VINCENT JONAS M.

CONDEZ
CRIMINOLOGY 3-2

CRIMES AGAINST PUBLIC ORDER Congress, wholly or partially of any

powers or prerogative
● Political crimes are those directly aimed
against the political order, as well as
common crimes that may be committed to
FIRST ELEMENT
achieve a special purpose.
● The movement is not a passive
THE DECISIVE FACTOR IS THE INTENT OR
movement, not just a propaganda war but
MOTIVE
it involves actual fighting with government
soldiers or policemen, the destruction of
public property, kidnapping, or extortion.
POLITICAL CRIMES
SECOND ELEMENT
Political Crimes Proper
Remove from the allegiance to said
● Refer to the crimes of rebellion, coup d’
government or it’s laws
etat, sedition and their derivative lesser
offenses of conspiracy, proposal, and
a. The territory of the Philippines or any part
inciting.
thereof; or

Crimes of Political Coloration

b. Any body of land, naval or other armed
forces
● Ordinary crimes committed in furtherance,
- Complete overthrow
or on the occasion of, a political crime
- Partial overthrow/secession
proper.
- To remove a portion of the territory
- The armed forces are the
instruments of power

Deprive the Chief Executive or Congress,

Article 134
wholly or partially, of any of their powers or
prerogative
Rebellion or Insurrection
PERSONS LIABLE
Elements
LEADERS AND FOLLOWERS
1. There be:
a. Public uprising, and
b. Taking arms against the 1. Any person who promotes,
government maintains, or heads rebellion or
insurrection
2. Purpose of the uprising or movement
is either to 2. Any person participating or
a. Remove from the allegiance to executing the commands of others in
said government or its laws: a rebellion
I. The territory of the
Philippines or any part Unknown Leaders
thereof
II. Any body of land, naval,
or other armed forces Article 135 states that any person who in fact
a. Deprive the Chief Executive or directed the others, spoke for them, signed
receipts and other documents issued in their
VINCENT JONAS M. CONDEZ
CRIMINOLOGY 3-2

name, or performed similar acts, on behalf of the PERSONS LIABLE

rebels shall be deemed a leader of such a
rebellion. THE PRINCIPAL OFFENDERS ARE MEMBERS
OF THE AFP OR OF THE PNP ORGANIZATION
THEORY OF ABSORPTION OR A PUBLIC OFFICER WITH OR WITHOUT
CIVILIAN SUPPORT
● If common crimes like homicide, murder,
physical injuries and arson have been
1. Any person who leads or in any
committed in furtherance of, in connection manner directs or commands others
with rebellion, then it is considered to undertake a Coup D’ Etat
absorbed in the crime of rebellion.
2. Any person in the government
● Killing, robbing, etc, for private purposes service who participates, or executes
directions or commands of others in
or profit without any political motivation
undertaking a Coup D’ Etat
would be separately punished and would
not be absorbed in the rebellion. 3. Any person not in the government
service who participates in any
manner supports, finances, abets or
aids, in undertaking a Coup D’ Etat

Article 134-A

Coup D’ Etat
Article 136
Elements
Conspiracy and proposal to commit coup d’
etat, rebellion, or insurrection

1. Offender is a person or persons

belonging to military or police or Conspiracy Elements
holding any public office or
employment 1. When two or more persons
2. It is committed by means of a swift 2. Come to an agreement, and
attack accompanied by violence,
intimidation, threat, strategy or 3. Decide to commit it
stealth

3. Attack is directed against duly Proposal Elements

constituted authorities of the
Republic of the Philippines or any
military camp or installation,
communication networks, public 1. The person has decided
utilities or other facilities needed for
the exercise and continued 2. Proposes its execution
possession of power
3. To some other person or persons
4. Purpose of the attack is to seize or
diminish state power
VINCENT JONAS M. CONDEZ
CRIMINOLOGY 3-2

Article 137 THE WORDS OF INCITEMENT SHOULD HAVE

BEEN PREMEDITATED AND NOT JUST
Disloyalty of public officers and employees SPONTANEOUS OUTBURSTS ELSE IT
CONSTITUTES MERELY TUMULTUOUS
DISTURBANCE.

