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Crim 2 Midterms > Title 3: Crimes Against Public Order > Flashcards

Title 3: Crimes Against Public Order Flashcards

1
Q

What crimes are included here?

A

Political Crimes: Directly aimed against the political order

Common Crimes: Limited to those committed to achieve a political purpose

Decisive factor is the intent

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2
Q

Elements of Rebellion

Art 134: Rebellion or Insurrection

A
  1. That there be
    - Public uprising AND
    - taking up of arms against the Government
  2. The Purpose is to either

Remove allegiance to said Government or its law:
- The territory of the PH or any part therof; OR
- Any body of land, naval, or other armed forces;

OR

Deprive the Chief Executive or Congress, wholly or partially, any of their powers or prerogatives
- Judiciary is not included. If judiciary, offense will only be sedition.

it is not necessary that the rebels succeed

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3
Q

What if there is no public uprising, only taking up of arms in Rebellion?

Art 134: Rebellion or Insurrection

A

The crime is direct assault which is committed in two ways:

1. Any person who, without a public uprising, employ force or intimidation for the attainment of any of the purposes of rebellion and sedition.

  1. Any person who, without public uprising, shall attack, pr employ force or intimidation any person in authority or any of his agents while engaged in the perforamance of official duty or on occasion of such performance.
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4
Q

Is actual clash of arms needed when convict is in conspiracy with others of taking up of arms?

Art 134: Rebellion or Insurrection

A

No, as long as in conspiracy with others.

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5
Q

Rebellion vs. Insurrection

Art 134: Rebellion or Insurrection

A

Rebellion: Purpose is to completely **OVERTHROW ** the existing government

Insurrection: seeks to effect some change of MINOR IMPORTANCE or to prevent the exercise of governmental authority with respect to particular matters

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6
Q

Can rebellion be complexed with common crimes?

Art 134: Rebellion or Insurrection

A

Class Discussion: Before, No. However, under the amendments, common crimes can now be complexed with rebellion because the crimes are no longer included in the definition of rebellion.

If with political purpose (Political Offense Doctrine): Common crimes, including SPLs, which are intended in furtherance of rebellion, are absorbed. It is necessary that there is evidence to show that these common crimes have promoted the ideals of rebels.

If for private purposes without any political motivation: common crime is separately punished and would not be absorbed in the crime of rebellion
- if act was committed without any political motivation even though offender is a member of rebellious group, the crime is still a common crime

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7
Q

Rebellion vs. Treason

Art 134: Rebellion or Insurrection

A

Rebellion: Public Uprising and Taking up of arms is against the government with the purpose of removing allegiance to the government or depriving the chief executive or congress of any of their powers
- mere giving of aid is not criminal in rebellion. There must be an actual participation. Mere silence is also now punishable.
- in time of peace
- Can be committed in the PH only by anyone
- Proved by showing the purpose of the uprising

Treason: Levying of war, or adhering to the enemy, giving them aid or comfort is done to aid the enemy with the purose of delivering the government to the enemy.
- in time of war
- can be committed in the PH or elsewhere by a Filipino citizen
- can be committed only in the PH by a foreigner
- proved by testimony of two witnesses, at least to the same overt act; or confession of accused in open court

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8
Q

Rebellion vs. Terrorism

Art 134: Rebellion or Insurrection

A

A person who commits an act punishable as rebellion or insurrection, thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand, shall be guilty of terrorism.

