Title III_ CRIMES AGAINST PUBLIC ORDER Flashcards
What are the elements of rebellion or insurrection?
[Article 134]
- That there be:a. Public uprising; and
b. Taking of arms against
the Government - Purpose of uprising or movement is either to:
a. Remove from the allegiance to said government or its laws:
i. The territory of the Philippines or any part thereof; or ii. Any body of land, naval or other armed forces
b. Deprive the Chief Execituve or Congress, wholly or partially, any of their powes or prerogatives
What are the elements of coup d’etat?
[Article 134-A]
a. Offender is a person or persons belonging to the military or police or holding any public office or employment;
b. There be a swift attack accompanied by violence, intimidation, threat, strategy or stealth;
c. The purpose of the attack is to seize or diminish State power; and
d. The attack is directed against duly constituted authorities of the Rebublic 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.
What are the punishable acts of disloyalty?
[Article 137]
- Falling to resist a rebellion by all the means in their power
- Continuing to discharge the duties of their offices under the control of the rebels; and
- Accepting appointment to office under them
What are the elements of inciting to rebellion or insurrection?
[Article 138]
- Offender does not take arms or is not in open hostility against the government
- He incites others to rise publicly and take arms against the Government for any of the purposes of the rebellion; and
- The inciting is done by means of speeches, proclaimations, writings, emblems, hammers or other representations tending to the same end
[NOTE: The act of inciting must have been intentionally calculated to induce others to commit rebellion.]
What are the elements of sedition?
[Article 139]
- Offenders rise (1) publictly and (2) tumultously;
- They employ force, intimidation, or other means outside of legal methods; and
- The offenders employ any of those means to attain any of the following objects or purposes:
a. Prevent the promulgation or execution of any law or the holding of any popular election;
b. Prevent the National Government, or any provincial or municipal government, or any public officer thereof from freely exercising its or his functons, or prevent the execution of any administrative order;
c. Inflict any act of hate or revenge upon the person or property of any public officer or employee;
d. Commit for any political or social end any act of hate or revenge against private persons or any social class; and
e. Despoil, for any political or social end, any person, municipality or province, or the National Government of all its property or any part thereof.
What are the acts of inciting to sedition?
[Article 142]
- Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclaimations, wrtings, emblems, etc.;
- Uttering seditious words or speeches which tend to disturb the public peace; and
- Writing, publishing, or circulating scurrilous libels against the Government or any of the duly constituted authorities thereof, which tend to disturb the public peace.
What are the elements of acts tending to prevent the meeting of the national assembly and similiar bodies?
[Article 143]
- There be a projected or actual meeting of the National Assembly (Congress of the Philippines) or any of its committees or subcommittees, constitutional committees or divisions thereof, or any of the provincial board or city or municipal council or board; and
- Offender who may be any person prevents such a meeting by force or fraud.
What are the elements of disturbance of proceedings?
[Article 144]
- That there be a meeting of the National Assembly (Congress of the Philippines) 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; and
2.Offender does any of the following acts:
A. Disturbs any of such meetings; or
B. Behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or not impair the respect due it.
What are the acts punishable under violation of parliamentary immunity?
[Article 145]
Acts punishable under this crime
- By using force, intimidation, threats, or fraud to prevent any member of the National Assembly (Congress of the Philippines) from:
a. Attending the meetings of the Assembly of any of its committees or subcommities, constituttional commissions or commitees or divisions thereof, or
b. From expressing his opinions or
c. Casting his vote
The offender in this case may be any person.
- By arresting or searching any member thereof while the Nationa Assembly is in regular or special session, except in case such member had committed a crime punishable under the Code by a penalty higher than prision mayor.
What are the forms of illegal assemblies and their elements?
[Article 146]
Forms of illegal assemblies and their elements
- Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the code.
Elements:
a. There is a meeting, a gathering or group of persons, whether in a fixed placed or moving;
b. The meeting is attended by armed persons; and
c. The purpose of the meeting is to commit any of the crimes punishable under the Code.
- Any meeting in which the audience, whather armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault
Elements:
a. There is a meeting, a gathering or group of persons, whether in a fixed place or moving; and
b. The audience, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault.
What are the acts considered as illegal associations?
[Article 147]
- Associations totally or partially organized for the purpose of committing any of the crimes punishable under the Code; or
- Associations totally or partially organized for some purpose contrary to public morals
How is direct assault committed and what are the elements?
[Article 148]
- 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:
a. offender employs force or intimidation.
b. 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; and
c. 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 the occassion of such performance.
Elements:
a. Offender:
i. makes an attack
ii. Employs force
iii. Makes serious intimidation, or
iv. Makes a serious resistance
b. Person assaulted is a person in authority or his agents
c. That, at the time of the assault, the person in authority or his agent:
i. is ingageged in the performance f official duties, or that he is assaulted
ii. On occassion of such performace;
d. The offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties; and
e. There is no public uprising
What are the elements of indirect assault?
[Article 149]
- An agent of a a person in authority is the the victim of any of the forms of direct assault defined in Article 148;
- A person comes to the aid of such authority; and
- That the offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent
What are the acts punished as disobedience to the National Assembly (Congress) or Constitutional Commission?
[Article 150]
Acts punished as disobedience to the National Assembly (Congress) or Constitutional Commission
- Refusing, without legal excuse, to obey summons of the National Assembly, it special or standing committees and subcommittes, the Constitutional Commissions and its committees, subcommittees or divisions, or by any commission or committee chairman or member authorized to summon witnesses.
- Refusing to be sworn or placed under affirmation while being before such legislative or constitutional body or official;
- 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;
- Restraining another from attending as a witness in such legislative or constitutional body; or
- Inducing disobedience to a summons or refusal to be sworn by any such body or official.
[Any of the acts enumerated may also constitute contempt of Congress and could be punished as such independent of the criminal prosecution.]
What are the elements of resistance and disobedience to a person in authority or his agents?
[Article 151]
Elements of resistance:
- A person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender.
- The offender resists or seriously disobeys such person in authority or his agent; and
- That the act of the offender is not included is the provisions of Articles 148, 149, and 150.
Elements of simple disobedience:
- An agent of a person in authority is engaged in the performance of official duty or gives a lawful order to the offender;
- The offender disobeys such agent of a perdon in authority; and
- Such disobedience is not of a serious nature.