1. Failing to resist a rebellion by all

means in their power NO INCITING TO COUP D’ ETAT

2. Continuing to discharge the duties of ● There is no inciting to coup d’ etat

their offices under the control of the because it is not compatible with the
rebels essence being characterized by secrecy.
3. Accepting appointment to office
under them WHEN CONSUMMATED

● IF THE CRIME PRESUPPOSES THE ● If rebellion is actually committed, the

EXISTENCE OF REBELLION, BUT THE incited becomes a principal by
OFFENDER UNDER THIS ARTICLE inducement.
MUST NOT BE IN CONSPIRACY WITH
THE REBELS; HE WILL BE GUILTY OF ● The igniter should not have taken up arms
REBELLION, AS THE ACT OF ONE IS otherwise he is a participant in rebellion
THE ACT OF ALL and the inciting is just part of the rebellion.

Inciting to rebellion vs Proposal to commit

rebellion

Article 138 Inciting to rebellion

Inciting to rebellion or insurrection ● It is not required that the offender has

decided to commit rebellion.
Incite
● The act of inciting rebellion is done
● Means to encourage someone to do or publicly.
feel something unpleasant or violent
Proposal to commit rebellion

● The person who proposes has decided to

1. Offender does not take arms or is not commit the rebellion.
in open hostility against the
government
● The person who proposes the execution
2. He incites others to the execution of of the crime uses secret means.
any of the acts of rebellion
THE CRIME OF REBELLION SHOULD NOT BE
3. Inciting is done by means of ACTUALLY COMMITTED BY THE PERSONS
speeches, proclamations, writings,
TO WHOM IT IS PROPOSED OR WHO ARE
emblems, banners, or other
representations tending to the same INCITED
end
IF THEY COMMIT REBELLION BECAUSE OF
THE PROPOSAL OR INCITING, THE
PROPONENT OR THE ONE INCITING MAY
VINCENT JONAS M. CONDEZ
CRIMINOLOGY 3-2

BECOME A PRINCIPAL OF INDUCEMENT IN

5. To despoil, for any political or social
THE CRIME OF REBELLION end, any person, municipality or
province, or the National
Government, of all its property or any
part thereof

Article 139
THE PURPOSE MAY EITHER BE POLITICAL
Sedition OR SOCIAL BUT NOT THE DOWNFALL OR
OVERTHROW THE GOVERNMENT

WHO CAN BE THE OFFENDERS

ELEMENTS
● The offenders may be a public or private
1. The offender rise person –Leaders and participants
a. Publicly
b. Tumultuously WHO ARE THE VICTIMS

● The purpose of the offenders in rising ● The acts may be directed to private
publicly is merely to create commotion and persons or their property, or to public
disturbance by way of protest to express officials or to property of any political
their dissent and disobedience to the subdivision
government or to the authorities
concerned

2. They employ force, intimidation, or other

means outside of legal methods Article 141/142

3. Offender employ any of those means to Conspiracy to Commit Sedition / Inciting to

attain any of the following objects to: Sedition

1. To prevent the promulgation or

execution of any law or holding of Punishable Acts
any popular election

2. The prevent the National

Government, or any other provincial 1. Inciting others to the
or municipal government or any accomplishment of any of the acts
public officer thereof from freely which constitute sedition by means
exercising its or his functions, or of speeches, proclamations, writing,
prevent the execution of any emblems, etc.
administrative order
2. Uttering seditious words or speeches
3. To inflict any act of hate or revenge which tend to disturb the public
upon the person or property of any peace.
public officer or employee
3. Writing, publishing or circulating
4. To commit, for any political or social scurrilous libels against the
end, any act of hate or revenge government or any of the duly
against private persons or any social constituted authorities thereof, which
class tend to disturb the public peace.
VINCENT JONAS M. CONDEZ
CRIMINOLOGY 3-2