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9
Q

Elements of Coup D’etat

Art 135: Coup D’etat

A
  1. Offender or offenders belongs to the military or police or holding any public office or employment.
    - Can be committed with or without civilian support
    - can be committed singly or collectively
  2. There be a swift attack accompanied by VITSS: violence, intimidation, threat, strategy, and stealth
  3. The purpose of the attack is to seize or diminish state power
  4. The attack is directed against duly constituted authorities of the PH or any military camp or installation, communication networks, public utilities or other facilities needed for the exercise and continued possession of power
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10
Q

Coup D’etat vs. Rebellion

Art 135: Coup D’etat

A

Coup D’etat
- swift attack against militaru installation and facilitiesessential to continued exercise of governmental powers
- merely to paralyze the existing government
- may be carried out singly or simultaeneously
- Members of miliatry, national police or public officer

Rebellion:
- public uprising and taking up of arms against the government
- To overthrow the government
- Required a multitude of people
- Offenders need not be uniformed personnel of military or the police (can be anyone)

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11
Q

Coup D’etat vs. Terrorism

Art 135: Coup D’etat

A

A person who commits an act punishable as coup d’etat, thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand, shall be guilty of terrorism.

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12
Q

Persons Liable for Rebellion, Insurrection and/or Coup D’etat

Art 135: Penalty for Rebellion or Insurrection and/or Coup D’etat

A
  1. Leader
    - Rebellion/Insurrection: Any person who PROMOTES, MAINTAINS OR HEADS
    - Coup D’etat: any person who LCD: LEADS, DIRECTS, OR COMMANDS OTHERS
  2. Participants
    - Rebellion or Insurrection: Any person who participates or executes the commands of others
    - Coup D’etat: Any person **in the government service ** who participates, or executes directions or commands of others
    - Coup D’etat: Any person NOT IN the government service who participates, supports, finances, abets or aids
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13
Q

What if leader is unknown, who is the leader?

Art 135: Penalty for Rebellion or Insurrection and/or Coup D’etat

A

Any person who
- directed the others
- spoke for them
- signed receipts and other documents issued in their name
- performed similar acts on behalf of the rebels

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14
Q

Crimes Punished under Art 136

Art 136: Conspiracy and Proposal to Commit Coup D’etat, Rebel, or Insure

A
  1. Conspiracy to commit rebellion or insurrection
  2. Proposal to commit Rebellion or Insurrection
  3. Conspiracy to commit coup d’etat
  4. Proposal to commit Coup D’etat
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15
Q

Conspiracy to Commit Coup D’etat

Art 136: Conspiracy and Proposal to Commit Coup D’etat, Rebel, or Insure

A

When two or more persons belonging to the military come to an agreement to commit Coup D’etat and decide to commit it

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16
Q

Proposal to commit Coup D’etat

Art 136: Conspiracy and Proposal to Commit Coup D’etat, Rebel, or Insure

A

When the person belonging to the military or police or holding any public office has decided to commit Coup D’etat and proposes its execution to some other person or persons.

Note: It should not be actually committed by the persons whom it is proposed. If committed by others, offender becomes principal by inducement.

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17
Q

Conspiracy to Commit Rebellion/Insurrection

Art 136: Conspiracy and Proposal to Commit Coup D’etat, Rebel, or Insure

A

When two or more persons come to an agreement to commit Rebellion/Insurrection and decide to commit it

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18
Q

Proposal to Commit Rebellion

Art 136: Conspiracy and Proposal to Commit Coup D’etat, Rebel, or Insure

A

When the person has decided to commit Coup D’etat and proposes its execution to some other person or persons.

Note: It should not be actually committed by the persons whom it is proposed. If committed by others, offender becomes principal by inducement.

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19
Q

Punishable Acts of Disloyalty

Article 137: Disloyalty of Public Officers or Employees

D-FUK? –> DFOA

A

FOA

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

Notes
- Presupposes existence of rebellion but offender must NOT be in conspiracy with the rebels; otherwise, he is guilty of rebellion

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20
Q

Elements of Inciting to Rebellion or Insurrection

Art 138: Inciting to Rebellion or Insurrection

Inciting = Exciting = Boring Pala = DIM & SPEWB

A

DIM

  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 rebellion
    - If no intent to incite, disturbance of public order
  3. Done by Means of SPEWBSpeeches, Proclomations, Emblems, Writings, Banners, or other repesentations tending to the same end.

