TITLE TWO:

CRIMES AGAINST THE FUNDAMENTAL

LAWS OF THE STATE
1. Arbitrary detention (124)
2. Delay in the delivery of detained
persons to the proper judicial authorities
(125)
3. Delaying release (126)
4. Expulsion (127)
5. Violation of domicile (128)
6. Search warrants maliciously obtained
and abuse in the service of those legally
obtained (129)
7. Searching domicile without witness
(130)
8. Prohibition, interruption, and dissolution
of peaceful meetings (131)
9. Interruption of religious worship (132)
10. Offending of religious feelings (133)
124. ARBITRARY DETENTION
Elements:
1. Offender public officer or
employee
2. Offender detains a person
3. Detention without legal grounds
** Public officers liable must be vested with
authority to detain or order the detention of
persons accused of a crime; i.e. policemen,
judges, mayor.
** There is detention when he is placed in a
confinement or there is a restraint on his person
even if hr could move freely, as long as he
could not escape for fear of being apprehended
again.
Legal grounds for the detention of a person:
1. Commission of a crime
2. Violent insanity or other ailment
requiring compulsory confinement of
the patient in a hospital.
** Arrest without warrant us the usual cause of
arbitrary detention.
Warrantless arrest:
1. When in the presence of a peace officer
or a private person, the person to be
arrested has committed, is actually
committing, or is attempting to commit
an offense;
2. When an offense has in fact just been
committed, and he has probable cause
to believe based on personal knowledge

of facts and circumstances that the

person to be arrested has committed it;
3. When the person to be arrested is a
prisoner who has escaped from a penal
establishment or place where he is
serving final judgment or temporarily
confined while his case is pending, or
has escaped while being transferred
from one confinement to another.
** It can be committed thru imprudence.

125. DELAY IN THE DELIVERY OF DETAINED

PERSONS TO THE PROPER JUDICIAL
AUTHORITIES
Elements:
1. Offender public officer or employee
2. Offender detained a person for some
legal grounds
3. Offender fails to deliver person to
proper judicial authorities within:
12 hours offenses of light penalty
18 hours offenses of correctional
penalty
36 hours offenses of afflictive or
capital penalty
** Applies only to legal warrantless arrest if the
arrest was made with warrant, the person
arrested can be detained indefinitely until his
case is decided by the court or he posts a bail
for temporary release.
** Reason for provision it is intended to
prevent any abuse resulting from confining a
person without informing him of his offense and
without permitting him to go on bail.
126. DELAYING RELEASE
Elements:
1. Offender public officer or employee
2. There is a
(a) judicial/executive order for
prisoners release
(b) proceeding upon a petition for
prisoners liberation
3. Offender, without good reason, delays
(a) service of the notice of such
order to the prisoner
(b) performance of such J/E order
for release
(c) proceedings upon a petition of a
petitioners liberation (writ of
habeas corpus)

** Wardens and jailers are the public officers

most likely to violate article 126.

127. EXPULSION
Elements:
1. Offender public officer or
employee
2. Offender expels any person from
the Philippines or compels a person
to change residence
3. Offender not authorized by law to
do so.
** Only the court by a final judgment can order a
person to change his residence. This can be by
ejectment proceedings, expropriation
proceedings, and the penalty of destierro.

128. VIOLATION OF DOMICILE

Elements:
1. Offender public officer or employee
2. Offender not authorized by judicial
order to enter the dwelling and/or to
make a search therein for papers and
other effects
3. Does any of the following acts:
a. entered a dwelling against the
will of the owner thereof;
b. searched papers or other effects
found therein without previous
consent of such owner;
c. refused to leave the premises
after having surreptitiously
(secretly) entered said dwelling
and having been required to
leave the same.
** Against the will of the owner
there should be OPPOSITION or
PROHIBITION, expressed or
implied
no crime committed if entrance is
merely without consent of the
owner.
** not being authorized by judicial order
public officer has no search warrant
** Qualifying circumstances:
1. nighttime
2. papers/effects not constituting evidence
of a crime are not returned immediately
after the search made by the offender

129. SEARCH WARRANTS MALICIOUSLY

OBTAINED AND ABUSE IN THE SERVICE OF
THOSE LEGALLY OBTAINED
Procuring a search warrant without just cause
Elements:
1. Offender public officer or
employee
2. Offender procures a search
warrant
3. There is no just cause
Properties to be seized:
1. Subject of the offense
2. Stolen or embezzled and other
proceeds or fruits of the offense
3. Used or intended to be used as the
means of committing an offense
Requisites for issuing search warrant:
1. Probable cause connected with one
specific offense, determined personally
by the judge after examination under
oath or affirmation of the complainant
and the witnesses he may produce
2. Particularly describing the place to be
searched or the person of place to be
seized, which may be anywhere in the
Philippines
** A search warrant shall be valid for 10 days
from its date. Thereafter, it shall be void.
** Probable cause facts and circumstances
which would lead a reasonably discreet and
prudent man to believe that an offense has been
committed, and that the object sought in
connection with the offense are in the place
sought to be searched.
** Peace officers may enter the house of an
offender who committed an offense in their
presence.
Exceeding authority or using unnecessary
severity in executing a search warrant legally
procured
Elements:
1. Offender public officer or employee
2. He has legally procured a search
warrant
3. He exceeds his authority or uses
unnecessary severity in using the same.