Articles 144
Elements of conspiracy to commit sedition
Disturbance of proceedings
1. When two or more persons

2. Come to an agreement, to
1. There is a meeting of congress or
3. To rise any of its committees or
a. Publicly subcommittees, constitutional
b. Tumultuously commissions or committees or
divisions thereof, or any provincial
board or city or municipality council
Elements of inciting to sedition or board

2. Offender does any of the following

1. Committed by any persons, who acts:
a. Disturbs any such meetings
2. Without taking any direct part
b. Behaves while in the presence
3. Incite others to the accomplishment of any such bodies in such a
of any of the acts manner as to interrupt its
proceedings or to impair the
respect due it

Article 143 ARTICLE 143 VS ARTICLE 144

Acts tending to prevent the meeting of ARTICLE 143 - PREVENT

congress and similar bodies
ARTICLE 144 - DISTURB
Elements

1. There be projected or actual meeting

of the Congress or any of its Article 145
committees or subcommittees,
constitutional committees or Violation of parliamentary immunity
divisions thereof, or of any provincial
board or city or municipal council or
● It is committed by any public officer or
board
employee who shall, while the Congress is
2. Offender, who may be any person, in regular or special session, arrest or
prevents such meeting by force or search any member thereof, except in
fraud case such member has committed a crime
punishable under the RPC by a penalty
EXAMPLES: Sending letters to the
higher than prision mayor.
committee members that the meeting is
postponed by falsifying the signature of the
committee chairman
VINCENT JONAS M. CONDEZ
CRIMINOLOGY 3-2

PUNISHABLE ACTS Article 146

Illegal assemblies
1. Using force or intimidation, threats, or
frauds to prevent any member of
Congress from FORMS OF ILLEGAL ASSEMBLIES

a. Attending the meetings of

1. Any meeting attended by armed
congress or of any of its
persons for the purpose of
committees or subcommittees, committing any of the crimes
constitutional commissions or punishable under the RPC
committees.
2. Any meeting in which the audience,
b. Expressing his opinions whether armed or not, is incited to
the commission of the crime of
treason, rebellion or insurrection,
c. Casting his vote sedition, or assault upon a person in
authority or his agents
2. Arresting or searching any member
thereof while the Congress is in regular or
special session
Armed

● THIS PRIVILEGE ATTACHES TO THE

● The word arm in this article is not limited
LEGISLATOR BY VIRTUE OF HIS
to firearms.
OFFICE AND IS ENJOYED BY HIM
EVEN IF HE IS NOT ACTUALLY
PERSONS WHO CAN BE HELD LIABLE
JOINING THE SESSIONS OF
CONGRESS

Arrest 1. Organizers or leaders of the meeting

2. Persons present at the meeting who

● The immunity from arrest covers both
have intent to commit the felony of
warrantless arrest and arrest by virtue of a illegal assembly
warrant

Session

● The term “session”refers to the entire

Article 147
period of time from its initial convening
until its final adjournment.
Illegal associations

Punishable Acts

1. Associations totally or partially

organized for the purpose of
committing any of the crimes
punishable under the RPC
VINCENT JONAS M. CONDEZ
CRIMINOLOGY 3-2

Article 148
2. Associations totally or partially
organized for some purpose contrary
to public morals Direct assault

Public Morals TWO WAYS TO COMMIT

● Refer to matters which affect the interest 1. Without public uprising, by employing
of society and public inconvenience and force or intimidation for attainment of
are not limited to good customs any of the purposes enumerated in
defining the crimes of rebellion and
● It refers to acts that are in accordance with sedition
natural and positive laws
Elements:
PERSONS LIABLE
a. That the offender employs force or
intimidation
1. Founders, directors and president of
b. That the aim of the offender is to
the association
attain any of the purposes of the
2. Members of the association crime of rebellion or any of the
objects in the crime of sedition

