TITLE III Flashcards
Article 134
Rebellion or Insurrection
Elements
1. There is a public uprising and taking arms against the
government; (requires multitude of people)
2. The purpose of the uprising or movement is
a. to remove from the allegiance to the government or its
laws Philippine territory or any part thereof, or any
body of land, naval, or other armed forces; or
b. to deprive the Chief Executive or Congress, wholly or
partially, of any of their powers or prerogatives.
Article 134-A
Coup d’ etat
Elements
1. Offender is a person or persons belonging to the military or
police or holding any public office or employment;
2. It is committed by means of a swift attack accompanied by
violence, intimidation, threat, strategy or stealth;
3. The attack is directed against the duly constituted
authorities of the Republic of the Philippines, or any military
camp or installation, communication networks, public
utilities or other facilities needed for the exercise and
continued possession of power;
4. The purpose of the attack is to seize or diminish state
power.
Article 136
Conspiracy and Proposal to Commit Coup
d’ etat, Rebellion or Insurrection
There is conspiracy to commit rebellion when two or more
persons come to an agreement to rise publicly and take arms
against government for any of the purposes of rebellion and
decide to commit it.
There is proposal to commit rebellion when the person who
has decided to rise publicly and take arms against the
government for any of the purposes of rebellion proposes its
execution to some other person or persons
Article 137
Disloyalty of Public Officers or Employees
Acts punished
1. By failing to resist a rebellion by all the means in their
power;
2. By continuing to discharge the duties of their offices under
the control of the rebels; or
3. By accepting appointment to office under them.
Offender must be a public officer or employee.
Article 139
Sedition
Elements
1. Offenders rise publicly and tumultuously;
2. Offenders employ force, intimidation, or other means
outside of legal methods;
3. Purpose is to attain any of the following objects:
a. To prevent the promulgation or execution of any law or
the holding of any popular election;
b. To prevent the national government or any provincial
or municipal government, or any public officer from
exercising its or his functions or prevent the execution
of an administrative order;
c. To inflict any act of hate or revenge upon the person
or property of any public officer or employee;
d. To commit, for any political or social end, any act of
hate or revenge against private persons or any social
classes;
e. 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.
Article 142
Inciting to Sedition
Acts punished
1. Inciting others to the accomplishment of any of the acts
which constitute sedition by means of speeches,
proclamations, writings, emblems, etc.;
2. Uttering seditious words or speeches which tend to disturb
the public peace;
3. Writing, publishing, or circulating scurrilous libels against
the government or any of the duly constituted authorities
thereof, which tend to disturb the public peace.
Elements
1. Offender does not take direct part in the crime of sedition;
2. He incites others to the accomplishment of any of the acts
which constitute sedition; and
3. Inciting is done by means of speeches, proclamations,
writings, emblems, cartoons, banners, or other
representations tending towards the same end.
Article 138
Inciting to Rebellion or Insurrection
Elements
1. Offender does not take arms or is not in open hostility
against the government;
2. He incites others to the execution of any of the acts of
rebellion;
3. The inciting is done by means of speeches, proclamations,
writings, emblems, banners or other representations
tending to the same end.
Conspiracy to Commit Sedition
In this crime, there must be an agreement and a decision to rise
publicly and tumultuously to attain any of the objects of sedition.
There is no proposal to commit sedition.
objective of sedition
to express protest
against the government and in the process creating hate
against public officers, any act that will generate hatred against
the government or a public officer concerned or a social class
may amount to Inciting to sedition.
Article 143
Acts Tending to Prevent the Meeting of the
Congress of the Philippines and Similar
Bodies
Elements
1. There is a projected or actual meeting of Congress or any
of its committees or subcommittees, constitutional committees or divisions thereof, or of any provincial board
or city or municipal council or board;
- Offender, who may be any person, prevents such meetings
by force or fraud.
Article 144
Disturbance of Proceedings
Elements
1. There is a meeting of Congress or any of its committees or
subcommittees, constitutional commissions or committees
or divisions thereof, or of any provincial board or city or
municipal council or board;
2. Offender does any of the following acts:
a. He disturbs any of such meetings;
b. He behaves while in the presence of any such bodies
in such a manner as to interrupt its proceedings or to
impair the respect due it
Article 145
Violation of Parliamentary Immunity
Acts punished
1. Using force, intimidation, threats, or frauds to prevent any
member of Congress from attending the meetings of
Congress or of any of its committees or subcommittees,
constitutional commissions or committees or divisions
thereof, or from expressing his opinion or casting his vote;
Elements
1. Offender uses force, intimidation, threats or fraud;
2. The purpose of the offender is to prevent any member
of Congress from –
a. attending the meetings of the Congress or of any
of its committees or constitutional commissions,
etc.;
b. expressing his opinion; or
c. casting his vote.
- Arresting or searching any member thereof while Congress
is in regular or special session, except in case such
member has committed a crime punishable under the Code
by a penalty higher than prision mayor.