130. SEARCHING DOMICILE WITHOUT

WITNESSES
Elements:
1. Offender public officer or employee
2. Offender armed with search warrant
legally procured
3. Offender searches the domicile,
papers or other belongings of any
person
4. Owner or any member of his family or
two witnesses residing in the same
locality are not present

131. PROHIBITION, INTERRUPTION, AND

DISSOLUTION OF PEACEFUL MEETINGS
Elements:
1. Offender public officer or employee
2. Commits any of the following:
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.
** Clear and present danger to justify
suppression of free speech, there must be
reasonable ground to believe that the danger
apprehended is IMMINENT and that the evil to
be prevented is a serious one.
** The offender should be a stranger, and not a
participant of the peaceful meeting.

AN ACT ENSURING THE FREE EXERCISE BY

THE PEOPLE OF THEIR RIGHT PEACEABLY
TO ASSEMBLE AND PETITION THE
GOVERNMENT FOR OTHER PURPOSES

Section 1. Title - This Act shall be known as

"The Public Assembly Act of 1985."

Section 2. Declaration of policy - The

constitutional right of the people peaceably to
assemble and petition the government for
redress of grievances is essential and vital to the
strength and stability of the State. To this end,
the State shall ensure the free exercise of such
right without prejudice to the rights of others to
life, liberty and equal protection of the law.
Section 3. Definition of terms - For purposes of
this Act:
(a) "Public assembly" means any rally,
demonstration, march, parade,
procession or any other form of mass or
concerted action held in a public place
for the purpose of presenting a lawful
cause; or expressing an opinion to
the general public on any particular
issue; or protesting or influencing any
state of affairs whether political,
economic or social; or petitioning the
government for redress of
grievances.
The processions, rallies, parades,
demonstrations, public meetings and
assemblages for religious purposes
shall be governed by local ordinances:
Provided, however, That the declaration
of policy as provided in Section 2 of this
Act shall be faithfully observed.
The definition herein contained shall
not include picketing and other
concerted action in strike areas by
workers and employees resulting
from a labor dispute as defined by the
Labor Code, its implementing rules and
regulations, and by the Batas
Pambansa Bilang 227.
(b) "Public place" shall include any
highway, boulevard, avenue, road,
street, bridge or other thoroughfare,
park, plaza, square, and/or any open
space of public ownership where the
people are allowed access.
(c) "Maximum tolerance" means the
highest degree of restraint that the
military, police and other peace
keeping authorities shall observe
during a public assembly or in the
dispersal of the same.

(d) "Modification of permit" shall include

the change of the place and time of the
public assembly, rerouting of the parade
or street march, the volume of loudspeakers or sound system and similar
changes.
Section 4. Permit when required and when not
required - A written permit shall be required for
any person or persons to organize and hold a
public assembly in a public place. However,
no permit shall be required if the public
assembly shall be done or made in a freedom
park duly established by law or ordinance or
in private property, in which case only the
consent of the owner or the one entitled to its
legal possession is required, or in the campus
of a government-owned and operated
educational institution which shall be subject
to the rules and regulations of said educational
institution. Political meetings or rallies held
during any election campaign period as
provided for by law are not covered by this
Act.
Section 5. Application requirements - All
applications for a permit shall comply with the
following guidelines:
(a) The applications shall be in
writing and shall include the names of
the leaders or organizers; the purpose
of such public assembly; the date, time
and duration thereof, and place or
streets to be used for the intended
activity; and the probable number of
persons participating, the transport and
the public address systems to be used.
(b) The application shall incorporate the
duty and responsibility of applicant
under Section 8 hereof.
(c) The application shall be filed with
the office of the mayor of the city or
municipality in whose jurisdiction the
intended activity is to be held, at least
five (5) working days before the
scheduled public assembly.
(d) Upon receipt of the application,
which must be duly acknowledged in
writing, the office of the city or municipal
mayor shall cause the same to

immediately be posted at a conspicuous

place in the city or municipal building.
Section 6. Action to be taken on the application
(a) It shall be the duty of the mayor or
any official acting in his behalf to issue
or grant a permit unless there is clear
and convincing evidence that the public
assembly will create a clear and present
danger to public order, public safety,
public convenience, public morals or
public health.
(b) The mayor or any official acting in
his behalf shall act on the application
within two (2) working days from the
date the application was filed, failing
which, the permit shall be deemed
granted. Should for any reason the
mayor or any official acting in his behalf
refuse to accept the application for a
permit, said application shall be posted
by the applicant on the premises of the
office of the mayor and shall be deemed
to have been filed.
(c) If the mayor is of the view that there
is imminent and grave danger of a
substantive evil warranting the denial or
modification of the permit, he shall
immediately inform the applicant who
must be heard on the matter.
(d) The action on the permit shall be in
writing and served on the application
within twenty-four hours.
(e) If the mayor or any official acting in
his behalf denies the application or
modifies the terms thereof in his
permit, the applicant may contest the
decision in an appropriate court of
law.
(f) In case suit is brought before the
Metropolitan Trial Court, the
Municipal Trial Court, the Municipal
Circuit Trial Court, the Regional Trial
Court, or the Intermediate Appellate
Court, its decisions may be appealed
to the appropriate court within fortyeight (48) hours after receipt of the

same. No appeal bond and record on

appeal shall be required. A decision
granting such permit or modifying it in
terms satisfactory to the applicant shall,
be immediately executory.
(g) All cases filed in court under this
Section shall be decided within
twenty-four (24) hours from date of
filing. Cases filed hereunder shall be
immediately endorsed to the executive
judge for disposition or, in his absence,
to the next in rank.
(h) In all cases, any decision may be
appealed to the Supreme Court.
(i) Telegraphic appeals to be followed by
formal appeals are hereby allowed.

