Title 3: CRIMES AGAINST PUBLIC ORDER

Question 1

Definition - REBELLION

ART. 134. REBELLION OR INSURRECTION;
HOW COMMITTED

Answer 1

A crime of masses, a vast movement of men and a complex net of intrigues and plots where the object of the movement is completely to overthrow and supersede the existing government.

Question 2

Definition - INSURRECTION

ART. 134. REBELLION OR INSURRECTION;
HOW COMMITTED

Answer 2

A movement which seeks merely to effect some change of minor importance, or to prevent the exercise of government authority with respect to particular matters or subjects.

Question 3

Definition - TERRORISM

ART. 134. REBELLION OR INSURRECTION;
HOW COMMITTED

Answer 3

When a person commits rebellion or insurrection sowing and creating a condition of widespread and extraordinary fear and panic to coerce the government to give in to an unlawful demand.

Question 4

ELEMENTS

ART. 134. REBELLION OR INSURRECTION;
HOW COMMITTED

Answer 4

a. There must be a public uprising and taking up arms against the Government;
b. Purpose of the uprising is political, either:

i. To remove from the allegiance to said
Government or its laws:
● Territory of the Philippines or any part
thereof;
● Any body of land, naval or other armed
forces.

ii. To deprive the Chief Executive or Congress, wholly or partially, any of their powers or prerogatives.

Question 5

ELEMENTS

ART. 134-A: COUP D’ ETAT

Answer 5

a. Offender is a person or persons belonging to –
i. the military or police; or
ii. holding any public office or employment;

b. Committed swift attack, accompanied by violence,
intimidation, threat, strategy or stealth;

c. Directed against:
i. duly constituted authorities;
ii. any military camp or installation;
iii. communication networks or public utilities, other facilities needed for the exercise and continued possession of power.

d. Singly or simultaneously carried out anywhere in the
Philippines;

e. Purpose of seizing or diminishing state power;
f. With or without civilian support or participation

Question 6

DEFINITION - CONSPIRACY TO COMMIT REBELLION

ART. 136. CONSPIRACY AND PROPOSAL TO COMMIT COUP D’ ETAT, REBELLION OR INSURRECTION.

Answer 6

when two or more persons come to an agreement to rise publicly and take arms against the government for any of the purposes specified and decide to commit it.

Question 7

DEFINITION - PROPOSAL TO COMMIT REBELLION

ART. 136. CONSPIRACY AND PROPOSAL TO COMMIT COUP D’ ETAT, REBELLION OR INSURRECTION.

Answer 7

when a person who
has decided to rise publicly and take arms against the government for any of the purposes specified, proposes its execution to another person

Question 8

ELEMENTS

ART. 137. DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES

Answer 8

a. Existence of rebellion;
b. Offender must be a public officer or employee; and

c. Offender commits any of the following acts:
i. fails to resist a rebellion by all means in their power;
ii. continues to discharge the duties of their office under the control of the rebels; or
iii. accepts an appointment to office under the
rebels.

Question 9

ELEMENTS

ART. 138. INCITING A REBELLION OR INSURRECTION

Answer 9

a. Offender does not take up arms or is not in open hostility against the government

b. Incites others to rise publicly and take arms against the government for any of the purposes of
rebellion; and

c. Inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end.

Question 10

ELEMENTS

ART. 139. SEDITION

Answer 10

a. Offenders rise –
i. publicly and
ii. tumultuously (caused by more than 3-armed mean or provided with means of violence;

b. There is employment of force, intimidation, or other means outside of legal methods

c. Offenders employ any of those means to attain any
of the following objects:
i. To prevent the promulgation or execution of any law or the holding of any popular election;

ii. To prevent the national government or any provincial or municipal government, or any public officer from exercising its or his function or prevent the execution of an administrative order;
iii. To commit, for any political or social end, any act of hate or revenge against private persons or any social classes;
iv. To commit, for any political or social end any act of hate or revenge upon the person or property of any public officer or employee; or
v. 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 11

DEFINITION - TUMULTUOUS

ART. 139. SEDITION

Answer 11

If caused by more than three persons who are armed or provided with the means of violence. (Art. 163)

Question 12

ELEMENTS

ART. 141. CONSPIRACY TO COMMIT SEDITION

Answer 12

a. Agreement and decision to rise publicly; and

b. For the purpose of attaining an object of sedition.