c. That there is no public uprising

ILLEGAL ASSEMBLY VS ILLEGAL
ASSOCIATION

Illegal Assembly 2. Without public uprising, by attacking,

employing force, or by seriously
● The basis of liability is the gathering for an intimidating or seriously resisting any
illegal purpose which constitutes a crime person in authority or any of his agents
under the RPC while engaged in the performance of
official duties, or on the occasion of such
● Necessary that there is an actual meeting performance
or assembly
● Elements:
Illegal Association
1. The offender, makes an attack,
● The basis is the formation of or employs force, makes a serious
organization of an association to engage intimidation, makes a serious
in an unlawful purpose which is not limited resistance
to a violation of the RPC
2. The person assaulted is a person in
authority or his agent
● Not necessary that there be an actual
meeting 3. That at the time of the assault the
person in authority or his agent
a. Is engaged in the actual
performance of official duties

b. That he is assaulted by reason

VINCENT JONAS M. CONDEZ
CRIMINOLOGY 3-2

Article 149
of the past performance of
official duties
Indirect assault
4. That the offender knows that the one
he is assaulting is a person in ELEMENTS
authority or his agent in the exercise
of his duties
1. Direct assault is committed against
5. That there is no public uprising an agent of person in authority

2. The offended party comes to the aid

of said agent of a person in authority
KINDS OF DIRECT ASSAULT
3. Offender uses force or intimidation
upon the said offended party

1. Simple Assault

2. Qualified Assault WHO IS THE VICTIM

● The victim in the crime of indirect assault

Qualified Direct Assault is not the person in authority or his agent
but the person who comes in the aid of an
agent or person in authority.

1. When the assault is committed with a

weapon

2. When the offender is a public person

or employee Article 150

3. When the offender lays hand upon a

person in authority Disobedience to Summons Issued by
Congress and Constitutional Commissions

DEGREE OF FORCE ● It is also committed by any person who

shall include disobedience to summons or
refusal to be sworn by any such body or
PERSON IN No Laying of Simple direct official.
AUTHORITY hands assault
PUNISHABLE ACTS
Simple Qualified
assault direct assault

AGENT OF A Simple Simple 1. Refusing, without legal excuse, to

PERSON IN assault resistance obey summons of Congress, its
AUTHORITY and there is special or standing committees and
no direct subcommittees, the Constitutional
assault Commissions and its committees,
subcommittees or divisions, or by
Serious Simple direct any commission or committee
assault assault chairman or member authorized to
summon witnesses

2. Refusing to be sworn or placed

VINCENT JONAS M. CONDEZ
CRIMINOLOGY 3-2

under affirmation while being disobeys such person in authority or

presented before such legislative or his agent
constitutional body or official
3. Act of the offender is not included in
3. Refusing to answer any legal inquiry the provisions of Arts 148, 149, and
or to produce any books, papers, 150
documents or records in his
possession, when required by them
to do so in the exercise of their
functions THE ACCUSED MUST HAVE KNOWLEDGE
THAT THE PERSON GIVING THE ORDER IS A
4. Restraining another from attending PEACE OFFICER
as a witness in such legislative or
constitutional body

5. Inducing disobedience to a SIMPLE DISOBEDIENCE

summons or refusal to be sworn by
any such body or official Elements:

PERSONS LIABLE 1. An agent of a person in authority is

engaged in the performance of
● It is committed by any person who official duty or gives a lawful order to
commits any of the acts mentioned the offender

2. Offender disobeys such agent of a

person in authority

3. Such disobedience is not serious

Article 151 nature

Resistance and disobedience to a person in

authority or the agents of such person

Punishable acts: Article 152

Person in Authority, Agent of a Person in

1. Resistance and serious disobedience
Authority
2. Simple disobedience

Person in Authority
RESISTANCE AND SERIOUS DISOBEDIENCE
● A person in authority is one directly vested
Elements: with jurisdiction whether as an individual
or as a member of some court or
governmental corporation, board, or
1. Person in authority or his agent is commission.
engaged in the performance of
official duty or gives a lawful order to
the offender

