Crim 2 Flashcards

Question

ARTICLE 131 - PROHIBITION, INTERRUPTION AND DISSOLUTION OF PEACEFUL MEETINGS

Answer 1

Elements: (1) Offender is a public officer or employee (2) He performs any of the following acts: (a) Prohibiting or interrupting, without legal ground, the holding of a peaceful meeting, or by dissolving the same (b) Hindering any person from joining any lawful association, or from attending any of its meetings (c) Prohibiting or hindering any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances

Answer 2

Elements: (1) There is a public uprising and taking arms against the government; (2) The purpose of the uprising or movement is: (a) To remove from the allegiance to the government or its laws the 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

Answer 3

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.

Answer 4

(1) The leaders: (a) Any person who promotes, maintains or heads a rebellion or insurrection; or (b) Any person who leads, directs or commands others to undertake a coup d'etat; (2) The participants: (a) Any person who participates or executes the commands of others in rebellion or insurrection; (b) Any person in the government service who participates or executes directions or commands of others in undertaking a coup d’etat; (c) Any person not in the government service who participates, supports, finances, abets or aids in undertaking a coup d'etat. (d) If under the command of unknown leaders, any person who directed the others, spoke for them, signed receipts and other documents issued in their name on behalf of the rebels shall be deemed a leader

Answer 5

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

Answer 6

BOTH: The offender induces another to commit rebellion. Rebellion should not be actually committed by the persons to whom it is proposed or who are incited. Otherwise, they become principals by inducement in the crime of rebellion. PCR: The person who proposes has decided to commit rebellion. ITR: There is no need that the offender has decided to commit rebellion PCR: The person who proposes the execution of the crime uses secret means. ITR: The act of inciting is done publicly

Answer 7

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 uponthe 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.

Answer 8

S&R: There must be a public uprising. S: It is sufficient that the public uprising is tumultuous. R: There must be taking up of arms against the government. S:The purpose of the offenders may be political or social R: The purpose of the offenders is always political.

Answer 9

S: There is no distinction as to who may commit; a private individual may commit the offense C:Offender belongs to the military or police or holding any public office or employment S: Primary purpose is to disturb public peace C: To seize or to diminish state power

Answer 10

S: It is the raising of commotions or disturbances in the State. T: It is the violation by a subject of his allegiance to his sovereign.

Answer 11

Elements: (1) Two or more persons come to an agreement and a decision to rise publicly and tumultuously to attain any of the objects of sedition; (2) They decide to commit it. NOTE: There is no proposal to commit sedition.

Answer 12

Mode 1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems, etc. 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 by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending towards the same end. Mode 2. Uttering seditious words or speeches which tend to disturb the public peace; Mode 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 part in the crime of sedition. (2) He uttered words or speeches and writing, publishing or circulating scurrilous libels and that (a) Tend to disturb or obstruct any lawful officer in conducting the functions of his office; (b) Tend to instigate others to cabal and meet together for unlawful purposes; (c) Suggest or incite rebellious conspiracies or riots; OR (d) Lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safety and order of the government.

Answer 13

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; (2) Offender, who may be any person, prevents such meetings by force or fraud.

Answer 14

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.

Answer 15

Mode 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 a 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. Mode 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 assault upon person in authority or his agents. Elements: (1) There is a meeting, a gathering or group of persons, whether in a fixed place or moving; (2) The audience, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault.

Answer 16

(1) The purpose of the meeting insofar as he is concerned is to commit acts punishable under the RPC (2) He is considered a leader or organizer of the meeting.

Answer 17

Mode 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: (1) Offender employs force or intimidation; (2) 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; (3) There is no public uprising. Mode 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 occasion of such performance. Elements: (1) Offender makes an attack, employs force, makes a serious intimidation, or makes a serious resistance; (2) The person assaulted is a person in authority or his agent; (3) 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; (4) Offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties. (5) There is no public uprising.

Answer 18

Assault is qualified when: (1) There is a weapon employed in the attack (2) The offender is a public officer (3) The offender lays hands on a public authority

Answer 19

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.

Answer 20

Mode 1: Resistance and serious disobedience Elements: (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. Mode 2: Simple disobedience

Answer 21

Elements: (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

Answer 22

SD: Person in authority or his agent must be in actual performance of his duties DA: The person in authority or his agent must be engaged in the performance of official duties or that he is assaulted SD: Committed only by resisting or seriously disobeying a person in authority or his agent DA: Committed in four ways (see Art. 148, Mode 2 above)

Answer 23

Mode 1: Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause (which produces) alarm or danger; Mode 2: Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility; Mode 3: Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements; Mode 4: Causing any disturbances or scandal in public places while intoxicated or otherwise, provided Art. 153 is not applicable.

Answer 24

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.

Answer 25

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

Answer 26

Elements: (1) Offender was already convicted by final judgment of one offense; (2) He committed a new felony before beginning to serve such sentence or while serving the same

Answer 27

Elements: (1) Offender performs an act or acts; (2) Such act or acts be highly scandalous as offending against decency or good customs; (3) The highly scandalous conduct is not expressly falling within any other article of this Code; and (4) The act or acts complained of be committed in a public place or within the public knowledge or view. (Reyes).

Answer 28

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.

Crim 2 Flashcards

(52 cards)