Question 13

ELEMENTS

ART. 142. INCITING TO SEDITION

Answer 13

a. The offender does not take a direct part in the crime of sedition
b. He incites others to the accomplishment of any of the acts which constitute sedition
c. That the inciting is done by means of speeches, proclamations, writing, emblems, cartoons, banners, or other representations tending to the same end

Question 14

ELEMENTS

ART. 143. ACTS TENDING TO PREVENT THE MEETING OF THE ASSEMBLY AND SIMILAR BODIES.

Answer 14

a. There be a projected or actual meeting of the National Assembly or any of its committees or subcommittees, constitutional committees or division thereof, or any provincial board or city or municipal council or board;
b. Offender who may be any person prevents such meeting by force or fraud

Question 15

ELEMENTS

ART. 144. DISTURBANCE OF PROCEEDINGS

Answer 15

a. There be a meeting of the National Assembly, its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board; and

b. The offender does any of the following acts:
i. disturbs any of such meetings;
ii. behaves so as to interrupt its proceedings or to impair the respect due it, while in the presence of such bodies.

Question 16

ACTS PUNISHABLE

ART. 145. VIOLATION OF PARLIAMENTARY IMMUNITY

Answer 16

1) By using force, intimidation, threats, or frauds to
prevent any member of Congress from –
A. attending the meeting of the assembly or any
of its committees, constitutional commissions
or committees or divisions thereof, or from
B. expressing his opinions or
C. casting his vote

(2) By arresting or searching any member thereof while Congress is in a 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 17

DEFINITION - ILLEGAL ASSEMBLIES

ART. 146. ILLEGAL ASSEMBLIES

Answer 17

(1) A meeting attended by armed persons for the purpose of committing any of the crimes punishable under this Code.
(2) A meeting in which the audience, whether armed or not, is incited to the commission of the crimes of treason, sedition or assault upon a person in authority or his agent

Question 18

DEFINITION - ILLEGAL ASSOCIATIONS

ART. 146. ILLEGAL ASSOCIATIONS

Answer 18

(1) Those totally or partially organized for the purpose
of committing any of the crimes punishable under
this Code; and

(2) Those totally or partially organized for some purpose contrary to public morals.

Question 19

FORMS OF DIRECT ASSAULT

ART. 148. DIRECT ASSAULTS

Answer 19

1st form – Without public uprising, by employing force or intimidation for attaining rebellion or sedition

2nd form - Without public uprising, by attacking, by
employing force, or by seriously intimidating or seriously resisting any person in authority or his agents, while engaged in the performance of official duties

Question 20

QUALIFIED DIRECT ASSAULT

ART. 148. DIRECT ASSAULTS

Answer 20

(1) when the assault is committed with a weapon
(2) when the offender is a public officer or employee

(3) when the offender lays hand upon a person in
authority

Question 21

ELEMENTS

ART. 149. INDIRECT ASSAULTS

Answer 21

a. A person in authority or his agent is the victim of any of the forms of direct assault defined in Article 148;

b. A person comes to the aid of such authority or his
agent; and

c. Offender makes use of force or intimidation upon such person coming to the aid of the authority or his
agent.

Question 22

ACTS PUNISHED

ART. 150. DISOBEDIENCE TO SUMMONS ISSUED BY CONGRESS, ITS COMMITTEES OR SUBCOMMITTEES, BY THE CONSTITUTIONAL COMMISSIONS, ITS COMMITTEES, SUBCOMMITTEES OR DIVISIONS.

Answer 22

(1) By refusing, without legal excuse, to obey summons of Congress, 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; or
(5) By inducing disobedience to a summons or refusal to be sworn by any such body or official.

