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ARTICLE 154 UNLAWFUL USE OF MEANS OF ARTICLE 157 EVASION OF SERVICE OFSENTENCE

PUBLICATION AND UNLAWFUL UTTERANCES


1. That the offender is a convict by final judgment;
Acts punished:
2. That he is serving his sentence, which consists in
1. Publishing or causing to be published as news any false deprivation of liberty;
news which may endanger the public order, or cause
damage to the interest or credit of the State; 3. That he evades the service of his sentence by
escaping during the term of his sentence.
2. Encouraging disobedience to the law or to the
constituted authorities or by praising, justifying or Circumstances qualifying the offense:
extolling any act punished by law, by the same means
or by words, utterances or speeches; 1. By means of unlawful entry (Òby scalingÓ);

3. Maliciously publishing or causing to be published any 2. By breaking doors, windows, gates, walls, roofs or
official resolution or document without authority, or floors;
before they have been published officially;
3. By using picklocks, false keys, disguise, deceit,
4. Printing, publishing or distributing (or causing the violence, or intimidation;
same) books, pamphlets, periodicals, or leaflets which
do not bear the real printer’s name, or which are 4. Through connivance with other convicts or
classified as anonymous. employees of the penal institution.

ARTICLE 155 ALARMS &SCANDALS ARTICLE 158 EVASION OF SENTENCE ON THE


OCCASION OF DISORDERS, CONFLAGRATIONS,
Acts punished: EARTHQUAKES, OR OTHER CALAMITIES

1. Discharging any firearm, rocket, firecracker, or other 1. That the offender is a convict by
explosive within any town or public place, which final judgment, and is confined in a penal
produces alarm or danger institution;

2. Instigating or taking an active part in any charivari or 2. That there is disorder, resulting from: a.
other disorderly meeting offensive to another or Conflagration, b. Earthquake, c. Explosion, d.
prejudicial to public tranquility. Similar catastrophe, e. Mutiny in which he has not
participated;
3. Disturbing the public peace while wandering about at
night or while engaged in any other nocturnal 3. That the offender leaves the penal institution
amusements; where he is confined, on the occasion of such
disorder or during the mutiny;
4. Causing any disturbance or scandal in public places
while intoxicated or otherwise, provided Art. 153 is not 4. That the offender fails to give himself up to the
applicable authorities within 48 hrs. following the issuance of
a proclamation by the Chief Executive announcing
ARTICLE 156 DELIVERYOF PRISONERS FROM JAIL the passing away of such calamity.

1. That there is a person confined in a jail or penal ARTICLE 159 OTHER CASES OF EVASION OF SENTENCE
establishment; (CONDITIONAL PARDON)

2. That the offender removes such person, or helps the 1. That the offender was a convict;
escape of such person.
2. That he was granted a conditional pardon by the
Committed in two ways: Chief Executive;

1. By removing a prisoner confined in jail or penal 3. That he violated any of the conditions of such
institution Ð to takeaway a person from confinement pardon.
with or without the active participation of the person
released. FORMS OF EVASION OFSERVICE OF SENTENCE

2. By helping said person to escape Ð furnish material 1. By simply leaving or escaping from the penal
means to facilitate escape. establishment under Art.157;

2. Failure to return within 48hours after having left


the penal establishment because of a calamity,
conflagration or mutiny and such calamity,
conflagration or mutiny has been announced as
already passed under Art. 158.

3. Violating the condition of conditional pardon


under Article 159.
ARTICLE 160 COMMISSIONOF ANOTHER CRIME Section 2. Venue of personal actions. — All other actions
DURING THE SERVICE OF PENALTY IMPOSED FOR may be commenced and tried where the plaintiff or any of
ANOTHER PREVIOUS OFFENSE (QUASI-RECIDIVISM) the principal plaintiffs resides, or where the defendant or
any of the principal defendants resides, or in the case of a
1. That the offender was already convicted by non-resident defendant where he may be found, at the
final judgment; election of the plaintiff. (2[b]a)

2. That he committed a new felony before beginning


to serve such sentence or while serving the same. Section 3. Venue of actions against nonresidents. — If any
of the defendants does not reside and is not found in the
Who can be pardoned Philippines, and the action affects the personal status of the
plaintiff, or any property of said defendant located in the
A quasi-recidivist can be pardoned: Philippines, the action may be commenced and tried in the
court of the place where the plaintiff resides, or where the
a) At the age of 70, if he shall have already served property or any portion thereof is situated or found. (2[c]a)
out his original sentence (and not a habitual
criminal); or Section 4. When Rule not applicable. — This Rule shall not
apply.
b) When he shall have completed it after reaching
the said age, unless by reason of his conduct or
other circumstances, he shall not be worthy of (a) In those cases where a specific rule or law
such clemency. provides otherwise; or

Section 21. Indigent party. — A party may be authorized


(b) Where the parties have validly agreed in
to litigate his action, claim or defense as an indigent if the
writing before the filing of the action on the
court, upon an ex parte application and hearing, is satisfied exclusive venue thereof. (3a, 5a)
that the party is one who has no money or property
sufficient and available for food, shelter and basic
necessities for himself and his family.

Such authority shall include an exemption from payment of


docket and other lawful fees, and of transcripts of
stenographic notes which the court may order to be
furnished him. The amount of the docket and other lawful
fees which the indigent was exempted from paying shall be
a lien on any judgment rendered in the case favorable to the
indigent, unless the court otherwise provides.

Any adverse party may contest the grant of such authority


at any time before judgment is rendered by the trial court. If
the court should determine after hearing that the party
declared as an indigent is in fact a person with sufficient
income or property, the proper docket and other lawful fees
shall be assessed and collected by the clerk of court. If
payment is not made within the time fixed by the court,
execution shall issue or the payment thereof, without
prejudice to such other sanctions as the court may impose.
(22a)

Section 22. Notice to the Solicitor General. — In any


action involving the validity of any treaty, law, ordinance,
executive order, presidential decree, rules or regulations,
the court, in its discretion, may require the appearance of
the Solicitor General who may be heard in person or a
representative duly designated by him. (23a)

Section 1. Venue of real actions. — Actions affecting title to


or possession of real property, or interest therein, shall be
commenced and tried in the proper court which has
jurisdiction over the area wherein the real property involved,
or a portion thereof, is situated.

Forcible entry and detainer actions shall be commenced and


tried in the municipal trial court of the municipality or city
wherein the real property involved, or a portion thereof, is
situated. (1[a], 2[a]a)

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