Note: It should not be actually committed by the persons whom it is proposed or incited. If committed by others, offender becomes principal by inducement.

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21
Q

Inciting to Rebellion vs. Proposal to Commit Rebellion

Art 138: Inciting to Rebellion or Insurrection

A

Inciting
- it is not requred that the offender has decided to commit rebellion
- act of inciting is done publicly

Proposal
- person has decided to commit rebellion
- uses secret means

For Both
- crime of rebellion should not be actually committed by the persons whom it is proposed or incited
- if committed by the others, inciter or proposer becomes a principal by inducement

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22
Q

Elements of Sedition

Art. 139: Sedition

Sedition = Seduce = Reputation = REP
REP
PEIC-D

A
  1. Offenders Rise publicly and tumultously
    - 4 persons or more persons who are armed or capable of violence
  2. Employ force, intimidation, or other means outside of legal methods; and
    - This does not contemplate rising up in arms against the government, unlike Rebellion where it states “taking up of arms against the government.” The ultimate object of sedition is violation of public peace.
  3. The offenders employ any of these means to attain any of the following Purposes:

a&b. Prevent (PPEE)
- promulgation of law
- holding of popular election
- government from exercising its functions
- execution of administrative order

c. Inflict any act of hate upon person or property of any public officer
d. Commit for any political or social end any act of hate or revenge against private persons or any social class
e. Despoil for any political or social end, any person, municipality, or province, or the Natl Govt of all its property or any part thereof

Immaterial if objective be completely attained

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23
Q

Sedition vs. Rebellion

Art. 139: Sedition

A

Sedition
- Sufficient that public uprising is tumultous
- May be political or social, that is merely to go against the established government, not to overthrow it
- Crimes associated with sedition can be prosectued

Rebellion
- taking up of arms is against the government
- always political, that is , to overthrow the government
- Offenses committed pursuant to rebellion are absorbed

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24
Q

Sedition vs. Treason

Art. 139: Sedition

A

**Treason **
- crime against national security and law of the nations
- war crime
- levying war or adhering to the enemy, giving them aid or comfort
- Purpose is to aid the enemy

Sedition
- Crime against Public Order
- internal conflict
- Committed by causing public and tumultous disturbances in one’s country.
- Prevent (PPEE)
- promulgation of law
- holding of popular election
- government from exercising its functions
- execution of administrative order

c. Inflict any act of hate upon person or property of any public officer
d. Commit for any political or social end any act of hate or revenge against private persons or any social class
e. Despoil for any political or social end, any person, municipality, or province, or the Natl Govt of all its property or any part thereof

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25
Q

Sedition vs. Crime of Tumults and Other Disturbances of Public Order

Art. 139: Sedition

A

Sedition
- disturbance of public order resulting from tumultous uprising
- it has its purposes

Tumults
- There is no public uprising

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26
Q

What if there is no public uprising, only taking up of arms in Sedition?

Art. 139: Sedition

A

The crime is direct assault which is committed in two ways:

1. Any person who, without a public uprising, employ force or intimidation for the attainment of any of the purposes of rebellion and sedition.

  1. Any person who, without public uprising, shall attack, or employ force or intimidation any person in authority or any of his agents while engaged in the perforamance of official duty or on occasion of such performance.
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27
Q

Compared to Rebellion, can common crimed be absorbed with Sedition?

Art. 139: Sedition

A

General Rule: No, this is the opposite of Rebellion. Common Crimes in Sedition are not absorbed. They are tried separately.

Exception: Unlaful manufacture, sale, acquisition, disposition, or possession of firearms.