Question 23

ELEMENTS OF RESISTANCE AND SERIOUS DISOBEDIENCE

ART. 151. RESISTANCE AND
DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS OF SUCH PERSON

Answer 23

a. A person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender;
b. Offender resists or seriously disobeys such person in authority or his agent;
c. The act of the offender is not included in the provision of Articles 148, 149 and 150

Question 24

ELEMENTS SIMPLE DISOBEDIENCE

ART. 151. RESISTANCE AND
DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS OF SUCH PERSON

Answer 24

a. An agent of a person in authority is engaged in the performance of official duty or gives a lawful order
to the offender;

b. Offender disobeys such agent of a person in authority;
c. Such disobedience is not of a serious nature

Question 25

PERSONS IN AUTHORITY

ART. 152. PERSONS IN AUTHORITY AND
AGENTS OF PERSONS IN AUTHORITY; WHO SHALL BE DEEMED AS SUCH

Answer 25

Any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission:

(1) Barangay captain
(2) Barangay chairman
(3) Teachers
(4) Professors
(5) Persons charged with the supervision of public or duly recognized private schools, colleges and universities
(6) Lawyers in the actual performance of their professional duties or on the occasion of such performance

Question 26

AGENT OF PERSON IN AUTHORITY

ART. 152. PERSONS IN AUTHORITY AND
AGENTS OF PERSONS IN AUTHORITY; WHO SHALL BE DEEMED AS SUCH

Answer 26

Any person who, by direct provision of law/by election/appointment by competent authority, is charged with the maintenance of public order and protection and security of life and property:

(1) Barrio councilman
(2) Barrio policeman
(3) Barangay leader
(4) Any person who comes to the aid of persons in authority

Question 27

ACTS PUNISHED

ART. 153. TUMULTS AND OTHER DISTURBANCE OF PUBLIC ORDERS; TUMULTUOUS DISTURBANCE OR INTERRUPTION LIABLE TO CAUSE DISTURBANCE.

Answer 27

(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 Articles 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; and

(5) Burying the pomp the body of a person who has been legally executed.

Question 28

ACTS PUNISHED

ART. 154. UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES

Answer 28

(1) Any person who by means of printing, lithography, or any other means of publication shall publish or cause to be published as news any false news which may endanger the public order, or cause damage to the interest or credit of the State;

(2) Any person who by the same means, or by words,
utterances or speeches shall encourage disobedience to the law or to the constituted authorities or praise, justify, or extol any act punished by law;

(3) Any person who shall maliciously publish or cause to be published any official resolution or document without proper authority, or before they have been published officially; or
(4) Any person who shall print, publish, or distribute or cause 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.

Question 29

ACTS PUNISHED

ART. 155. ALARMS AND SCANDALS

Answer 29

(1) Discharging any firearm, rocket, firecracker, or other
explosives within any town or public place calculated
to cause alarm or danger;

(2) Instigating or taking active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility.
(3) Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusement;

(4) Causing any disturbance or scandal in public places while intoxicated or otherwise, provided the act is not
covered by Art 153 (tumult)

Question 30

ELEMENTS

ART. 156. DELIVERY OF PRISONER FROM JAILS

Answer 30

a. There is a person confined in a jail or penal
establishment; and

b. Offender removes therefrom such person or helps the escape of such person.

Question 31

ELEMENTS

ART. 157. EVASION OF SERVICE OF SENTENCE

Answer 31

a. Offender is a convict by final judgment;
b. He is serving sentence, which consists in the deprivation of liberty; and
c. He evades service of his sentence by escaping during the term of his imprisonment

Question 32

ELEMENTS

ART. 158. EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF
DISORDER, CONFLAGRATIONS, EARTHQUAKES, OR OTHER CALAMITIES

Answer 32

a. Offender is a convict by final judgment who is
confined in a penal institution;

b. There is disorder, resulting from –
i. Conflagration;
ii. Earthquake;
iii. Explosion; or
iv. Similar Catastrophe; or
v. Mutiny in which he has not participated;

c. He evades the service of his sentence by leaving
the penal institution where he is confined, on the occasion of such disorder or during mutiny; and

d. He fails to give himself up to the authorities within 48 hours following the issuance of proclamation by the Chief Executive announcing the passing away of such calamity.

Question 33

ELEMENTS

ART. 159. OTHER CASES OF EVASION OF SERVICE OF SENTENCE

Answer 33

a. Offender was a convict;
b. He was granted pardon by the Chief Executive; and
c. He violated any of the conditions of such pardon.

Question 34

ELEMENTS

ART. 160. COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER OFFENSE

Answer 34

a. Offender was already convicted by final judgment of one offense;
b. He committed a new felony before beginning to serve such sentence or while serving the same.