(d) To see to it that the public assembly

undertaken shall not go beyond the time
stated in the permit; and
(e) To take positive steps that
demonstrators do not molest any person
or do any act unduly interfering with the
rights of other persons not participating
in the public assembly.
Section 9. Non-interference by law enforcement
authorities - Law enforcement agencies shall
not interfere with the holding of a public
assembly. However, to adequately ensure
public safety, a law enforcement contingent
under the command of a responsible police
officer may be detailed and stationed in a
place at least one hundred (100) meter away
from the area of activity ready to maintain
peace and order at all times.

Section 7. Use of public thoroughfare - Should

the proposed public assembly involve the use,
for an appreciable length of time, of any public
highway, boulevard, avenue, road or street, the
mayor or any official acting in his behalf may, to
prevent grave public inconvenience, designate
the route thereof which is convenient to the
participants or reroute the vehicular traffic to
another direction so that there will be no serious
or undue interference with the free flow of
commerce and trade.

Section 10. Police assistance when requested It shall be imperative for law enforcement
agencies, when their assistance is requested by
the leaders or organizers, to perform their duties
always mindful that their responsibility to provide
proper protection to those exercising their right
peaceably to assemble and the freedom of
expression is primordial. Towards this end, law
enforcement agencies shall observe the
following guidelines:

Section 8. Responsibility of applicant - It shall

be the duty and responsibility of the leaders and
organizers of a public assembly to take all
reasonable measures and steps to the end that
the intended public assembly shall be conducted
peacefully in accordance with the terms of the
permit. These shall include but not be limited to
the following:

(a) Members of the law enforcement

contingent who deal with the
demonstrators shall be in complete
uniform with their nameplates and units
to which they belong displayed
prominently on the front and dorsal parts
of their uniform and must observe the
policy of "maximum tolerance" as herein
defined;

(a) To inform the participants of their

responsibility under the permit;
(b) To police the ranks of the
demonstrators in order to prevent nondemonstrators from disrupting the lawful
activities of the public assembly;
(c) To confer with local government
officials concerned and law enforcers to
the end that the public assembly may be
held peacefully;

(b) The members of the law

enforcement contingent shall not carry
any kind of firearms but may be
equipped with baton or riot sticks,
shields, crash helmets with visor, gas
masks, boots or ankle high shoes with
shin guards;
(c) Tear gas, smoke grenades, water
cannons, or any similar anti-riot device
shall not be used unless the public
assembly is attended by actual violence

or serious threats of violence, or

deliberate destruction of property.
Section 11. Dispersal of public assembly with
permit - No public assembly with a permit
shall be dispersed. However, when an
assembly becomes violent, the police may
disperse such public assembly as follows:
(a) At the first sign of impending
violence, the ranking officer of the law
enforcement contingent shall call the
attention of the leaders of the public
assembly and ask the latter to
prevent any possible disturbance;
(b) If actual violence starts to a point
where rocks or other harmful objects
from the participants are thrown at
the police or at the non-participants,
or at any property causing damage to
such property, the ranking officer of
the law enforcement contingent shall
audibly warn the participants that if
the disturbance persists, the public
assembly will be dispersed;
(c) If the violence or disturbances
prevailing as stated in the preceding
subparagraph should not stop or
abate, the ranking officer of the law
enforcement contingent shall audibly
issue a warning to the participants of
the public assembly, and after
allowing a reasonable period of time
to lapse, shall immediately order it to
forthwith disperse;
(d) No arrest of any leader, organizer
or participant shall also be made
during the public assembly unless he
violates during the assembly a law,
statute, ordinance or any provision of
this Act. Such arrest shall be governed
by Article 125 of the Revised Penal
Code, as amended:
(e) Isolated acts or incidents of
disorder or branch of the peace
during the public assembly shall not
constitute a group for dispersal.
Section 12. Dispersal of public assembly
without permit - When the public assembly is

held without a permit where a permit is required,

the said public assembly may be peacefully
dispersed.
Section 13. Prohibited acts - The following shall
constitute violations of this Act:
(a) The holding of any public assembly
as defined in this Act by any leader or
organizer without having first secured
that written permit where a permit is
required from the office concerned, or
the use of such permit for such
purposes in any place other than those
set out in said permit: Provided,
however, That no person can be
punished or held criminally liable for
participating in or attending an otherwise
peaceful assembly;
(b) Arbitrary and unjustified denial or
modification of a permit in violation of
the provisions of this Act by the mayor
or any other official acting in his behalf.
(c) The unjustified and arbitrary refusal
to accept or acknowledge receipt of the
application for a permit by the mayor or
any official acting in his behalf;
(d) Obstructing, impeding, disrupting or
otherwise denying the exercise of the
right to peaceful assembly;
(e) The unnecessary firing of firearms by
a member of any law enforcement
agency or any person to disperse the
public assembly;
(f) Acts in violation of Section 10 hereof;
(g) Acts described hereunder if
committed within one hundred (100)
meters from the area of activity of the
public assembly or on the occasion
thereof;
1. the carrying of a deadly or
offensive weapon or device
such as firearm, pillbox, bomb,
and the like;
2. the carrying of a bladed
weapon and the like;