28
Q

Persons Liable for Penalty of Sedition

Art 140: Penalty of Sedition

A
  1. Leader
  2. Other persons participating in the sedition
29
Q

Conspiracy to Commit Sedition

Art 141. Conspiracy to Commit Sedition

A

When two or more persons come to an agreement to commit Sedition and decide to commit it

THERE IS NO PROPOSAL TO COMMIT SEDITION

Crim 1:
Conspiracy: TRIC-SM
- Treason, Rebellion, Insurrection, Coup D’etat, Sedition, Monopolies
Proposal: TRIC

30
Q

Punishable Acts of Inciting to Sedition

Article 142: Inciting to Sedition

IS = ISLE

A

ISLE

  1. Inciting others to commit sedition by means of SPEWB speeches, proclamations, writings, emblems, banners, or other representations tending to the same end
  2. Uttering Seditious (inciting) words or speeches which tend to disturb the public peace
  3. Writing, publishing, or circulating (WPC) scurrilous (vulgar, foul) Libels against the Government or any of its duly constituted authorities which tend to disturb public peace;
  4. Knowingly conceal such Evil practices
31
Q

Elements of Inciting to Sedition

Article 142: Inciting to Sedition

A
  1. Offender does Not take direct part in the crime of sedition
  2. He Incites other to the accomplishment of any of the acts which constitute sedition; and
  3. The inciting is done by Means of SPEWB speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end
32
Q

Acts No. 2&3 are punishable when

Article 142: Inciting to Sedition

2 & 3 = 2nd Opinion = Doctor = DOC-RS

A
  1. They tend to Disturb or Obstruct any lawful officer in executing the functions of his office;
  2. They tend to instigate others to Cabal and meet together for unlawful purposes;
  3. They suggest or incite Rebellious conspiracies or riots
  4. They tend to Stir up the people against the lawful authorities or disturb the peace of the community and safety and order of the Government
33
Q

Rules Relative to Seditious Words

Article 142: Inciting to Sedition

A
  1. Clear and Present Danger Rule
  2. Dangerous Tendency Rule

The** clear and present danger rule** requires an immediate and imminent threat to justify limiting speech, while the dangerous tendency rule allows for restrictions based on the potential or tendency of speech to cause harm in the future, even if the harm is not immediate.

34
Q

Acts Tending to Prevent the Meeting of the Assembly and Similar Bodies

Art. 143: Acts Tending to Prevent the Meeting of Natl Assemblies, ConCom

Assembly = Padilla = Smoking = Puff =PAFF

A
  1. There be a Projected or Actual meeting of the 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; and
  2. The offender, who may be any person, prevents such meeting by Force or Fraud
    - Force: Produces an injury of the person
    - Fraud: Falsification
    - Hence, physical injuries and flasification are complexed thru coomplex crime proper (necessary means)
35
Q

Elements of Disturbance of Proceedings

Art 144: Disturbance of Proceedings

Disturbance = Disturbance in the Force = Cody = CODI^2

A
  1. There be a meeting of Congress or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or any provincial board or city or municipal
    council or board    ; and
    - Must be that of a legislative body or of provincial or city or municipal council pr board.
  2. Offender does any of the following acts:
    - Disturbs any of such meetings; or
    - 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.

Notes:
- Offender may also be punished for contempt by the legislative body due to implied power to punish for contempt of Congress which is coercive in nature

36
Q

Punishable Acts under Violation of Parliamentary Immunity

Art 145: Violation of Parliamentary Immunity

A
  1. Any person uses F^2TIforce, intimidation, threats, or frauds to prevent any member of Congress from: (ACE)
    - Attending the meetings of Congress or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof
    - Casting his vote
    - Expressing his opinion
  2. A public officer or employee Arrests or Searches any member while Congress is in session, except in cases where such member has committed a crime punishable under the Code by a penalty higher than prision mayor (6 years and 1 day to 12 years)

Notes:
- The Consti shall prevail over Art 145. Consti says 6 years, not prision mayor (6 years and 1 day to 12 years)
- should be “by the penalty of prision mayor or higher”

