Title 3 - [2/3] Flashcards (143-148)
CHAPTER TWO - CRIMES AGAINST POPULAR REPRESENTATION
SECTION ONE – ______________________________
SECTION ONE – CRIMES AGAINST LEGISLATIVE BODIES AND SIMILAR
BODIES
ARTICLE 143. __________________
ARTICLE 143. ACTS TENDING TO PREVENT THE MEETING OF THE ASSEMBLY AND SIMILAR BODIES
What are the elements of the crime?
- That there be a projected or actual meeting of the National Assembly (Congress) or any of its committees or subcommittees, constitutional committees or divisions thereof, or any provincial board or city or municipal council or board;
[N-C-Sc-Cc-D-Pb-C-M-B] - That the offender who may be any person prevents such meeting by force or fraud.
Speak about the case of Pp v Alipit
Chief of police and mayor (any persons) who prevented the meeting of the municipal council are liable under Art. 143, when the defect of the meeting is not manifest and requires an investigation before its existence can be determined.
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Facts: The election of the municipal president was contested on the ground of minority. He yielded the chair to the vice-president. The meeting of the municipal council presided over by the vice-president was stopped by the chief of police and the municipal president by arresting the vicepresident and threatening the councilors with arrest if they would continue holding the meeting. The councilors then dispersed, leaving the premises.
Held: Any stranger, even if he be the municipal president himself or the chief of the municipal police, must respect the meeting of the municipal council presided over by the vice-president and he has no right to dissolve it through violence under the pretext of lack of notice to some members of the council, which^was not apparent, but required an investigation before it could be determined
Article 144 ________________
Article 144 Disturbance of Proceedings
how different from unjust vexation?
Elements
Elements:
1. That there be a meeting of the National Assembly or any of its committees or subcommittees, constitutional committees or divisions thereof, or any provincial board or city or municipal council or board;
- That the offender does any of the following acts:
a. He disturbs any of such meetings;
b. He behaves while in the presence of any of such bodies in such a manner as to interrupt its proceedings OR to impair the respect due it.
What specific meetings for the violation of art 144 to be present?
- legislative meetings
- provincial board or city meetings
- municipal council meetings
- board meetings
Speak of the case of Pp v. Calera
Thus, where during a meeting of municipal officials called by the mayor, the chief of police kept on talking although he had been asked by the mayor to sit down, and there was a heated exchange of words among the mayor, a councilor and the chief of police, the chief of police is not guilty of a violation of Art. 144, but only of unjust vexation under Art. 287. (People vs. Calera)
The reason for this ruling is that it was not a meeting of a municipal council, the chief of police who was not a member of the council being a participant therein.
who may file a complaint for the disturbance of proceedings?
LB
may be filed by a member of a legislative body
Pp. v. Lapid
What does it mean for a crime to be ‘de oficio’?
public officials can initiate proceedings w/o formal complaint from the victim
When a crime is said to be prosecutable “de oficio,” it means that law enforcement or prosecuting authorities can initiate legal proceedings without waiting for a formal complaint from the victim or another party.
What other crime can an offender be liable if he violates art 144 in the context of a National Assembly?
may also be punished for contempt by the Assembly.
The implied power to punish for contempt of the National Assembly is coercive in nature.
The power to punish crime is punitive in character.
Thus, the same act could be made the basis for contempt proceedings and for criminal prosecution. (Lopez vs. De los Reyes)
coercive - compelling compliance or obedience rather than punishing
SECTION TWO –__________
SECTION TWO – VIOLATION OF
PARLIAMENTARY IMMUNITY
ARTICLE 145.____________
ARTICLE 145. VIOLATION OF
PARLIAMENTARY IMMUNITY
What are the acts punishable under this provision?
1ST ACT
- Any person, by using force, intimidation, threats, or frauds [fitf] to prevent any member of the National Assembly from:
- attending the meetings of the Assembly or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or
- from expressing his opinions
- or casting his vote
*note: offender is ANY person
2ND ACT
By arresting or searching any member thereof while the National Assembly 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 [RT: 12y.1d - 20y]
Note: To be consistent with the 1987 Constitution, the phrase “by a penalty higher than prision mayor” in Art. 145 should be amended to read: “by the penalty of prision mayor or higher.”
