REVISED PENAL CODE BOOK II Title One CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS Crimes

against national security: 1. treason 2. conspiracy and proposal to commit treason 3. misprision of treason 4. espionage Crimes against laws of nations 1. inciting to war or giving reprisals 2. violation of neutrality 3. correspondence with hostile country 4. flight to enemys country 5. piracy in general and mutiny on the high seas

the same overt act or on confession of the accused in open court. /i0ewise$ an alien$ residing in the )hilippine *slands$ who commits acts of treason as defined in paragraph 1 of this #rticle shall +e punished +y prision mayor to death and shall pay a fine not to e,ceed )2-$--- pesos. %#s amended +y 1. . .o. 44$ 2ay 31$ 1345'.

1lements of treason 1. that the offender is a 4ilipino citi5en or alien residing in the )hilippines6 2. that there is a war in which the )hilippines is involved 3. that the offender either a. levies war against the government6 or +. adheres to the enemies$ giving them aid and comfort "reason a +reach in the allegiance to the government$ committed +y a person who owes allegiance to it nature of the crime: a violation +y the su+7ect of his allegiance to his sovereign or to the supreme authority of the state the offender is either a 4ilipino citi5en or a resident alien allegiance: the o+ligation of fidelity and o+edience which the individuals owe to the government under which they live or to the sovereign$ in return for the protection they receive. "reason cannot +e committed in time of peace "wo modes of committing treason:

Chapte One CRIMES AGAINST NATIONAL SECURITY Section ne. ! "reason and espionage

#rt. 114. "reason. ! #ny person who$ owing allegiance to %the &nited States or' the (overnment of the )hilippine *slands$ not +eing a foreigner$ levies war against them or adheres to their enemies$ giving them aid or comfort within the )hilippine *slands or elsewhere$ shall +e punished +y reclusion temporal to death and shall pay a fine not to e,ceed )2-$--- pesos. .o person shall +e convicted of treason unless on the testimony of two witnesses at least to

8y levying war against the government 8y adhering to the enemies of the )hilippines$ giving them aid and comfort /19:*.( ;#< =levies war> re?uires the concurrence of two things: "hat there +e actual assem+ling of men6 4or the purpose of e,ecuting actual treasona+le design +y force *n treason +y levying war$ it is not necessary that there +e a formal declaration of the e,istence of a state of war "he levying of the war must +e directed with the intent tot overthrow the government$ not merely to resist a particular or to repel a particular officer *s it necessary that the purpose of levying war is to deliver the country in whole or in part to the enemy@ :1S. /evying war as an act of treason must +e for the purpose of e,ecuting a treasona+le design +y force /evying war must +e in colla+oration with a foreign country #AB1<1.C1 " 1.1212*1S <e?uirements for the second mode of committing treason: #dherence6 and (iving aid or comfort to the enemy 8 "B 2&S" C .C&<<

#dherence to enemy: intent to +etray6 where a citi5en intellectually or emotionally favors the enemy and har+ors sympathies or convictions disloyal to his countrys policy or interest #dherence alone$ without giving enemy aid and comfort does not constitute treason (iving information to$ or commandeering foostuffs for$ the enemy is evidence of +oth adherence and aid or comfort 1,tent of aid and comfort: must +e given to the enemy +y some 0ind of action. *t must +e +y deed or physical activity$ not emrely mental operation. ;hat aid and comfort constitutes treason must depend upon their nature$ degree and purpose (eneral rule: to +e treasonous$ the e,tent must +e to render assistance to them as enemies and not merely as individuals and$ in addition$ +e directly in furtherance of the enemies hostile design "he act committed need not actually strengthen the enemy Specific acts of aidC comfort Serving as an informer Serving as an agent or spy #cting as =finger woman> "a0ing active part in the mass 0illing of civilians #cceptance of pu+lic office and discharge of official duties under

the enemy do not constitute per se an element of treason 8ut where the positions are not only highly responsi+le +ut also policyDdetermining$ acceptance of the office may amount to treason %)) v. Sison' 2ere govermntal wor0 during the Eapanese regime is not an act of treason 2em+ership in the police force during occupation is not treason6 +ut active participation with the enemies in the apprehension of guerillas and infliction of ill treatments ma0e such lia+le for treason .o treason through negligence ;hen the 0illings and other common crimes are charged as overt acts of treason$ they cannot +e regarder as 1' separate crimes or 2' as comple,ed with treason "reason +y a 4ilipino can +e committed outside the )hilippines "reason +y an alien must +e committed inside the )hilippines "reason is a continuous offense