37
Q

Forms of Illegal Assemblies

Art. 146: Illegal Assemblies

A
  1. Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the RPC;
  2. 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 direct assault.
  • If the person present carries an unlicensed firearm, the presumption is that the purpose of the meeting is to commit acts punishable under the RPC and that he is the leader
  • Person present must have intent. If merely curious, not liable.
38
Q

Elements of any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the RPC;

Art. 146: Illegal Assemblies

RPC = Big = Marc = MAR

A

MAP

  1. There is a Meeting, gathering or group of persons, whether in a fixed place or moving;
  2. The meeting is attended by Armed persons; and
    - Not all of the persons present must be armed; at least two armed men
    - unarmed person is still liable
  3. The purpose of the meeting is to commit any of the crimes punishable under the RPC
    - If the illegal purpose for the gathering is a crime punished by SPL, then Illegal Association (Art. 147)
39
Q

Elements of 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 direct assault.

Art. 146: Illegal Assemblies

Not armed = MAN

A
  1. There is a Meeting, a gathering or group of persons, whether in a fixed place or moving; and
  2. The audience, whether Armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault.
    - Necessary that the audience is actually incited. If in the meeting the audience is incited to the commission of rebellion or sedition, the crimes committed are illegal assembly for the organizers or leaders or persons merely present and inciting to rebellion or sedition for the one inciting them is concerned
40
Q

Kinds of Illegal Association

Article 147: Illegal Associaions

A

Associations totally or partially organized for:
1. The purpose of committing any of the crimes punishable under the RPC; or
2. Some purpose contrary to public morals

41
Q

Illegal Assembly vs. Illegal Association

Article 147: Illegal Associaions

A

Illegal Assembly
- gathering for an illegal purpose which constitutes a crime under the RPC
- it is necessary that there is an actual meeting
- It is the meeting and attendance that are punished

Illegal Association
- The formation of an association to engage in an unlawful purpose which is not limited to a violation of the RPC
- not necessary for there to be an actual meeting
- It is the act of forming and membership in the association that are punished

42
Q

Ways of Committing Direct Assaults

Article 148: Direct Assaults

A
  1. Any person who, without a public uprising, employ force or intimidation for the attainment of any of the purposes of rebellion and sedition.
  2. Any person who, without public uprising, shall attack, or employ force or intimidation any person in authority or any of his agents while engaged in the perforamance of official duty or on occasion of such performance.
43
Q

Elements of 2nd Way of Committing Direct Assaults

Article 148: Direct Assaults

Direct Assault = Game = Patrick is fat = O-PAT-KU

A
  1. Offender (AFIR)
    - Makes an Attack; except when attack is made in lawful defense
    - Employs Force
    - Makes a serious Intimidation; effects must be immediate
    - Makes a serious Resistance; if not serious, may be Resistance and disobedience (Art. 151)

2.Person Assaulted is a person in authority or his agent

Note:
- Agent of Person in Authority: Must be Serious
- Person in Authority: Immaterial. Mere laying of hands on him is sufficient
- If the official issued the fight, then he disrobs himself of authority

3.That at the Time of the assault, the person in authority or his agent
- is engaged in the actual performance of official duties
- that he is assaulted on occassion of such performace

Note:
- “on occassion of such performance”: assault was made beacause of past performance of official duties even if at the very time of the assault no official duty was being discharged.
- If not because of past performance, physical injuries
- If the person assaulted was no longer a public officer at the time of the attack, offender is no longer liable for direct assault even if the reason for the attack was due to past performance of duties

4.The offender knows that the one he is assaulting is a person in authority or his agent

5.There is no public Uprising

44
Q

Qualified Direct Assault

Article 148: Direct Assaults

A
  1. Assault is committed with a weapon
  2. Offender is a public officer or employee
    - If both are persons in authortiy then there is no direct assault
  3. Offender lays hands upon a person in authority
    - what does this mean
45
Q

Is there Complex Crime of Direct Assault

Article 148: Direct Assaults

A

YES

When the assault results in the killing of an agent or of a person in authority, Complex crime of direct assault with murder

