Title 3 - [3/3] Flashcard (149-160)
ARTICLE 149._______
ARTICLE 149. INDIRECT ASSAULTS
Elements of indirect assault
- that a person in authority or his agent is the victim of any of the forms of direct assault defined in Art. 148;
- that a person comes to the aid of such authority OR his agent;
- that the offender makes use of force OR intimidation upon such person coming to the aid of the authority or his agent.
when can it be committed
only when direct assault is also committed
Is it indirect assault, if a private individual who is aiding a policeman in making a lawful arrest is attacked by the person to be arrested?
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.
Is it direct assault when by virtue of rule 113 of Rules of Court, every person summoned by an officer making a lawful arrest shall aid him in making of such arrest.
can the person summoned be ‘directly assaulted’ as he has become an agent of the person in authority?
No. The summoned person is not an agent of the person in authority because he is not coming to the aid of a PA but the police officer who is a APA
Can a private person be an offended party in indirect assault?
Yes. Art. 149 only provides any person. So, if the private person comes to the rescue of the person in authority or his agent who is a victim of direct assault under Art 148, then he can be an offended party in indirect assault.
ARTICLE 150. _____________________________
ARTICLE 150. DISOBEDIENCE TO SUMMONS ISSUED BY CONGRESS, ITS COMMITTEES AND SUBCOMMITTEES, BY THE CONSTITUTIONAL COMMISSIONS, ITS COMMITTEES AND SUBCOMMITTEES OR DIVISIONS
What are the acts punished under art. 150?
- By refusing, without legal excuse, to obey the 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].
- by refusing to be sworn or placed under affirmation while being before such legislative or constitutional body or official.
- 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 function.
- by restraining another from attending as a witness in such legislative or constitutional body.
- by inducing (persuade) disobedience to a summons or refusal to be sworn by any such body or official.
what is the limitation of Art. 150
- not apply when the papers or documents may be used in evidence against the owner thereof, because it would be equivalent to compelling him to be witness against himself.
self-incrimination
(Uy Khaytin vs. Villareal)
[gpt]
The reasoning is that compelling the owner to produce documents that could be used against them in court would be equivalent to forcing the individual to be a witness against themselves. This principle aligns with the protection against self-incrimination, a legal concept that prevents individuals from being compelled to testify against themselves.
“when required by them to do so in the exercise of their function” mean?
The testimony of the person summoned must be upon matters into which the National Assembly has jurisdiction to inquire.
But when the investigation is for the purpose of passing a legislative measure, such investigation comes under the province of the committee of the House or Senate.
(Arnault vs. Nazareno)
Thus, the investigation of a crime with a view to prepare the way for a court action does NOT come under the province of any committee of the House or Senate (now National Assembly) for the power to investigate and prosecute a crime is vested by law in the prosecuting authorities of the government
When Arnault refused to divulge the identity of the person to whom he gave an amount of P440.000, whose identity the Senate investigating committee believed him to know, the Senate pronounced him guilty of contempt and ordered his imprisonment until he would be willing to identify such person.
is the pronouncement of the senate correct? LB
Yes, as in the case of Arnault vs. Nazareno
any of the acts punished by Art. 150 may also constitute contempt of the National Assembly.
Arnault contends that prnouncement of judgment rest exclusively in the judicial department and that the legislative errerd in making that pronouncement. Is his defense tenable?
No. According to the doctrine of distribution of governmental powers, it is permissible so as long as the judiciary or executive do not release the prisoner congress has committed to prison.
Reasons for the provisions of Article 150 and the power of the National Assembly to punish for contempt.
The power of inquiry — with process to enforce it — is an essential and appropriate auxiliary to the legislative functions.
Experience has shown that mere requests for certain information are often unavailing and also that information which is volunteered is not always accurate or complete; so, some means of compulsion is essential to obtain what is needed. (See Arnault vs. Nazareno
Art. 151. ________________
Art. 151. Resistance and disobedience to a person in authority or the agents of such person
What are the two acts punished under this article?
(1) Resistance and serious disobedience; and,
(2) Simple disobedience
What are the elements of simple
disobedience?
- that an agent of a person in authority is engaged in the performance of official duty or gives a lawful order to the offender.
- that the offender disobeys such agent of a person in authority.
- that such disobedience is not of a serious nature.
What are the elements of resistance and serious disobedience?
- That a person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender.
- That the offender resists or seriously disobeys such person in authority or his agent.
- That the act of the offender is NOT included in the provisions of Arts. 148, 149, and 150.
what is the concept behind the offense of resistance and disobedience?
concept is that it consists of a failure to comply with orders directly issued by the authorities in the exercise of their official duties.
Failure to comply with legal provisions of a general character or with judicial decisions merely declaratory of rights or obligations, or violations of prohibitory decisions do not constitute the crime of disobedience to the authorities. (U.S. vs Ramayrat,
“While engaged in the performance of official duties” is this similar with phrase ‘on the occasion”?
No. the person in authority or the agent of such person must be in the actual performance of his official duties.
This is so, because there can be no resistance or disobedience when there is nothing to resist or to disobey.
Facts: In the writ of execution issued, the justice of the peace directed the sheriff to place the plaintiff in possession of the land involved in the complaint and to make return of the writ to the court. The accused was not willing to deliver to the plaintiff the land as he was directed to do by the sheriff.