.
what are the elements of the first act?
ELEMENTS
- attending the meetings of the Assembly or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or
- from expressing his opinions
- or casting his vote.
what are the elements of the 2nd act?
ELEMENTS
a. The offender is a public officer/employee
(i. Reason: He must be authorized to make the arrest/search)
b. He arrests or searches any member of the National Assembly;
c. The Assembly, at the time of arrest or search, is in regular or special session;
d. The member arrested or searched has not committed a crime punishable under the Code by a penalty higher than prision mayor
“To prevent any member x x x from attending,” etc.
Is it necessary that a member was actually prevented from attending, expressing, or casting?
It is not necessary that a member of the Assembly is actually prevented from attending the meeting of “the National Assembly,” or from expressing his opinion or casting his vote.
It is sufficient that the offender, in using force, intimidation, threats, or frauds, has the purpose to prevent a member of the National Assembly from exercising any of his such prerogatives.
What is parliamentary immunity
Guarantees the legislator complete freedom of expression without fear of being made responsible in criminal or civil actions before the courts or any other forum outside of the Congressional Hall.
does parliamentary immunity protect members of the National Assembly from responsibility before the legislative body itself?
It does not protect him from responsibility before the legislative body itself when his words/conduct are considered by the latter disorderly or unbecoming of a member thereof.
For unparliamentary conduct, members of Parliament or of Congress have been, or could be censured(criticized), committed to prison, suspended, even expelled by the votes of their colleagues. (Osmena Jr. v. Pendatun)
Constitutional Basis
Art. 6 Sec. 11
“A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session. No member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.” (Sec. 11, Art. VI)
Under the 1987 Constitution, therefore, a public officer who arrests a member of Congress who has committed a crime punishable by prision mayor (6 yrs. and 1 day to 12 years) is not liable under Art. 145.
Note: To be consistent with the 1987 Constitution, the phrase “by a penalty higher than prision mayor” in Art. 145 should be amended to read: “by the penalty of prision mayor or higher.”
While the Congress is in session, members of Congress are exempted from arrest for all offenses punishable by a penalty less than _______
Prision mayor
Thus, a public officer who arrests a member of Congress who has committed a crime punishable by prision mayor is not liable under Art. 145, RPC.
PM is (6y 1d - 12y)
provision says “less than”
Article 146 ______________
Article 146 Illegal Assemblies
READ ME
ARTICLE 146. ILLEGAL ASSEMBLIES The penalty of prisión correccional in its minimum and medium periods and a fine not exceeding 1,000 pesos shall be imposed upon the organizers or leaders of any meeting attended by armed persons for the purpose of committing any of the crimes punishable under this Code, or of any meeting in which the audience is incited to the commission of the crime of treason, rebellion or insurrection, sedition, or assault upon a person in authority or his agents. Persons merely present at such meeting shall suffer the penalty of arresto mayor unless they are armed, in which case the penalty shall be prision correccional
If any person present at the meeting carries an unlicensed firearm, it shall be presumed that the purpose of said meeting, insofar as he is concerned, is to commit acts punishable unde r this Code, and he shall be considered a leader or organizer of the meeting within the purview of the preceding paragraph.
As used in this article, the word “meeting” shall be understood to include a gathering or group, whethe r in a fixed place or moving. (As amended by Rep. Act No. 12)
Two Kinds of Illegal Assemblies / What are Illegal Assemblies
Any meeting attended by armed persons for the purpose of committing 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 a person in authority or his agents. [trisa]
- If the gathering is cabal, it is inciting to sedition.
What are the elements/requisites of the crime in the first form?
- there is a meeting, a gathering or group of persons, whether in a fixed place or moving
- the meeting is attended by armed men;
- the purpose of the meeting is to commit any of the crimes punishable under the Code
note: While they have to be armed, it is not required that all the persons present at the meeting must be armed. Unarmed participants are still liable
What are the elements/requisites of the crime in the second form?
- 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 assault upon a person in authority or his agents.
note: If any person present at the meeting carries an unlicensed firearm, it shall be presumed that the purpose of said meeting, insofar as he is concerned, is to commit acts punishable under this Code, and he shall be considered a leader or organizer of the meeting.
