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Public Disorders

Art. 153 Revised Penal Code. Tumults and


other disturbances of public order
I. Causing any serious disturbance in a public place, office or
establishment
1.

This includes those in private places where public functions or performances are being held

2. Examples: challenging people to a fight inside city hall or at the market; unruly behavior at the corridors of
Justice Hall
3. Firing a gun within the premises of a public building, and if somebody was hurt there is a separate crime of
reckless imprudence resulting to physical injuries

II. Interrupting or disturbing performances, functions or gatherings


or peaceful meetings, if the act is not included in Article 131 and
132
1. The act must not be the crime of Prohibition, interruption or dissolution of peaceful meetings ( Art. 131) or
Interruption of Religious worship ( Art. 132)
2. Example: throwing bottles at the stage during a Miss Barangay Coronation; intentional loud singing and derisive
laughter by the losing candidates during the oath taking of the winning candidates of the school student organization

3. If while addressing the employees, the mayor was stoned by the


accused the crime is the complex crime of direct assault with
disturbance of public order III. Making an outcry tending to incite
rebellion or sedition in any meeting association or public place
1. The outcry must not be intentional premeditated but is an emotional outburst or an on-the-pot utterances,
otherwise the crime is inciting to sedition or rebellion if the utterances were pre-planned with the expectation that the
crowd would re-act positively

IV. Or displaying placard or emblems which provoke a disturbance


of public order in such place
V. Burying with Pomp the Body of a Person Legally Executed.
These persons have been proven guilty beyond reasonable doubt
of a heinous crime. They should not be made martyrs or heroes
else it would create hatred on the part of the public.
VI. The first two acts ( A ) and ( B) are punished with a higher
penalty if it is tumultuous in character i.e. committed by more than 3
persons who are armed or provided with means of violence

Art. 154 Revised Penal Code. Unlawful


Means of Publications
I. This is the second limitation to the Freedom of the Speech and of the
Press. Mass media is supposed to provide information on matters of public
interest, to entertain, to serve as medium for the expression and free
exchange of opinions and ideas. But when, under the guise of dissemination
of news and information, it instead causes disturbance to public peace and
order, then a criminal prosecution is justified.

II. It is Committed in four ways:


A. Publishing or causing to be published as news any false news which may endanger the public order, or cause
damage to the interest or credit of the state.
1).Not any false news gives rise to prosecution. Only those which affect public order give rise to a prosecution.
Yellow journalism or sensationalism do not ipso facto constitute e a violation of this article
2). Thus publishing that a woman gave birth to a fish-baby is not the news contemplated. But publishing falsely that
the Congress has decided to impeach the President is punishable
3). To publish need not be by print media but may be oral, as in radio or TV announcements

B. Encouraging disobedience to the law or to the authorities by praising, extolling any act punished by law. Example:
praising the act of the Magdalo soldiers as a supreme sacrifice worthy of emulation by all soldiers.
C. Malicious and unauthorized publication or premature publication of official resolutions or documents. These
resolutions may still be withdrawn or amended. Example: publishing a Resolution of the City Prosecutors Office
before it is officially docketed and mailed to the parties. The intention must be to cause damage.
D. Printing publishing or distributing periodicals or any published material, which do not bear the printers name or
those classified as anonymous. These are those publications the subject or contents of which are prohibited by law,
such as obscene materials.

Art. 155 Revised Penal Code. Alarms and


Scandal
I. These offenses must be caused in public places or must affect
public peace and tranquility but the disturbances are only of minor
degree, or not as serious or tumultuous as those under Article 153.
II. The word Alarms are acts which frighten or scare people,
causes them to panic or to become nervous and tense. The word
Scandal has no reference to acts of indecency or affecting public
morals which are properly the subject of Grave Scandal.
III. There are four acts punished:
A. Discharging any firearm, rocket or fire cracker or other explosive in any town or public place which caused alarm
or scandal
1). The gun should not be pointed at any person or in the general direction of a person
2). It does not matter that the gun was fired within the premises of ones house so long as there were people who
were disturbed.
3). If a gun is pointed at any person the following are the possible crimes:
(a). Grave threats if the gun is not discharged
(bi). Illegal discharge if fired but there is no intent to kill

(c). If with intent to kill and the gun is fired resulting to a harm, it is homicide, frustrated or attempted homicide
depending on the actual material injury
(d). If fired but with intent merely to injure; it is slight, less serious, or serious physical injuries
(e). If the pointing or firing is to compel the victim to do something or to prevent him from doing something lawful, it is
grave coercion
B. Instigating or taking part in any charivari or other disorderly meeting offensive to another or prejudicial to public
tranquility.
1). charivari means mock serenade or simply making noise from materials, not music, and the purpose is to disturb
public peace. It should not be directed to any particular individual else it is unjust vexation.
C. Disturbing the public peace while wandering about at night or while engaged in other nocturnal activity. Examples
are:
1). shouting at night even if by a vendor
2). holding a party in ones house but with loud music
3). partying or quarreling in the street
4). jamming or acting as street musicians
D. Causing any disturbance or scandal in public places which are only slight and not tumultuous. As in the case of a
drunk walking and bumping passers-by. Or the act of two people fighting each other in the market.

Art. 156 Revised Penal Code. Delivering


Prisoners from Jail
I. Concept: This is the crime committed by a person who removes/springs a
prisoner from jail or helps him escape.
II. The prisoner may be a mere detention prisoner or a prisoner by final
judgment

III. The offender is usually an outsider to the jail i.e he is not a jail guard. But
a jail guard may be liable if he was not then on duty at that time he removed
or assisted in the removal of a prisoner form jail.
IV. The act of removal may be by any means, such as substituting him with
another, but if the method used is violence, intimidation or bribery, then the
offense becomes qualified and the penalty is higher.
V. What is the liability of the prisoner who escaped?
1. If he is a convict, he is liable for evasion of service of sentence
2. If a mere detention prisoner, some say he is liable if he cooperated with his removal. But if he himself escaped,
some say he does not incur any liability however if he is later convicted for his crime then he will not be entitled to an
Indeterminate Sentence.
3. Personal opinion: he is liable for he delivered himself from jail