Was the accused guilty of disobedience?
LB
The accused who was in possession of the land may have been unwilling to deliver it, but such unwillingness does not constitute an act of disobedience.
(US v. Ramyrat)
[Ramyrat = Many rat = i want the house says Rat man 🐀]
The disobedience contemplated(provided/stated) consists in the failure or refusal to obey a direct order. A writ of execution issued by the court directing the sheriff to place the plaintiff in possession of the property held by the defendant, is not an order addressed to the defendant — it is addressed to the sheriff.
What would it take for the accused in the case of US v. Ramyrat to be guilty of Art 151?
If the sheriff had directly ordered the accused to surrender possession of the property and accused refused.
Is knowledge that the person arresting one relevant?
Yes as in the case of US v. Bautista
Absent the knowledge, his resistance did not constitute an offense
When is resistance justified?
- The action of the accused in laying his hands on the customs secret agent, who had no right to make the search, was an adequate defense to repel the aggression of the latter, who had seized him by the arm for the purpose of searching him.
- The accused was not subject to search because when the customs authorities permitted him to land in Manila, he ceased to be a passenger liable to search. (People vs. Chan Fook)
Examples of resistance and serious disobedience
accused struck the policeman on the chest when latter was arresting the said accused (US v. Tabiana)
The defendants-appellants having obstructed the free passage along the road from the national highway to the plant of the Coca-Cola in Carlatan, by lying on the road forming roadblocks, Major Raquidan had authority to order them to clear said road so as to allow free passage thereon; and defendants-appellants having refused to obey said order
what is the crime?
crime of simple disobedience (Pp v. Macapuno)
[Macapuno = trees = hippies laying on the road]
there is no peaceful picketing as outlined and RA 3600 does not preclude peace officers from maintaining peace and order
Distinguish direct assault from resistance or serious disobedience.
[DA]
Person in authority or his agent must be engaged in the performance of official duties or that he is assaulted by reason thereof
[RSD]
Person in authority or his agent must be in actual performance of his duty
[DA]
Direct assault of the second form it is committed in 4 ways (by attacking, by employing force, by making a serious intimidation, or by making a serious resistance to a person in authority or his agents
[RSD]
Committed only by resisting or seriously disobeying a person in authority or his agent
[DA]
Force employed serious & deliberate defiance of law
[RSD]
Force is employed but it is not serious in nature
The force in resistance is not so serious as there is NO manifest intention to defy the law and the enforcers enforcing it.
NOTES
The attack or employment of force which gives rise to the crime of DA MUST BE SERIOUS AND DELIBERATE
Otherwise, even a case of simple resistance to an arrest, which always requires the use of force of some kind, would constitute DA and the lesser offense of resistance or disobedience in Art. 151 would entirely disappear.
-When the one resisted is a PA, the use of any kind or degree of force will give rise to direct assault.
-If no force is employed by the offender in resisting or disobeying a person in authority, the crime committed is resistance or serious disobedience under Art. 151 par. 1
ARTICLE 152. ___________
ARTICLE 152. PERSONS IN AUTHORITY AND AGENTS OF PERSONS IN AUTHORITY
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, shall be deemed a person in authority.
-By “directly vested with jurisdiction” is meant “the power or authority to govern and execute the laws”.
-In applying the provisions of Articles 148 and 151 of the RPC, teachers, professors, and persons charged with the supervision of public or duly recognized private schools, colleges and universities, and lawyers in the actual performance of their professional duties or on the occasion of such performance shall be deemed persons in authority.
Who is an agent of a person in authority?
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.
Examples of persons in authority (PA)
- Municipal mayor
- Division superintendent of schools
- Public and private school teachers
- Teacher-nurse
- President of sanitary division
- Provincial fiscal
- Justice of the Peace
- Municipal councilor
- Barrio captain and barangay chairman
CHAPTER FIVE – ____________
CHAPTER FIVE – PUBLIC DISORDERS
What is public disorder? (general question)
Public disorder is a serious disturbance in a place where performance of public function is being held,
- if the disturbance is not covered by Articles 131 and 132.
- If the disturbance is not serious, the crime is alarms and scandals under Article 155.
What are the crimes denominated as Public Disorder?
- Tumults and other disturbances of public order (Art. 153)
- Unlawful use of means of publication and unlawful utterances (Art. 154)
- Alarms and scandals (Art. 155)
- Delivering prisoners from jails (Art. 156)
ARTICLE 153. _________________
ARTICLE 153. TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER – TUMULTUOUS DISTURBANCES OR INTERRUPTION LIABLE TO CAUSE DISTURBANCE
What crimes comprise Art. 153?
Tumults and Other Disturbances of Public Order are:
- Causing any serious disturbance in a public place, office or establishment;
- Interrupting or disturbing performances, functions or gatherings, or peaceful meetings, if the act is NOT included in Arts. 131 and 132;
- Making any outcry TENDING to incite rebellion or sedition in any meeting, association, or public place;
- Displaying placards or emblems which provoke a disturbance of public order in such place;
- Burying with pomp the body of a person who has been legally executed.
When is an act considered as
tumultuous?
When the disturbance or interruption is committed by more than 3 persons who are armed or are provided with a means of violence.
What is meant by “outcry”?
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