3 the malicious burning of any

object in the streets or
thoroughfares;
4. the carrying of firearms by
members of the law
enforcement unit;
5. the interfering with or
intentionally disturbing the
holding of a public assembly by
the use of a motor vehicle, its
horns and loud sound systems.
Section 14. Penalties - Any person found guilty
and convicted of any of the prohibited acts
defined in the immediately preceding Section
shall be punished as follows:
(a) violation of subparagraph (a) shall be
punished by imprisonment of one month
and one day to six months;
(b) violations of subparagraphs (b), (c),
(d), (e), (f), and item 4, subparagraph (g)
shall be punished by imprisonment of
six months and one day to six years;
(c) violation of item 1, subparagraph (g)
shall be punished by imprisonment of
six months and one day to six years
without prejudice to prosecution under
Presidential Decree No. 1866;
(d) violations of item 2, item 3, or item 5
of subparagraph (g) shall be punished
by imprisonment of one day to thirty
days.
Section 15. Freedom parks - Every city and
municipality in the country shall within six
months after the effectivity of this Act establish
or designate at least one suitable "freedom park"
or mall in their respective jurisdictions which, as
far as practicable, shall be centrally located
within the poblacion where demonstrations and
meetings may be held at any time without the
need of any prior permit.
In the cities and municipalities of Metropolitan
Manila, the respective mayors shall establish the
freedom parks within the period of six months
from the effectivity of this Act.

Section 16. Constitutionality - Should any

provision of this Act be declared invalid or
unconstitutional, the validity or constitutionality
of the other provisions shall not be affected
thereby.
Section 17. Repealing clause - All laws,
decrees, letters of instructions, resolutions,
orders, ordinances or parts thereof which are
inconsistent with the provisions of this Act are
hereby repealed, amended, or modified
accordingly.
Section 18. Effectivity - This Act shall take effect
upon its approval.
Approved, October 22, 1985.

132. INTERRUPTION OF RELIGIOUS

WORSHIP
Elements:
1. Offender public officer or employee
2. Religious ceremonies or manifestations
of any religion are about to take place or
going on
3. Offender prevents or disturbs the
same
** Religious acts performed anywhere
** Qualified if committed with violence or threats

133. OFFENDING OF RELIGIOUS FEELINGS

Elements:
1. Offender anyone
2. Act complained is performed (a) in a
place devoted to religious worship, or
(b) during the celebration of any
religious ceremony
3. Act must be notoriously offensive to the
feelings of the faithful
** There must be deliberate intent to hurt the
feelings of the faithful
** Offense to feelings is judged from the
complainants point-of-view
** the religious ceremony need not be
celebrated in a place of worship
**religious ceremonies- those religious acts per
formed outside of a church, such as processions
and special prayers for burying dead persons

VIOLATIONS IN CONSTITUTION:
1. Arts. 124, 125, and 126 - Sec. 1, Art. 3:
Right to liberty
2. Art. 127 - Sec. 6, Art. 3: Liberty of abode
3. Arts. 128, 129, and 130 - Sec. 2, Art. 3:
Right against unreasonable searches
and seizures
4. Art. 131 - Sec. 4, Art. 3: Freedom of
speech, expression, and press,
assembly and redress of grievances
5. Arts. 132 and 133 - Sec. 5, Art. 3:
Freedom of religion

TITLE THREE:
CRIMES AGAINST PUBLIC ORDER
1. Rebellion or insurrection (134)
2. Coup detat (134-A)
3. Conspiracy and proposal to commit
coup detat, rebellion or insurrection
(136)
4. Disloyalty of public officers or
employees (137)
5. Inciting to rebellion (138)
6. Sedition(139)
7. Conspiracy to commit sedition (141)
8. Inciting to sedition (142)
9. Acts tending to prevent the meeting of
Congress and similar bodies (143)
10. Disturbance of proceedings of Congress
or similar bodies (144)
11. Violation of parliamentary immunity
(145)
12. Illegal assemblies (146)
13. Illegal association (147)
14. Direct assaults (148)
15. Indirect assaults (149)
16. Disobedience to summons issued by
Congress, its committees, etc., by the
constitutional commission, its
committees, etc. (150)
17. Resistance and disobedience to a
person in authority or the agents of such
person (151)
18. Tumults and other disturbances of public
order (153)
19. Unlawful use of means of publication
and unlawful utterances (154)
20. Alarms and scandals (155)
21. Delivering prisoners from jails (156)
22. Evasion of service of sentence (157)
23. Evasion on occasion of disorders (158)
24. Violation of conditional pardon (159)

25. Commission of another crime during

service of penalty imposed for another
previous offense (160)

CHAPTER ONE
REBELLION, COUP DETAT, SEDITION and
DISLOYALTY

134. REBELLION OR INSURRECTION

Elements:
1. There is (a) public uprising and (b)
taking arms against the government.
2. Purpose of uprising or movement:
a. to remove from the allegiance
to said government or its laws

(1)
the territory of the
Philippines or any part
thereof; or
(2)
any body of land,
naval or armed forces; or
b. to deprive the Chief Executive
or Congress, wholly or
partially of any of their
powers or prerogatives.
Rebellion its object is completely to overthrow
and supersede the existing government.
Insurrection a movement which seeks merely
to effect some change of minor importance, or to
prevent the exercise of governmental authority
with respect to a particular matter or subject.
** Purpose of the uprising must be shown.
** nature of the crime: a crime of the masses, or
of a mutitude
** It is not necessary that the purpose of the
rebellion be accomplished if they are
successful, they get to hold the government;
they will not sue their own selves.
Treason
Levying of war against
the government,
performed to aid the
enemy;

Rebellion
Levying of war against
the government for
reasons: remove from
allegiance to
government and
deprive president and
congress of any of
their powers;

May be committed by
mere adherence to
adherence to the
enemy giving him aid
or comfort;
Can be committed by
an individual;
Crime against national
security