When direct assault is committed and the PA and APA suffers serious or less serious physical injuries, complex crime or direct assault with serious or less serious physical injuries

46
Q

Elements of Indirect Assault

Art. 149: Indirect Assault

In = Inn = Baho = Vau

A
  1. Agent of a person in authority is the Victim of any forms of direct assault
  2. A person comes to the Aid of the APA
  3. Offender makes Use of force or intimidation upon such person coming to the aid of the APA

Notes:
- Indirect Assault can be committed only when Direct Assault is committed
- If the victim is a PA, the person coming to aid becomes an APA, and thus the crime against the latter is direct Assault
- If victim is an APA, it depends:
- If direct assault to APA, then attack on 3rd person is indirect assault
- if only resistance or disobedience is committed against APA, then attack on 3rd person is either physical injuries or coercion

47
Q

Acts Punished under Disobedience to Summons Issued by the Natl Assembly or Constitutional Commission

Art. 150: Disobedience to Summons Issued by the Natl Assembly or Con Com

Natl Assembly = Sawa = Su-SAWI

A

1.Refusing, without legal excuse, to obey summons of Congress, or any commission or committee chairman or member authorized to summon witnesses
2.Refusing to be sworn or placed under affirmation while 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
5. Inducing disobedience to summons or refusal to be sworn by any such body or official

48
Q

Example of Refusal with Legal Excuse

A
  1. When the testimony is self-incriminating
  2. When the person summoned is compelled to be a witness against himself
    - Papers may be used in evidence against the owner of the papers
49
Q

Elements of Resistance and Serious Disobedience

Art. 151: Resistance & Disobedience to a PA or APA

Sobra naman toh = ERA

A

1.PA or APA is Engaged in the performance of official duty or gives a lawful order directed to the offender
- Accused must have knowledge that the person arresting him is a police officer
- must be direct to the offender; hence, disobeying a writ of exection is not considered since that is directed to the sheriff

2.The offender Resists or Seriously disobeys such PA or APA
- No seriously resists as that would fall under Direct Assault
- force is not necessary

3.The Act of the offender is not included in Art. 148, 149, 150

50
Q

Elements of Simple Disobedience

Art. 151: Resistance & Disobedience to a PA or APA

Not ERA = ED-Not

A
  1. APA is engaged in the performance of official duty or gives a lawful order to the offender
  2. Offender Disobeys APA
  3. Disobedience is not of a serious nature
51
Q

Resistance or Serious Disobedience vs. Direct Assault

Art. 151: Resistance & Disobedience to a PA or APA

A

Resistance
- PA or APA must be in the actual performance of his duties
- Committed only by resisting or seriously disobeying an APA or PA
- Use of force is not so serious as there is no manifest intention to defy the law and the officers

Direct Assault
- PA APA must be engaged in the performance of official duties or that he is assaulted by reason thereof
- Committed by attack, force, serious intimidation, serious resistance
- The attack or force must be serious and and deliberate

Basically, The distinction between an assault and a resistance to agents of authority lies largely in the amount of the force employed in each case, and that a sudden blow given to a
policeman while engaged in effecting an arrest does not constitute that employment of force which is punishable as assault.

52
Q

Who are persons in authority and agents of persons in authority?

Art. 152: Persons in Authority and APA

A

1.Public Officer
- any person who takes part in the performance of public functions in the government

2.Peron in Authority
- any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board, or commission
- “directly vested with jurisdiction” = the power and authority to govern and execute the laws

3.Agent of Person in Authority
- any person, by direct provision of law, by election, or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property.

