Title 3: CRIMES AGAINST PUBLIC ORDER Flashcards
Definition - REBELLION
ART. 134. REBELLION OR INSURRECTION;
HOW COMMITTED
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.
Definition - INSURRECTION
ART. 134. REBELLION OR INSURRECTION;
HOW COMMITTED
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.
Definition - TERRORISM
ART. 134. REBELLION OR INSURRECTION;
HOW COMMITTED
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.
ELEMENTS
ART. 134. REBELLION OR INSURRECTION;
HOW COMMITTED
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.
ELEMENTS
ART. 134-A: COUP D’ ETAT
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
DEFINITION - CONSPIRACY TO COMMIT REBELLION
ART. 136. CONSPIRACY AND PROPOSAL TO COMMIT COUP D’ ETAT, REBELLION OR INSURRECTION.
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.
DEFINITION - PROPOSAL TO COMMIT REBELLION
ART. 136. CONSPIRACY AND PROPOSAL TO COMMIT COUP D’ ETAT, REBELLION OR INSURRECTION.
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
ELEMENTS
ART. 137. DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES
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.
ELEMENTS
ART. 138. INCITING A REBELLION OR INSURRECTION
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.
ELEMENTS
ART. 139. SEDITION
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.
DEFINITION - TUMULTUOUS
ART. 139. SEDITION
If caused by more than three persons who are armed or provided with the means of violence. (Art. 163)
ELEMENTS
ART. 141. CONSPIRACY TO COMMIT SEDITION
a. Agreement and decision to rise publicly; and
b. For the purpose of attaining an object of sedition.
ELEMENTS
ART. 142. INCITING TO SEDITION
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
ELEMENTS
ART. 143. ACTS TENDING TO PREVENT THE MEETING OF THE ASSEMBLY AND SIMILAR BODIES.
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
ELEMENTS
ART. 144. DISTURBANCE OF PROCEEDINGS
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.
ACTS PUNISHABLE
ART. 145. VIOLATION OF PARLIAMENTARY IMMUNITY
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
DEFINITION - ILLEGAL ASSEMBLIES
ART. 146. ILLEGAL ASSEMBLIES
(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
DEFINITION - ILLEGAL ASSOCIATIONS
ART. 146. ILLEGAL ASSOCIATIONS
(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.
FORMS OF DIRECT ASSAULT
ART. 148. DIRECT ASSAULTS
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
QUALIFIED DIRECT ASSAULT
ART. 148. DIRECT ASSAULTS
(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
ELEMENTS
ART. 149. INDIRECT ASSAULTS
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.
ACTS PUNISHED
ART. 150. DISOBEDIENCE TO SUMMONS ISSUED BY CONGRESS, ITS COMMITTEES OR SUBCOMMITTEES, BY THE CONSTITUTIONAL COMMISSIONS, ITS COMMITTEES, SUBCOMMITTEES OR DIVISIONS.
(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.
ELEMENTS OF RESISTANCE AND SERIOUS DISOBEDIENCE
ART. 151. RESISTANCE AND
DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS OF SUCH PERSON
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
ELEMENTS SIMPLE DISOBEDIENCE
ART. 151. RESISTANCE AND
DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS OF SUCH PERSON
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