Always involves
taking up arms
(uprising) against the
government;
Multitude/ crime of
masses.
Crime against public
order

134-A. COUP DETAT

Elements:
1. Offender person/s belonging to the
military or police holding any public
office or employment;
2. Committed swift attack
accompanied by violence,
intimidation, threat, strategy or
stealth;
3. Attack directed against duly
constituted authorities 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. Purpose of attack to seize/diminish
state power
** may be committed with or without civilian
participation

135. PERSONS LIABLE FOR REBELLION,

INSURRECTION, AND COUP DETAT
Leaders
1. Any person who promotes, maintains, or
heads a rebellion or insurrection;
2. Any person who leads, directs or
commands others to undertake a coup
detat.
Who shall be deemed the leader in case he is
unknown?
** any person who in fact directed the others,
spoke for them, signed receipts and other
documents issued in their name, as
performed similar acts, on behalf or the rebels
shall be deemed a leader of such a rebellion,
insurrection, or coup d'etat.

Participants
1. Any person who participates or executes
the commands of others in a rebellion or
insurrection;
2. Any person IN THE GOVERNMENT
who participates or executes the
commands of others in a coup detat;
3. Any person NOT in the government
service who participates, supports,
finances, abets, or aids in undertaking a
coup detat.
** Mere silence or omission is not punishable in
rebellion; the public officer must take active part
to be liable
** No complex crime of rebellion Hernandez
Ruling
Other crimes committed as a means
to, or, in furtherance of rebellion are
absorbed in the crime.
If other crimes were committed for
private purpose/profit, without any
political motivation, would be
separately punished and would not
be absorbed in rebellion.
** if the crimes are committed for private
purposes or for profit, without any political
motivation, the crime would be separately
punished and will not be absorbed in the
rebellion. The crime will be separately punished.

136. CONSPIRACY AND PROPOSAL TO

COMMIT COUP DETAT, REBELLION OR
INSURRECTION
** There is conspiracy to commit rebellion when
two or more persons come to an agreement to
rise publicly and take arms against the
government for any purpose of rebellion and
decide to commit it.
** There is proposal to commit rebellion when
the person who has decided to rise publicly and
take arms against the government for any of the
purposes of rebellion proposes it execution to
some other person or persons.

137. DISLOYALTY OF PUBLIC OFFICERS OR

EMPLOYEES
Elements:
1. Offender public officer or
employee

2. Offender must not be in

conspiracy with the rebels
3. Does any of the following acts:
a. Failing to resist rebellion by
al the means in their power;
b. Continuing to discharge the
duties of their offices under
the control of the rebels;
c. Accepting appointment to
office under them.
** offender must be a public officer or employee
** crime presupposes the existence of rebellion
by other persons
** offender under this article must not be in
conspiracy with the rebels

138. INCITING TO REBELLION OR

INSURRECTION
Elements:
1. Offender does not take arms or is
not in open hostility against the
government;
2. Offender incites others to rise
publicly and take arms against the
government for the purposes of rebellion
3. Done by means of speeches,
proclamations, writings, emblems,
banners, or other representations
tending to the same end.

Inciting to rebellion
Not required that the
offender has decided
to commit rebellion;
The act of inciting is
done PUBLICLY;

Proposal to commit
rebellion
The person who
proposes has decided
to commit rebellion;
The person who
proposes the
execution of the crime
uses SECRET
MEANS.

** the rebellion should not be committed

139. SEDITION
Elements:

1. Offenders rise publicly and

tumultuously;
2. Offenders employ Force,
Intimidation, or other means outside
of legal methods;
3. Objects:
a. To prevent the promulgation or
execution of any law of the
holding of any popular election;
b. To prevent the National
Government, or any provincial
or municipal government, or any
public officer thereof from freely
exercising its or his functions, or
prevent the execution of any
administrative order;
c. To inflict any act of hate or
revenge upon the 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 class; and
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.
Sedition
Public uprising
tumultuous
Purpose may be
political or social
Common crimes not
absorbed
Proposal is not
punished
Objects raising of
commotions or
disturbances in the
state;
(5 objects of sedition)

Offended party
government, public
officers or employees,
private persons and
social class

Rebellion
Taking up of arms
against the
government
Purpose is always
political
Common crimes are
absorbed
Proposal is punished
Objects: purpose of
taking arms against
government;
(remove from
allegiance and deprive
exec. and legis. of
freely exercising their
powers)
Offended party state
as a whole

** sedition cannot be committed by only one

person

constituted authorities. Its purpose is to punish

utterances which may endanger public order.
140. PERSONS LIABLE
1. The leader of the sedition; and
2. Other persons participating in the
sedition

141. CONSPIRACY TO COMMIT SEDITION

** There must be an agreement and a decision
to rise publicly and tumultuously to attain any of
the objects of sedition.
** Proposal to commit sedition is not punishable.
142. INCITING TO SEDITION
Elements:
1. Offender does not take direct part in
the crime of sedition
2. Offender incites others to the
accomplishment of any of the acts which
constitute sedition
3. By means of speeches, proclamations,
writings, emblems, cartoons, banners,
or other representations tending to the
same end
4. or utter seditious words or speeches,
write, publish or circulate scurrilous
libels against the government of the
Philippines, or any of the duly
constituted authorities thereof;
a. or which tend to disturb or
obstruct any lawful officer in
executing the functions of his
office;
b. or which tend to instigate others
to cabal and meet together for
unlawful purposes
c. or which suggest or incite
rebellious conspiracies or riots;
d. or which lead or tend to stir up
the people against unlawful
authorities or to disturb the
peace of the community, safety
and order of the government;
5. or who shall knowingly conceal such evil
practices.
** It is not necessary that the words used should
in fact result in a rising of people against the

Scurrilous low, vulgar, mean, or foul.