;#:S 4 )< 9*.( "<1#S . # person may +e convicted of treason on any of the following evidence: "estimony of two witnesses$ at least to the same overt act of giving aid or comfort6 or Confession of the accused in open court

"reason may not +e proves +y circumstantial evidence or +y the e,tra7udicial confession of the accused "woDwitness rule "o prove the overt act of giving aid or comfort6 not necessary to prove adherence <ule must +e adhered to as t each and every one of the e,ternal manifestations of the overt act in issue <ule is severly restrictive *t is sufficient that the witnesses are uniform in their testimony on the overt act6 it is not necessary that there +e colla+oration +etween them on the point they testified .ot affected +y minor discrepancies in the details of the testimony <eason for the rule is due to the seriousness of the crime Bow adherence is proved: 8y one witness$ 4rom the nature of the act itself6 or 4rom the circumstances surrounding the act <eason why adherence need not +e proved +y two witnesses: what is designed in the mind of an accused is never suscepti+le of proof +y direct testimony aggravating circumstances is treason cruelty

ignominy rape wanton ro++ery for personal gain +rutality #rt. F4 applica+le in treason "he gravity or the seriousness of the acts of treason considered #ccepted defenses in treason Auress or uncontrolla+le fear /awful o+edience to a de facto government .ot accepta+le defenses: /oss of citi5enship +y 7oining the army of the enemy Suspended allegiance and change of sovereignty6 reasons # citi5en owes an a+solute and permanent allegiance to his government Sovereignty is not transferred to the enemy +y mere occupation "he su+sistence of the sovereignty of the legitimate government in a territory occupied +y military forces during war is one of the rules of *nternational /aw ;hat is suspended is merely the e,ercise of sovereignty

1. Conspiracty: in time of war$ two or more persons come to an agreement to levy war against the government or to adhere to the enemies and to give them ad or comfort$ and decide to commit them 2. )roposal in time of war$ a person who has decided to levy war against the government or to adhere to the enemies and to give them ad or comfort$ proposes its e,ecution to some other person or persons G two witness rules does not apply in this provision

#rt. 11F. 2isprision of treason. ! 1very person owing allegiance to %the &nited States' the (overnment of the )hilippine *slands$ without +eing a foreigner$ and having 0nowledge of any conspiracy against them$ conceals or does not disclose and ma0e 0nown the same$ as soon as possi+le to the governor or fiscal of the province$ or the mayor or fiscal of the city in which he resides$ as the case may +e$ shall +e punished as an accessory to the crime of treason.

#rt. 115. Conspiracy and proposal to commit treason6 )enalty. ! "he conspiracy or proposal to commit the crime of treason shall +e punished respectively$ +y prision mayor and a fine not e,ceeding )1-$--- pesos$ and prision correccional and a fine not e,ceeding )5$--- pesos. G Committed when:

1lements: 1. person must +e owing allegiance to %the (overnment of the )hilippine *slands$ without +eing a foreigner6 2. having 0nowledge of any conspiracy against the government 3. conceals or does not disclose and ma0e 0nown the same$ as soon as possi+le to the governor or fiscal of the province$ or the mayor or fiscal of the city in which he resides

2isprision of treaon cannot +e committed +y a resident alien #rt 11F nCa when the crime of treason is already committed +y someone and the accused does not report its commission to the proper authority "he offender is punished as an accessory in the crime of treason$ 8&" *s punished as a principal in the crime of misprision of treason #rt 2- nCa +ecause #rt. 2- applies only to accessories #rt 11F is the e,ception to the rule that mere silence does not ma0e a person lia+le