2. Offender resists or seriously

VINCENT JONAS M. CONDEZ
CRIMINOLOGY 3-2

Examples: Examples:

1. Elected Officials 1. Agents proper

2. Those related to the administration 2. Those who carry out or implement

of justice the orders of PIAS who are their
immediate superiors
3. Those in the line agencies occupying
positions which are policy 3. Any person who comes to the aid of
determining PIA who is under direct assault
(Agents by assistance)
4. Division superintendent of school

5. Public and private school teachers

6. Lawyers in actual performance of

duties

7. Punong barangay Article 153

8. Members of the sangguniang Tumults and other Disturbances of Public

barangay Order
9. Members of the lupong tagamayapa
in their jurisdictions Punishable Acts:

FOR ITEMS 5 AND 6

1. Causing any serious disturbance in a
● However, teachers and lawyers are PIAs public place, office or establishment
only for purposes of Direct Assault and 2. Interrupting or disturbing
Resistance and Disobedience but not for performances, functions or
purposes of Indirect Assault or other gatherings, or peaceful meetings, if
crimes. act is not included in Arts. 131 and
132
● They must be within the school premises
3. Making any outcry tending to incite
during school hours or are actually sedition in any meeting, association,
performing the tasks outside the school or public place
premises.
4. Displaying placards, or emblems
● For lawyers, they must be in actual which provoke a disturbance of
public order in such place
performance of their professional duties or
on the occasion of such performance. 5. Burying with pomp the body of a
person who has been legally
AGENT OF A PERSON IN AUTHORITY executed

● APIA are those by direct provision of law THE FIRST TWO ACTS ARE PUNISHED WITH
or by election or by appointment by A HIGHER PENALTY IF IT IS TUMULTUOUS IN
competent authority is charged with the: CHARACTER
VINCENT JONAS M. CONDEZ
CRIMINOLOGY 3-2

TUMULTUOUS books, pamphlets, periodicals or

leaflets which do not bear the real
● When it is caused by more than three printer’s name or which are
persons who are armed or provided with classified as anonymous
means of violence
● Mass media is supposed to provide
OUTCRY information on matters of public interest, to
entertain, to serve as medium for the
● Means to shout subversive or provocative expression and free exchange of opinions
words tending to stir up the people to and ideas.
obtain by means of force or violence any
of the objects of rebellion or sedition ● But when, under the guise of
dissemination of news and information, it
● The outcry must not be intentionally instead causes disturbance to public
premeditated but is an emotional outburst peace and order, then a criminal
or an on-the-spot utterance, otherwise the prosecution is justified.
crime is inciting to sedition or rebellion if
the utterances were pre planned with the
expectation that the crowd would react
positively.

Article 155

Alarms and Scandals

Article 154
● The essence of the crime is disturbance of
Unlawful use of Means of Publication and public tranquility and public peace.
Unlawful Utterances
Punishable Acts:

1. Publishing or causing to be 1. Discharging any firearm, rocket,

published, by means of printing, firecracker, or other explosive within
lithography or any other means of any town or public place, calculated to
publication, as news any false news cause alarm or danger
which may endanger the public
order, or cause damage to the - The gun should not be pointed at any
interest or credit of the State
person or in the general direction of a
2. Encouraging disobedience to the law person
or to the constituted authorities or by
praising, justifying, by the same 2. Instigating or taking an active part in
means or by words, utterance and any charivari or other disorderly
speeches meeting offensive to another or
3. Maliciously publishing, causing to be prejudicial to public tranquility
published any official resolution or
document without proper authority, - Charivari means mock serenade or simply
or before they have been published making noise from materials, not music
officially and the purpose is to disturb public peace
4. Printing, publishing or distributing
VINCENT JONAS M. CONDEZ
CRIMINOLOGY 3-2