Two rules relative to seditious words:
1. The clear and present danger rule
a. danger of a public uprising
danger should be clear and
imminent
b. there must be reasonable
ground to believe that the
danger apprehended is
imminent, and the evil sought to
be prevented is a serious one.
probability of serious injury
2. The dangerous tendency rule
a. words used tend to create a
danger of public uprising;
b. when the words uttered or
published could easily produce
dissatisfaction among the
people and a state of feeling in
them incompatible with a
disposition to remain loyal to the
government and obedient to
laws
** the use of words, emblems, etc., not the
performance of act, is punished in inciting to
sedition
** reason why seditious utterances are
punishable: the legislature has authority to forbid
the advocacy of a doctrine designed and
intended to overthrow the Government without
waiting until there is a present and immediate
danger of the success of the plan advocated.

CHAPTER TWO
CRIMES AGAINST POPULAR
REPRESENTATION

143. ACTS TENDING TO PREVENT THE

MEETING OF THE ASSEMBLY AND SIMILAR
BODIES
Elements:
1. There is a projected or actual
meeting of congress or any of its
committees, constitutional
commission, committees, or

division, or any provincial board,

city, municipality, council or board;
2. Offender any person that prevents
the meeting by force or fraud.

144. DISTURBANCE OF PROCEEDINGS

Elements:
1. Meeting congress or any of its
committees, subcommittees, divisions,
provincial board, or city/municipal
council or board
2. Does:
a. disturbs any of such meetings
b. behaves in such a manner as to
interrupt its proceedings or to
impair respect due it.
** The complaint for disturbance of proceedings
may be filed by a member of a legislative body.
** One who disturbs the proceedings of the
congress may also be punished for contempt by
the assembly.

145. VIOLATION OF PARLIAMENTARY

IMMUNITY
Using force, intimidation, threats, or frauds
Elements:
1. Offender uses force, intimidation,
threats, fraud
2. Purpose prevent any member of the
congress to:
a. attend the meeting of the
congress or any of its
committees or constitutional
commissions;
b. express his opinions;
c. cast his vote.
Arresting or searching any member while in
session
Elements:
1. Offender public officer or employee
2. Offender arrests or searches any
member of the congress
3. Congress is in regular or special session
at the time of arrest or search
4. Congressman arrested or searched has
not committed any crime punishable
under RPC by a penalty of prision
mayor (6y, 1d 12y) or higher

** Parliamentary immunity does not protect

members of the Congress from responsibility
before the legislative body itself.

CHAPTER THREE
ILLEGAL ASSEMBLIES AND ASSOCIATION

146. ILLEGAL ASSEMBLIES

Meeting attended by armed persons any
crimes under RPC
Elements:
1. Gathering of persons fixed place or
moving
2. Attended by armed persons
3. Purpose commit any crime under RPC
** The persons present at the meeting must be
armed NOT ALL persons must be armed.
** the law does not state how many people
attending the meeting must be armed
** The unarmed person merely present at the
meeting is liable.
Armed/not treason, rebellion, insurrection,
sedition, or direct assault
Elements:
1. Meeting or gathering of persons
2. Audience, armed or not, incited to
commit treason, rebellion, insurrection,
sedition, or direct assault
** Audience is actually incited.
Persons liable are the organizers or
leaders of, and persons merely
present at the meeting;
Incited to commit rebellion or
sedition (a) illegal assembly as
regards the organizers or leaders
and persons merely present, and (b)
inciting to sedition insofar as the
once inciting is concerned.
** The persons merely present at the meeting
must have a common intent to commit the felony
of illegal assembly. The absence of such intent
may exempt the person present from criminal
liability.
** Unlicensed firearm presumed for the
purpose of the meeting; he is considered a
leader or organizer of the meeting.
** Illegal possession of firearms absorbed; if
acquitted, separate crime of illegal possession of
firearms.

** meeting- a gathering or group, whether in a

fixed place or moving, is included
Makes attack, employs force, serious
intimidation, serious resistance
147. ILLEGAL ASSOCIATIONS
They are:
1. Associations totally or partially
organized for the purpose of committing
any of the crimes punishable under
RPC.
2. Associations totally or partially
organized for some purpose contrary to
public morals.
Persons liable:
1. Founders, directors, and president of
the association;
2. Mere members of the association.
Illegal Assembly
Actual meeting or
assembly is
necessary;
Meeting and
attendance at such
meeting are punished;
Organizers, leaders,
persons present at the
meeting LIABLE

Elements:
1. Offender makes attack, employs force,
makes serious intimidation, serious
resistance
2. Victim person in authority or his agent
3. Offender knows victim is a person in
authority
4. Victim: (a) engaged in actual
performance of duty, or (b) by reason of
past performance of duty
5. No public uprising
Attack includes offensive or antagonistic
movement or action of any kind.

Illegal Association
Actual meeting is NOT
necessary;

Force must be of serious character as to

indicate determination to defy the law and its
representative at all hazards.

