Title III_ CRIMES AGAINST PUBLIC ORDER

Question 1

What are the elements of rebellion or insurrection?
[Article 134]

Answer 1

1. That there be:a. Public uprising; and
   b. Taking of arms against
   the Government
2. 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

Question 2

What are the elements of coup d’etat?
[Article 134-A]

Answer 2

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.

Question 3

What are the punishable acts of disloyalty?
[Article 137]

Answer 3

1. Falling to resist a rebellion by all the means in their power
2. Continuing to discharge the duties of their offices under the control of the rebels; and
3. Accepting appointment to office under them

Question 4

What are the elements of inciting to rebellion or insurrection?
[Article 138]

Answer 4

1. Offender does not take arms or is not in open hostility against the government
2. He incites others to rise publicly and take arms against the Government for any of the purposes of the rebellion; and
3. 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.]

Question 5

What are the elements of sedition?
[Article 139]

Answer 5

1. Offenders rise (1) publictly and (2) tumultously;
2. They employ force, intimidation, or other means outside of legal methods; and
3. 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.

Question 6

What are the acts of inciting to sedition?
[Article 142]

Answer 6

1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclaimations, wrtings, emblems, etc.;
2. Uttering seditious words or speeches which tend to disturb the public peace; and
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.

Question 7

What are the elements of acts tending to prevent the meeting of the national assembly and similiar bodies?
[Article 143]

Answer 7

1. 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
2. Offender who may be any person prevents such a meeting by force or fraud.

Question 8

What are the elements of disturbance of proceedings?
[Article 144]

Answer 8

1. 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.

Question 9

What are the acts punishable under violation of parliamentary immunity?
[Article 145]

Answer 9

Acts punishable under this crime

1. 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.

2. 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.

Question 10

What are the forms of illegal assemblies and their elements?
[Article 146]

Answer 10

Forms of illegal assemblies and their elements

1. 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.

2. 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.

Question 11

What are the acts considered as illegal associations?
[Article 147]

Answer 11

1. Associations totally or partially organized for the purpose of committing any of the crimes punishable under the Code; or
2. Associations totally or partially organized for some purpose contrary to public morals

Question 12

How is direct assault committed and what are the elements?
[Article 148]

Answer 12

1. 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.

2. 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

Question 13

What are the elements of indirect assault?
[Article 149]

Answer 13

1. An agent of a a person in authority is the the victim of any of the forms of direct assault defined in Article 148;
2. A person comes to the aid of such authority; and
3. That the offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent

Question 14

What are the acts punished as disobedience to the National Assembly (Congress) or Constitutional Commission?
[Article 150]

Answer 14

Acts punished as disobedience to the National Assembly (Congress) or Constitutional Commission

1. 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.
2. Refusing to be sworn or placed under affirmation while being before such legislative or constitutional body or official;
3. 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. Restraining another from attending as a witness in such legislative or constitutional body; or
5. 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.]

Question 15

What are the elements of resistance and disobedience to a person in authority or his agents?
[Article 151]

Answer 15

Elements of resistance:

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. The offender resists or seriously disobeys such person in authority or his agent; and
3. That the act of the offender is not included is the provisions of Articles 148, 149, and 150.

Elements of simple disobedience:

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. The offender disobeys such agent of a perdon in authority; and
3. Such disobedience is not of a serious nature.

Question 16

Who are the persons in authority? Who are the agents of person in authority? [Article 152]

Answer 16

Who are persons in authority?
1. Mayors;
2. Division superintendent of schools;
3. Public and private school teachers;
4. provincial fiscal,
5. Judges;
6. Lawyers in actual performance of duties;
7.Sangguniang Bayan Member;
8. Barangay Chairman; and
9. Members of the Lupong Tagapamayapa

[Note: Items 7, 8, and 9 of the enumeration are added by the LGC- SEC. 388.]

Who are agents of persons in authority?

Any person who by direct provision of law or by election of by appointment by competent authority is charge with the:

1. Maintenance if public order; and

2 Protection and security of life and property.

Note: Agents of persons in authority includes:

1. Barangay kagawad
2. Barangay tanod
3. Barangay councilman; and
4. Any person who comes to the aid of persons in authority.

Question 17

What are the acts punishable under tumults and other disturbances of public disorder? [Article 153]

Answer 17

1 Causing any serious disturbance in a public place, office, or establishment

2. Interrupting or disturbing performances, functions or gatherings, or peaceful meetings, of the act is not included in Article 13 and 132

[NOTE: The crime is qualified, if disturbance or interruption is of a tumultuous character]

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 disorder in such place;
5. Burying with pomp the body of a person who has been legally executed

[NOTE: Burying with pomp the body of a person contemplates an ostentatious display of a burial as if the person legally executed is a hero.]

Question 18

What are the punishable acts under unlawful use of means of publication and unlawful utterances? [Article 154]

Answer 18

Punishable acts:

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 by 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 books, pamphlets, periodicals, or leaflets which do not bear the real printer’s name, or which are classified as anonymous.

[NOTE: RA. 248 prohibits the reprinting reproduction, republication of government publications and official documents without previous authority]

Question 19

What are the punishable acts under alarms and scandals? [Article 155]

Answer 19

1.Discharging any firearm, rocket, firecrackers, or other explosive within any town or public place, calculated to cause alarm of danger.

NOTE: The discharge may be in one’s home since the law does not distinguish as to where in town. The discharge of firearms and rockets during town fiestas and festivals are not covered by the law when the same is not intended to cause alarm or danger.

2. Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility;

[NOTE: The term “charivari” includes a medley of discordant voices, a mock of serenade of discordant noises made on kettles, tins, horns, etc., designed to annoy and insult; (Reyes, 2008)]

3. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements; and
4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided Art. 153 si not applicable.

[NOTE: fI the disturbance is of a serious nature, the case will fal under Art. 153.]

Question 20

What are elements of delivering prisoners from jail?
[Article 156]

Answer 20

1. There is a person confined in a jail or penal establishments; and
2. That the offender removes therefrom such person, or helps the escape of such person

[Note: Article 156 applies even if the prisoners is in a hospital or an asylum as it is considered an extension of he penal institution.]

Question 21

What are the elements of evasion by escaping during term of sentence? [Article 157]

Answer 21

1. Offender is a convict by final judgement;
2. He is serving his sentence which consists in deprivation of liberty; and
3. He evades the service of his sentence by escaping during the term of his sentence.

Question 22

What are the elements of evasion on the occassion of disorders? [Article 158]

Answer 22

1. Offender is a convict by final judgment who is confined in a penal institution;
2. There is disorder, which results from:
   -conflagration
   -earthquake
   -explosion
   -other similar catastrophe, or
   -mutiny in which he has not participated
3. Offender evades the service of his sentence by leaving the penal institution where he is confined on the occasion of such disorder or during the mutiny; and
4. Offender fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity.

Question 23

What are the elements of evasion by violation of conditional pardon? [Article 159]

Answer 23

1. Offender was a convict;

2.That he was granted a conditional pardon by the Chief Executive; and

3. He violated any of the conditions of such pardon

Question 24

What are the elements of quasi-recidivism?
[Article 160]

Answer 24

1. Offender was already convicted by final judgment of one offense; and
2. That he committed a new felony before beginning to serve such a sentence or while serving the same.