
- ACTUAL performance
- only by seriously disobeying person in authority or agent
- use of force is not so serious; no manifest intention to defy the law
Tumultuous
caused by MORE THAN 3 persons who are ARMED or provided with MEANS OF VIOLENCE
serious disturbance must be…
PLANNED OR INTENDED
outcry
to shout subversive or provocative words tending to stir up the people to obtain by means of force or violence any objects of rebellion or sedition
Outcry/display = Inciting to rebellion / sedition
Outcry/display = Public disorder
Inciting to rebellion / sedition
- offender should have done the act with IDEA aforethought of inducing his hearers or readers to commit crime of rebellion / sedition
Public disorder
- outcry is more or less UNCONSCIOUS OUTBURST, which although rebellious/seditious in nature, is NOT INTENTIONALLY CALCULATED to induce others to commit rebellion / sedition
charivari
medley of discordant voices, a mock of serenade of discordant noises made on kettles, tins, horns designed to annoy and insult
in delivering prisoners from jail, it includes
1) UNDER DETENTION
2) by FINAL judgment
What are considered extension of jail or prison?
Hospital or asylum
Potential offenders of delivering prisoners from jail?
Outsider, usually
employee of penal establishment PROVIDED not in charge of such person or off duty
prisoner
if by an employee in charge of such prisoner, liable for: INFIDELITY IN THE CUSTODY OF PRISONER
What form of bribery is punished in delivery of prisoners?
Not the act of receiving, but as MEANS of removing prisoner from jail
mutiny
organized unlawful resistance to a superior officer
conditional pardon
contract between the Chief Executive, who grants the pardon, and the convict who accepts it
Is violation of conditional pardon a substantive offense?
Before no because penalty imposed is the unexpired portion of original sentence, but now….
YES because prision correccional minimum
If granted a conditional pardon, only 1 year and 6 mos and 20 days remained to be served. How long will he observe conditions subsequent?
He only has to observe the conditions of his pardon within the TIME REMAINING to be served (in this case 1 yr, 6mos and 20 days)
Quasi-recidivism
special aggravating circumstance where after having been convicted by final judgment, shall commit a new felony before beginning to serve such sentence or while serving the same**
**if offender committed new felony AFTER serving sentence for 1st offense and if both felonies are embraced in same title of the code, he is an ORDINARY recidivist
**CANNOT BE OFFSET by ORDINARY mitigating