The act of forming or

organizing and
membership in the
association that are
punished;
Founders, directors,
president, and
members - LIABLE

** The force employed need not be serious

when the offended party is a person in authority.
** The intimidation or resistance must be
serious whether the offended party is an
agent only or he is the person in authority.
** the intimidation must produce its effects
immediately, for if the threats be of some future
evil, the act would not be an assault
** When a person in authority or his agent is the
one who provokes and attacks another person,
the latter is entitled to defend himself and cannot
be held liable for assault or resistance not for
physical injuries, because he acts in legitimate
defense.
** When a person in authority or his agent
exceeds his power or acts without authority, it is
not the exercise of the functions of his office.
When he makes unnecessary use of force or
violence and goes beyond the limits of his
power, he acts as a private person.
** There can be no assault upon or disobedience
to one authority by another when they both
contend in the exercise for their respective
duties. (The crime committed may be physical
injuries only).
** when the offender and the offended party who
are both persons in authority or their agents,
descend to matters which are private in nature,
the principle of authority is not violated
** The accused must have the knowledge that
the offended party was a person in authority (or
agent) in the exercise of his duties, because the

CHAPTER FOUR
ASSUALT UPON, AND RESISTANCE AND
DISOBEDIENCE TO, PERSONS IN
AUTHORITY AND THEIR AGENTS

148. DIRECT ASSULTS

Force or intimidation
Elements:
1. Offender employs force or intimidation
2. Aim attain any of the purposes of
REBELLION and SEDITION
3. No public uprising
** Is it necessary that the offended party be a
person in authority or his agent? NO. If the aim
of the offender is to attain sedition, the offended
party may be an individual or person belonging
to a social class

accused must have the intention to offend, injure

or assault the offended party as a person in
authority or agent of such person.
** The defendant must have the intention to defy
the authorities.
** slight physical injuries is absorbed in direct
assault
Qualified assault:
1. committed with a weapon;
2. offender is a public officer or employee;
3. offender lays hands upon a person in
authority.

149. INDIRECT ASSAULT

Elements:
1. Person in authority or his agent is the
victim of any if the forms of direct
assault;
2. Another person comes to the aid of such
authority or his agent;
3. The offender makes use of force or
intimidation upon such person coming to
the aid of the authority or his agent.
** Indirect assault is committed only when direct
assault is also committed.

150. DISOBEDIENCE TO SUMMONS ISSUED

BY THE NATIONAL ASSEMBLY
** only disobedience without legal excuse is
punishable
** reason for this provision: the power of inquirywith process to enforce it- is an essential and
appropriate auxiliary to the legislative functions

151. RESISTANCE AND DISOBEDIENCE TO A

PERSON IN AUTHORITY OR HIS AGENTS
Resistance and serious disobedience
Elements:
1. Person in authority or his agents
engaged in the performance of official
duty or gives a lawful order to the
offender (direct order)
2. Offender resists or seriously disobeys
him
3. Act of offender is not included in articles
148, 149, 150

** resistance and disobedience- failure to

comply with orders directly issued by the
authorities in the exercise of their duties/ failure
or refusal to obey a direct order
** when the attack or employment of force is not
deliberate, the crime is only resistance or
disobedience
** A person cannot be guilty of disobedience to
an order which is not addressed to him.
** The accused must have knowledge that the
person arresting him is a peace officer.
Simple disobedience
1. Person in authority or his agents
engaged in the performance of official
duty or gives a lawful order to the
offender
2. Offender disobeys
3. Disobedience is not of serious nature.
** The order must be lawful otherwise, the
resistance is justified.
** in simple disobedience, the offended party
must only be an agent of a person in authority
Direct Assault
PiA orhis agent must
be in actual
performance of his
duty, or is assaulited
by reason thereof
Committed by
attacking, employing
force, making serious
intimidation, serious
resistance
When the one resisted
is a PiA, any kind or
degree of force will
give rise to direct
assault

Resistance or serious
disobedience
PiA must be in actual
performance of his
duties
Committed only by
resisting or seriously
disobeying a PiA or his
agent
no force is employed
by the offender in
resisting a PiA

ART. 152. PERSONS IN AUTHORITY AND

AGENTS OF PERSONS IN AUTHORITY
In applying the provisions of the preceding and
other articles of this Code, any person directly
vested with jurisdiction, whether as an individual
or as a member of some court or governmental
corporation, board, or commission, shall be
deemed a person in authority. A barrio captain
and a barangay chairman shall also be deemed
a person in authority.

A person who, by direct provision of law or 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, such as a barrio councilman,
barrio policeman and barangay leader and any
person who comes to the aid of persons in
authority, shall be deemed an agent of a person
in authority.
In applying the provisions of Articles 148 and
151 of this Code, teachers, professors and
persons charged with the supervision of public
or duly recognized private schools, colleges and
universities, and lawyers in the actual
performance of their professional duties or on
the occasion of such performance, shall be
deemed persons in authority.
** Directly vested with jurisdiction power and
authority to govern and execute laws.
Persons in Authority:
1. municipal mayor
2. Division Superintendent of schools
3. Public/ Private school teachers
4. teacher- unrse
5. president of sanitary division
6. provincial fiscal
7. justice of the peace
8. municipal councilor
9. barrio captain and barangay chairman
Examples of agents of persons in authority:
1. policeman
2. municipal treasurer
3. postmaster
4. rural policeman, even if not provided
with a uniform and does not receive pay
5. sheriff
6. agents of the BIR
7. Malacanang confidential agent

CHAPTER FIVE
PUBLIC DISORDERS

153. TUMULTS AND DISTURBANCES

They are:
1. Causing any serious disturbance in a
public place, office or establishment;