53
Q

Other Examples of a PA

Art. 152: Persons in Authority and APA

A

1) Municipal Mayor
2) Municipal Councilor
3) Division Superintendent of Schools
4) Director of Posts
5) Teacher-Nurse
6) Members of People’s Law Enforcement Board
7) Teachers, lawyers, and heads of schools recognized by the government are PA solely for purposes of. Article 148 and 151 and in connection with their duties. Outside of this, they are not considered PA
- THIS DOES NOT COVER INDIRECT ASSAULT
8) The Punong Barangay, Sangguniang Barangay members, and members of the Lupong Tagapamayapa in each barangay are deemed as persons in authority in their jurisdictions
9) Lawyers in the actual performance of their
professional duties or on the occasion of such
performance shall be deemed persons in authority
10) Postmaster
11) A person who** comes to the Aid of a person in authority **on the occasion of a direct assault committed against the latter
12) President of Sanitary Division
13) Sheriff
14) Municipal Treasurer
15) Any person who comes to the aid of a person in authority may be considered as an agent of a person in authority
16) A barrio councilman, barrio policeman and barangay leader shall be deemed an APA

54
Q

Punishable Acts of Tumults and Other Disturbances of Public Order

Art. 153: Tumults and Other Disturbances of Public Order

Tumults = St Pio = SPIO-EmBU

A

PIO-EmBU

  1. Causing any serious disturbance in a Public place, office, or establishment
    - If disturbance is slight, alarms and scandal (Art. 155)
  2. Interrupting public performance or peaceful meetings, if the act is not included in Arts 131-132
    - Art 131: Prohibition, Interruption, and Dissolution of Peaceful Meetings can only be done by a public official
    - Art 132: Interruption of Religious Worship can only be done by a public official
    - Thus, Offender is a public officer who is a participant or a private person who can be a participant or not
    - Qualified if tumultuous (4 or more person armed or with means of violence)
  3. Making an outcry tending to incite rebellion or sedition in any meeting
    - The outcry must be spontaneous;
    - If not spontaeneous, inciting to rebellion or sedition.
  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
55
Q

Punishable Acts under Unlawful Means of Publication and Unlawful Utterances

Art 154: Unlawful Means of Publication and Unlawful Utterances

Pub = girl = Female = FEM Bear

A

1.Publishing as news any false news which may endanger the public order
- Offender Must know that the news is false

  1. Encouraging disobedience to the law or by praising any act punished by law, by the same means or by words, utterances, or speeches
    - The act of the offender of encouraging
    disobedience     to the law or the authorities
    punishable under this paragraph is different from inciting to sedition which requires that the people rise publicly
  2. Maliciously publishing any official resolution without authority
  3. Printing books which do not bear the real printer’s name, or which are classified as anonymous
56
Q

Punishable Acts under Alarms and Scandals

Art. 155: Alarms and Scandals

Alarms = DC Wins = DCWI

A
  1. Discharging any rocket, firecracker, or other explosives within any public place, which produces alarm or danger
    - firearms has been repealed by RA 11926; hence discharge of firearm can no longer be punished under alarms and scandals
    - may take place within one’s home
  2. Instigating any charivari offensive to another or prejudicial to public tranquility
    “charivari:” medley of discordant voices
  3. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements
  4. Causing any disturbance in public places while intoxicated or otherwise, provided Art. 153 is not applicable

Note: If the disturbance is of serious nature, the case will fall under Tumults and Other Disturbances of Public Order (Art 153)

57
Q

Elements of Delivering Prisoners from Jail

Art 156: Delivering Prisoners from Jail

Jail = AirCon = ACRH

A
  1. Any person, ordinarily an outsider
    - Must not be person who has custody. If the offender has custody, infidelity in the custody of a prisoner (Art 223)
  2. There is a person confined in jail or a penal establishment
    - can be hospital or asylum
    - may also be a mere detention prisoner
    - Prisoner who escaped is liable for evasion of service of sentence
    - If crime committed by the prisoner is Treasom, Murder, or Parricide, or attempt to take the life of the chief executive, offender is liable as accessory under Art. 19
  3. Offender removes such person with or without the active participation of the person released or helps the escape of such person by furnishing material means to facilitate escape
58
Q