3. Disturbing the public peace while Article 157

wandering about at night or while
engaged in any other nocturnal Evasion of service of sentence
amusements
● Any convict who shall evade service of his
4. Causing any disturbance or scandal in sentence by escaping during the term of
public places while intoxicated or his imprisonment by reason of final
otherwise, provided the act is not judgment
covered by Art. 153
Elements:

1. Offender is a convict by final

Article 156
judgment

Delivery of prisoners from jails 2. He is serving his sentence which

consist of deprivation of liberty
Elements:
3. He evades the service of his
sentence by escaping during the
term of his sentence
1. There is a person confined in a jail or
penal establishment (Prisoner by THIS CRIME IS A CONTINUING OFFENSE
final judgment, detention prisoner)

2. Offender removes therefrom such QUALIFYING CIRCUMSTANCES

person or helps the escape of such
person
1. By means of unlawful entry (by
scaling)
WHO ARE THE OFFENDERS
2. By breaking doors, windows, gates,
walls, roofs, or floors

1. An outsider to the jail 3. By using picklocks, false keys,

disguise, deceit, violence or
2. It may also be: intimidation
a. An employee of the penal
establishment who does not 4. Through connivance with other
have the custody of the prisoner convicts or employees of the penal
institution
b. A prisoner who helps the escape
of another prisoner

QUALIFYING CIRCUMSTANCES
Article 158
● Use of violence, intimidation or bribery
Evasion of service of sentence on the
occasion of disorder, conflagrations,
earthquakes or other calamities
VINCENT JONAS M. CONDEZ
CRIMINOLOGY 3-2

Elements: shall violate any of the conditions of such

pardon.
1. Offender is a convict by final
judgment, who is confined in a penal ● Conditional pardon refers to the
institution exemption of an individual, within certain
limits or conditions, from the punishment
2. There is disorder, resulting from: which the law inflicts for the offense he
a. Conflagration had committed resulting in the partial
b. Earthquake
extinction of his criminal liability
c. Explosion
d. Similar Catastrophe
e. Mutiny in which he has not Elements:
participated

3. Offender evades the service of his

sentence by leaving the penal 1. Offender was a convict
institution where he is confined on
the occasion of such disorder or 2. He was granted a conditional pardon
during the mutiny by the Chief Executive

4. Offender fails to give himself up to 3. He violated any of the conditions of

the authorities within 48 hours such
following the issuance of
proclamation by Chief Executive When can there be a violation of the
announcing the passing away of
conditional pardon?
such calamity

● When the condition is violated during the

remaining period of the sentence.
PENALTY

● An increase by ⅕ of the time remaining to

be served under the original sentence, in Article 160
no case to exceed 6 months
Quasi-Recidivism
SPECIAL TIME ALLOWANCE FOR LOYALTY
● Happens when a person commits a felony
THERE IS A REDUCTION OF ⅕ OF HIS after having been convicted by final
ORIGINAL SENTENCE IF HE RETURNED judgment for another crime before
beginning the service of such sentence or
AND ⅖ IF HE STAYED while serving the same.

Elements:

Article 159 1. That the offender was already

convicted by final judgment and
sentenced for one crime
Other cases of evasion of service of sentence
2. That he committed a new felony
Violation of conditional pardon before beginning to serve such
sentence or while serving the same
● A convict who, having been granted
conditional pardon by the Chief Executive,
VINCENT JONAS M. CONDEZ
CRIMINOLOGY 3-2

SECOND FELONY

Happens when:

1. While the convict is being

transported to prison

2. While in prison or

3. During the period of time that he

escaped from prison

NOTES

● Quasi Recidivism is not a felony but a

special aggravating circumstance,

● The first offense may be any crime but the

second must always be a felony.

PARDON

● When a quasi-recidivist reaches the age of

70 and he has served out his original
sentence, he may be pardoned.

● He may also be pardoned if he finishes

serving the original sentence only after he
reaches 70.

Exceptions:

1. He is a habitual criminal; or

2. If his conduct or other circumstances

shows he is not worthy of such
clemency