Illegal Assemblies and Associations Flashcards

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1
Q

What are the articles under Illegal Assemblies and Associations?

A

Article 146: Illegal Assembly

Article 147: Illegal Associations

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2
Q

What are the elements of Article 146

A
  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 (armed OR not) IS INCITED to commit the crime of treason, rebellion, insurrection, sedition, or assault upon a person in authority or his agents
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3
Q

Qualify “meeting”

A

Gathering or a group of people whether MOVING or in a FIXED place

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4
Q

Must there be armed men? If so, how many at least?

A

No, the only requirement for armed men is for the purpose of committing any of the crimes punishable under the code.

Reyes suggests at least 4 must be armed

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5
Q

Who are liable under Article 146?

A

Organizers, leaders, those who are just present (with intent)

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6
Q

What is the penalty of Article 146?

A

Prision Coreccional in its maximum period - Prision Mayor in its medium period = Organizers or leaders attended by armed persons, or those incited

Arresto Mayor = Merely present

Prision Correcional = Armed

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7
Q

Who is considered the leader?

A

One who carries an unlicensed firearm

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8
Q

What is Article 147?

A

Illegal Associations

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9
Q

What are the elements of Article 147?

A
  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
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10
Q

Who are liable under Article 147?

A

Founders, directors, president, members

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11
Q

What is the penalty of Article 147?

A

Prision Coreccional in its minimum period - medium period and a fine not exceeding 1,000 pesos

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12
Q

What is RA 1700?

A

Anti-Subversion Act

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