1spionage "reason .ot conditioned on the citi5enship of the offender Committed +oth Committed only in time of peace in time of peace and war 2ay +e /imited only to committed in levying war$ and many ways adhering to the enemy or giving aid or comfort to him "wo ways of committing: o 8y entering$ without any authority therefor$ any warship$ fort or naval or military esta+lishment or reservation to o+tain any information$ plans$ photographs or other data of confidential nature relative to the defense of the )hilippines 1lements: "hat the offender enters any of the places metioned therein "hat he has no authority therefore "hat his purpose is to o+tain information$ plans$ photographs$ or other data of confidential nature relative to the defense of the )hilippines o 8y disclosing to the representative of a foreign nation the contents of the articles$ data$ or information refered to in par.1 of #rt. 11H$ which he had in possession +y reason of the pu+lic office he holds 1lements:

#rt. 11H. 1spionage. ! "he penalty of prision correccional shall +e inflicted upon any person who: 1. ;ithout authority therefor$ enters a warship$ fort$ or naval or military esta+lishment or reservation to o+tain any information$ plans$ photographs$ or other data of a confidential nature relative to the defense of the )hilippine #rchipelago6 or 2. 8eing in possession$ +y reason of the pu+lic office he holds$ of the articles$ data$ or information referred to in the preceding paragraph$ discloses their contents to a representative of a foreign nation. "he penalty ne,t higher in degree shall +e imposed if the offender +e a pu+lic officer or employee. 1spionage: o "he offense of gathering$ transmitting$ or losing onformation respecting the national defense with intent 1spionage v. "reason

"hat the offender is a pu+lic officer "hat he has in his possession the articles$ data or information referred to in par. 1 +y reason of the pu+lic office he holds "hat he discloses the contents to a representative of a foreign nation "o +e lia+le under par. 1$ the offender must have the intention to o+tain information relative to the defense of the )hilippines o *t is not necessary that the information +e o+tained ther acts of espionage under C# F1F o &nlawfully o+taining or permitting to +e o+tained information affecting national defense o &nlawful disclosing of information affecting national defense o Aisloyal acts or words in time of peace o Aisloyal acts or words in time or war o Conspiracy to the violate the preceding sections o Bar+oring or concealing violators of law

employee$ and that of prision mayor upon any private individual$ who$ +y unlawful or unauthori5ed acts provo0es or gives occasion for a war involving or lia+le to involve the )hilippine *slands or e,poses 4ilipino citi5ens to reprisals on their persons or property. 1lements: 1. ffender performs unlawful or unauthori5ed acts6 2. Such acts provo0e or gives occasion for a war involving or lia+le to involve the )hilippine *slands or e,poses 4ilipino citi5ens to reprisals on their persons or property. intention of the offender is immaterial the crime of inciting to war or giving motives for reprisals is committed in time of peace

#rt. 113. 9iolation of neutrality. ! "he penalty of prision correccional shall +e inflicted upon anyone who$ on the occasion of a war in which the (overnment is not involved$ violates any regulation issued +y competent authority for the purpose of enforcing neutrality. 1lements: 1. there is a war in which <) is not involved 2. there is a regulation issued +y competent authority for the purpose of enforcing neutrality 3. that the offender violates such regulation .1&"<#/*":: o # nation or power which ta0es no part in a contest of arms going

Se!ti"n T#"$ % P "&"'in( #a an) )i*l"+alt+ in !a*e ", #a #rt. 11I. *nciting to war or giving motives for reprisals. ! "he penalty of reclusion temporal shall +e imposed upon any pu+lic officer or

+etween others is referred to as a neutral #rt. 12-. Correspondence with hostile country. ! #ny person who in time of war$ shall have correspondence with an enemy country or territory occupied +y enemy troops shall +e punished: 1. 8y prision correccional$ if the correspondence has +een prohi+ited +y the (overnment6 2. 8y prision mayor$ if such correspondence +e carried on in ciphers or conventional signs6 and 3. 8y reclusion temporal$ if notice or information +e given there+y which might +e useful to the enemy. *f the offender intended to aid the enemy +y giving such notice or information$ he shall suffer the penalty of reclusion temporal to death. 1lements: 1. that it is time of war and the )hilippines is involved 2. that the offender ma0es correspondence with an enemy country or territory occupied +y enemy troops 3. that the correspondence is eitherD a. prohi+ited +y the government +. carried on in ciphers or conventional designs$ or c. containing notice or information which might +e useful to the enemy correspondence o communication +e means or letters6 or it may refer to letters which pass +etween those who have friendly or +usiness relations o even it correspondence contains innocent matters$ if the correspondence is prohi+ited +y the government$ it is punisha+le

prohi+ition +y the government is not essential in pars. 2 and 3 circumstances ?ualifying the offense o the following must concur together that the notice or information +e useful to the enemy that the offender intended to aid the enemy . "1: if the offender intended to aid the enemy +y giving such notice or information$ the crime amounts to treason