What crime is committed by forty unarmed persons who gather together in a meeting for the purpose of committing theft of large cattle?
They do not commit any crime. The persons present at the meeting must be armed to constitute the first form of illegal assembly. If at all, they only conspire to commit qualified theft which is not punishable.
What is the gravamen of the offense of illegal assembly?
The gravamen (material grievance) of the offense is mere gathering for the unlawful purpose relating to a crime under the RPC.
If the offense is punishable under special law, illegal assembly is not committed.
But not all the persons present at the meeting of the 1st form of illegal assembly must be armed. Suppose seven of the forty persons are armed, the rest are not, and the purpose of the gathering is to commit robbery, must the meeting be considered an illegal assembly?
Yes, because the law does not state how many of the persons attending the meeting must be armed. It is said that a good number, say, at least, four must be armed.
Is an unarmed person merely present at the meeting of the 1st form of illegal assembly is liable? If the purpose of the armed persons attending the meeting is to commit any of the crimes punishable under the Revised Penal Code, does an unarmed person merely present incur criminal liability?
The last sentence of the 1st paragraph of Art. 146, says: “Persons merely present as such meeting shall suffer the penalty of arresto mayor, unless they are armed, in which case the penalty shall be prision correccional.” Hence, the penalty of arresto mayor is intended for persons present at the meeting who are not armed
[A]
Responsibility of persons merely present at the meeting:
[B]
If any person present at the meeting carries an unlicensed firearm:
[A]
1. If they are not armed, the penalty is arresto mayor.
2. If they carry arms, like bolos or knives, or licensed firearms, the penalty is prision correccional.
[B]
1. It is presumed that the purpose of the meeting insofar as he is concerned, is to commit acts punishable under the Code; and
2. He is considered a leader or organizer of the meeting.
What if the purpose of the meeting was to commit acts punishable under Special Penal laws?
Illegal assembly is not committed since only acts under RPC are considered.
What if any person present in the
meeting carries an unlicensed firearm?
It is presumed that the purpose of the meeting insofar as he is concerned is to commit any of the acts punishable under the RPC. He is also considered as a leader or organizer in such meeting.
Who are the persons liable for illegal assembly?
- The organizers or leaders of the meeting
- Persons merely present in the meeting (who must have common intent to commit the felony of illegal assembly)
Is it necessary that the meeting be in “fixed place”?
No. Under Article 146, the word meeting shall be understood to include a gathering or group, whether in a fixed place or moving.
“Any meeting in which the audience is incited to the commission of the crime of rebellion, sedition, etc.
Suppose the purpose of the meeting was to incite a group of persons to commit rebellion or sedition, would it be an illegal assembly if before any actual inciting could take place the Constabulary soldiers stopped the meeting and dispersed the people?
No. Note that the law uses the phrases, “the audience is incited.” That the audience is actually incited to the commission of any of the crimes of sedition, rebellion, etc. seems to be a necessary element of the second form of illegal assembly.
When there is an actual inciting, the act would not be punishable only as inciting to rebellion or inciting to sedition, because in illegal assembly “in which the audience is incited to the commission or rebellion or sedition, the persons liable are the organizers or leaders of, and persons merely present at, the meeting;
whereas, in inciting to rebellion or to sedition, the person liable is only the one who “shall incite others” (Art. 138); or “should incite others.” (Art. 142)
If in a meeting the audience is incited to the commission of rebellion or sedition, the crimes committed are (1) illegal assembly as regards: (a) the organizers or leaders, and (b) persons merely present; and (2) inciting to rebellion or sedition insofar as the one inciting them is concerned.
Article 147 ______________
Article 147 Illegal Association
2 Forms of Illegal Association/ What are illegal associations
Associations totally or partially organized for the purpose of committing any acts punishable by the Code.
Associations totally or partially organized for some purpose contrary to public morals
What is the essence/gravamen of illegal association?
The forming of an organization, corporation, or association, for the purpose of criminal activities prohibited by the Code or special laws against public morals (public interest) or any act prejudicial to public welfare.