Qualifying Circumstances of Delivering Prisoners from Jail

Art 156: Delivering Prisoners from Jail

A

If delivering prisoners from jail is committed by means of violence, intimidation, or bribery, the penalty is higher
- Bribery is as a means of removing the prisoner from jail and not the offender’s act of receiving a bribe for committing the offense

59
Q

Mitigating Circumstance for Delivering Prisoners from Jail

Art 156: Delivering Prisoners from Jail

A

If the escape of the prisoner takes place outside jail or penal establishment by taking the guards by surprise

60
Q

Elements of Evasion of Service of Sentence

Art. 157: Evasion of Service of Sentence

Evasion = ConMan = Con-SDE

A
  1. Convict by Final Judgment
    - If detention prisoner or convict without final judgment, no liability
    - If detention prisoner or convict without final judgment was in conspiracy for his removal from jail, Delivering Prisoners from Jail (Art. 156)
    - Minors or deportees are not liable as well
  2. Serving sentence which consists of deprivation of liberty
    - includes destierro; except when evasion during a catostrophe or violation of conditional pardon
  3. Evades the service of his sentence by escaping during the term of his sentence
    - must already be in jail
61
Q

Qualifying Circumstances of Evasion of Service of Sentence

Art. 157: Evasion of Service of Sentence

Evasion = tax evasion = Ubisoft = UBUC

A

If such evasion takes place:
1. By means of unlawful entry;
2. By breaking doors, windows, gates, walls, roofs, or floors;
3. By using picklocks, false keys, disguise, deceit, violence, or intimidation; or
4. Through connivance with other convicts or employees of the penal institution

62
Q

Elements of EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS, CONFLAGRATIONS, EARTHQUAKES, OR OTHER CALAMITIES

Art. 158: EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS

DIsorder = COD = COD-LEAF48

A
  1. Convict by final judgment, when confined in a penal institution
  2. There is disorder from mutiny (offender has no participation), earthquakes, explosion, conflagration, or similar catastrophe
  3. Offender leaves the penal institution where he is confined
  4. Offender fails to give himself up to the authorities within 48 hours after the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity
63
Q

Rules under Evasion of Service of Sentence due to calamities

Art. 158: EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS

A
  1. Fails to give himself up
    - Increase of ⅕ of time still remaining to be
    served under original sentence (shall not exceed 6 months)
  2. Gives himself up
    - Deduction of 1/5 of his original sentence
  3. Chose to stay in place of confinement despite calamity
    - Dediction of 2/5 of the period of his sentence
64
Q

Evasion by Violation of Conditional Pardon

Art 159: Violation of Conditional Pardon

Condition Pardon = Con-GV

A
  1. Offender was a Convict
  2. Granted conditional pardon by the Chief Executive
  3. He Violated any of the conditions of such pardon
    - Can be arrested without trial in accordance with Revised Admin Code
    - Must be prosecuted and convicted again by final judgment if in accordance with Article 159
65
Q

2 Penalties Considered

Art 159: Violation of Conditional Pardon

A
  1. If the penalty remitted (remaining term) <= 6 years, then PC in its MIN Period
  2. If the penalty remitted (remaining term) >6 Years, then unexpired portion of the original sentence
66
Q

Elements of Quasi-Recidivism

Art 160: Quasi-Recidivism

FiNe

A
  1. Offender was already convicted by final judgment of 1 offense, may be in or not in the RPC
  2. Committed a new felony, under the RPC, before beginning to serve sentence or while serving sentence

Note:
- Considered as a Special Aggravating Circumstance, which cannot be offset by an ordinary mitigating circumstance
- For Recidivism, both crimes must be under the same title
- For Reiteraction, sentence has already been served. The offender was previosly punished a greater penalty or two or more crimes with a lighter penalty.

Crim 2 Midterms (7 decks)

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