Elements - Offender is a public officer of employee;
- He arrests or searches any member of Congress;
- Congress, at the time of arrest or search, is in regular
or special session; - The member arrested or searched has not committed
a crime punishable under the Code by a penalty
higher than prision mayor
Article 146
Illegal Assemblies
Acts punished
1. Any meeting attended by armed persons for the purpose of
committing any of the crimes punishable under the Code;
Elements
1. There is a meeting, a gathering or group of persons,
whether in fixed place or moving;
2. The meeting is attended by armed persons;
3. The purpose of the meeting is to commit any of the
crimes punishable under the Code.
- Any meeting in which the audience, whether armed or not,
is incited to the commission of the crime of treason,
rebellion or insurrection, sedition, or assault upon person in
authority or his agents. - There is a meeting, a gathering or group of persons,
whether in a fixed place or moving; - The audience, whether armed or not, is incited to the
commission of the crime of treason, rebellion or
insurrection, sedition or direct assault.
Article 147
Illegal Associations
Illegal Associations
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.
Article 148
Direct Assault
Acts punished
- Without public uprising, by employing force or intimidation
for the attainment of any of the purposes enumerated in
defining the crimes of rebellion and sedition;
Elements - Offender employs force or intimidation;
- The aim of the offender is to attain any of the
purposes of the crime of rebellion or any of the objects
of the crime of sedition; - There is no public uprising.
- Without public uprising, by attacking, by employing force or
by seriously intimidating or by 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.
Elements - Offender makes an attack, employs force, makes a
serious intimidation, or makes a serious resistance; - The person assaulted is a person in authority or his
agent; - At the time of the assault, the person in authority or
his agent is engaged in the actual performance of
official duties, or that he is assaulted by reason of the
past performance of official duties; - Offender knows that the one he is assaulting is a
person in authority or his agent in the exercise of his
duties. - There is no public uprising.
Article 149
Indirect Assault
Elements
1. A person in authority or his agent is the victim of any of the
forms of direct assault defined in Article 148;
2. A person comes to the aid of such authority or his agent;
3. Offender makes use of force or intimidation upon such
person coming to the aid of the authority or his agent
The victim in indirect assault should be a private person
who comes in aid of an agent of a person in authority.
Article 150
Disobedience to Summons Issued by
Congress, Its Committees or
Subcommittees, by the Constitutional
Commissions, Its Committees,
Subcommittees or Divisions
Acts punished
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;
5. By inducing disobedience to a summons or refusal to be
sworn by any such body or official.
Article 151
Resistance and Disobedience to A Person
in Authority or the Agents of Such Person
Elements of resistance and serious
disobedience under the first
paragraph
1. A person in authority or his agent is engaged in the
performance of official duty or gives a lawful order to the
offender;
2. Offender resists or seriously disobeys such person in
authority or his agent;
3. The act of the offender is not included in the provision of
Articles 148, 149 and 150.
Elements of simple disobedience under the
second paragraph
1. An agent of a person in authority is engaged in the
performance of official duty or gives a lawful order to the
offender;
2. Offender disobeys such agent of a person in authority;
3. Such disobedience is not of a serious nature.
Article 153
Tumults and Other
Disturbances of Public Order
Acts punished
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;
5. Burying with pomp the body of a person who has been
legally executed.
Article 154
Unlawful Use of Means of Publication and
Unlawful Utterances
Acts punished
1. Publishing or causing to be published, by means of
printing, lithography or any other means of publication, as
news any false news which may endanger the public order;
or cause damage to the interest or credit of the State;
2. Encouraging disobedience to the law or to the constituted
authorities or praising, justifying or extolling any act
punished by law, by the same means or by words,
utterances or speeches;
3. Maliciously publishing or causing to be published any
official resolution or document without proper authority, or
before they have been published officially;
4. Printing, publishing or distributing (or causing the same)
books, pamphlets, periodicals, or leaflets which do not bear
the real printer’s name, or which are classified as
anonymous.
Article 155
Alarms and Scandals
Acts punished
1. Discharging any firearm, rocket, firecracker, or other
explosive within any town or public place, calculated to
cause (which produces) alarm of danger;
2. Instigating or taking an 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 amusements;
4. Causing any disturbance or scandal in public places while
intoxicated or otherwise, provided Article 153 in not
applicable.
Article 156
Delivering Prisoners from Jail
Article 156
Delivering Prisoners from Jail
Elements
1. There is a person confined in a jail or penal establishment;
2. Offender removes therefrom such person, or helps the
escape of such person.
Article 157
Evasion of Service of Sentence
Elements
1. Offender is a convict by final judgment
2. He is serving sentence which consists in the deprivation of
liberty;
3. He evades service of his sentence by escaping during the
term of his imprisonment.
Evasion of service of sentence has three forms:
(1) By simply leaving or escaping from the penal
establishment under Article 157;
(2) Failure to return within 48 hours after having left the penal
establishment because of a calamity, conflagration or
mutiny and such calamity, conflagration or mutiny has been
announced as already passed under Article 158;
(3) Violating the condition of conditional pardon under Article
159.
In leaving or escaping from jail or prison, that the prisoner
immediately returned is immaterial. It is enough
that he left the penal establishment by escaping
therefrom. His voluntary return may only be
mitigating, being analogous to voluntary surrender.
But the same will not absolve his criminal liability