2. Interrupting or disturbing performances,

functions or gatherings or peaceful
meetings, if the act is not included in
arts. 131 and 132;
3. Making an 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 order in
such place;
5. Burying with pomp the body of a person
who has been legally executed.
** Offender a participant in the meeting.
** Serious disturbance must be planned or
intended.
** Outcry to shout subversive or provocative
words tending to stir up the people to obtain by
means of force or violence any of the objects of
rebellion or sedition; more or less unconscious
outburst which is not intentionally calculated to
induce others to commit rebellion or sedition.
** qualifying circumstance- causing disturbance
or interruption of a tumultuous character
** tumultuous-more than three persons who are
armed or provided with means of violence

155. ALARMS AND SCANDALS

Punished:
1. Discharging any firearm, rocket,
firecracker, or other explosive calculated
to cause alarm or danger;
2. Instigating or taking active part in any
charivari or other disorderly meeting
offensive to another or prejudicial to
public tranquility;
3. Disturbing the public peace while
wandering about at night or while
engaged in any other nocturnal
amusements;
4. Causing any disturbance or scandal in
public places while intoxicated or
otherwise, provided art. 153 is not
applicable.
** It is the result that counts, and not the intent.
** Anywhere, as long as discharge of firearm,
rocket, etc. produced alarm or danger.
** Charivari sounds designed to annoy and
insult.

156. DELIVERING PRISONERS FROM JAIL

Elements:
1. Person confined in a jail or penal
establishment;
2. Offender removes or helps escape by
means of
a. violence intimidation, or bribery;
b. taking the guards by surprise, if
the escape of the prisoner shall
take place outside the said
establishment.
** Violence, intimidation and bribery qualifying
circumstances
** Mere detention prisoners included. Hospital or
asylum considered extension of jail or prison.
** Offender is usually an outsider. An employee
of the penal establishment who helps the
escape of a person confined therein may also be
punished, provided that he does not have the
custody or charge of such person. It may also be
a prisoner helping another prisoner. If the
offender is a public officer who had the prisoner
in his custody or charge, he is liable for infidelity
in the custody of a prisoner (223).
** By other means substituting an prisoner by
taking his place in jail is an example.
** A person delivering a prisoner from jail may be
held liable as accessory (treason, murder, or
parricide cases only)
** If the prisoner removed is a detention
prisoner, such prisoner is not criminally liable.
He can only be liable for evasion of service of
sentence is he is a convict by final judgment.

CHAPTER SIX
EVASION OF SERVICE OF SENTENCE

157. EVASION OF SERVICE OF SENTENCE

Elements:
1. Offender convict by a final judgment
2. Offender serving his sentence which
consists of deprivation of liberty
3. Offender evades service of sentence
by ESCAPING the term of his sentence
** If the convict escapes without commencing to
serve the sentence or without expressly waiving
in writing his right to appeal, or he is a detention
prisoner or minor delinquent who escapes from
confinement offender is not liable for evasion
of service of sentence.

** sentence must be by reason of final

judgment
** Art 157 is applicable to destierro
Qualifying circumstances:
1. Unlawful entry (climbing the wall)
2. Breaking doors, windows, gates, walls,
roofs, or floors
3. Using picklocks, false keys, disguise,
deceit, violence or intimidation
4. Connivance with other convicts or
employees of the penal institution

158. EVASION OF SERVICE DURING

DISORDERS
Elements:
1. Offender convict by final judgment,
confined in a penal institution
2. Disorder conflagration, earthquake,
explosion, similar catastrophe, mutiny
(he has not participated)
3. Offender evades by leaving penal
institution on the occasion of such
disorder
4. Offender fails to give himself up to
authorities 48 hours following the
issuance of the Chief Executive
announcing the passing away of such
calamity
** The offender must be a convict by final
judgment, and must leave the penal institution.
** what is punished is not the leaving of the
penal institution but the failure to give himself up
within 48 hours after the proclamation
announcing the passing away of the calamit7
** If the offender fails to surrender, he shall
suffer an increase of 1/5 of the time still
remaining to be served under the original
sentence, NOT TO EXCEED 6 MONTHS.
** If the offender surrenders within 48 hours, he
is entitled to 1/5 deduction of the period of his
sentence.
** mutiny in this article imples an organized
unlawful resistance to a superior office; a
sedition; or revolt

159. OTHER CASES OF EVASION OF

SENTENCE (VIOLATION OF CONDITIONAL
PARDON
Elements:
1. That the offender was a convict

2. that he was granted conditional pardon

by the Chief executive
3. that he violated any of the conditions of
such pardon
** Can the court require the convict to serve the
unexpired portion of his original sentence, if it
does not exceed 6 years? NO. Because the
article does not provide for it. The remedy is left
to the President who has the authority to
recommit him to serve the unexpired portion of
the punishment in the original sentence

CHAPTER SEVEN
COMMISSION OF ANOTHER CRIME DURING
SERVICE OF PENALTY IMPOSED FOR
ANOTHER PREVIOUS OFENDE
160. QUASI-RECIDIVISM
Elements:
1. Offender already convicted by final
judgment of one offense
2. Committed a new felony (a) before the
beginning to serve such sentence; or (b)
while serving the same
** First offense need not be a felony (crime
under RPC)
** New offense need not be of different character
from that of the former offense.
Recidivism
Generic aggravating
circumstance
May be offset by a
mitigating
circumstance
2 offenses embraced
in the same title/code
Committed after
serving the sentence

Quasi-Recidivism
Special aggravating
circumstance
Cannot be offset by a
mitigating
circumstance
1st offense may be
other violation; 2nd
offense should be a
felony
Committed before
beginning to serve or
while serving the
sentence