#rt. 121. 4light to enemy country. ! "he penalty of arresto mayor shall +e inflicted upon any person who$ owing allegiance to the (overnment$ attempts to flee or go to an enemy country when prohi+ited +y competent authority.

1lements: 1. that there is a war in which the )hilippines is involved 2. that the offender must +e owing allegiance to the (overnment 3. that the offender attempts to flee or to go to enemy country 4. that going to enemy country is prohi+ited +y competent authority an alien resident may +e guilty of flight to enemy country *f fleeing is not prohi+ited +y the (overnment$ the crime defined in #rt 121 cannot +e committed

Se!ti"n Th ee$ % Pi a!+ an) -.tin+ "n the hi(h *ea* #rt. 122. )iracy in general and mutiny on the high seas. ! "he penalty of reclusion temporal shall +e inflicted upon any person who$ on the high seas$ shall attac0 or sei5e a vessel or$ not +eing a mem+er of its complement nor a passenger$ shall sei5e the whole or part of the cargo of said vessel$ its e?uipment$ or personal +elongings of its complement or passengers. "he same penalty shall +e inflicted in case of mutiny on the high seas.

it does not mean that the crime +e comiitted +eyond the threeD mile limit of any state. #ny waters on the sea coast which are without the +oundaries of lowD water mar0$ although such waters may +e in the 7urisdictional limits of the government.

)iracy D it is ro++ery or forci+le depredation on the high seas$ without lawful authority and done with animus furandi$ and in the spirit and intention of universal hostility D not a crime against a particular state +ut against all man0ind. it may +e punished in the competent tri+unal of any country where the offender may +e found or into which he may +e carried

"wo ways or modes of committing piracy: 1. 8y attac0ing or sei5ing vessel on the high seas or in the )hilippine waters6 2. +y sei5ing in the vessel while on the high seas or in the )hilippines waters the whole or part of its cargo$ its e?uipment or personal +elongings of its complement or passengers 1lements of piracy 1. that the vessel is on the high seas or in the )hilippine waters 2. that the offenders are not mem+ers of its complement or passengers of the vessel 3. that the offenders a. attac0 or sei5e that vessel6 or +. sei5e the whole or part of the cargo of said vessel$ its e?uipment or personal +elongings of its complement or passengersJ 2eaning of high seas

)iracy vs ro++ery on the high seas )iracy <o++ery on the high seas ffender is an ffender is a outsider mem+er of the complement or a passenger of the vessel and there is a violence against or intimidation of persons or force upon things *n +oth$ there is intent to gain and the manner of committing the crime is the same 2utiny D definition: the unlawful resistance to a superior office$ or the raising of commotions and distur+ances on +oard

D D

a ship against the authority of the commander the last paragraph of the article provides that the same penalty provided for piracy shall +e inflicted in the case of mutiny on the high seas or in the )hilippine waters usually committed +y the other mem+ers of the complement and may +e committed +y the passengers of the vessel mutiny may +e committed on the high seas or in )hilippine waters piracy v. mutiny 2utiny "he persons who attac0 the vessels are mem+ers of the crew or passengers "he offenders may only intend to ignore the ship

stunting the economic and social progress of the people6 ;B1<1#S$ such acts of depredations constitute either piracy or highway ro++eryC+rigandage which are among the highest forms of lawlessness condemned +y the penal statutes of all countries6 and$ ;B1<1#S$ it is imperative that said lawless elements +e discouraged from perpetrating such acts of depredations +y imposing heavy penalty on the offenders$ with the end in view of eliminating all o+stacles to the economic$ social$ educational and community progress of the people6 . ;$ "B1<14 <1$ *$ 41<A*.#.A 1. 2#<C S$ )resident of the )hilippines$ +y virtue of the powers vested in me +y the Constitution and pursuant to proclamation .o. 1-I1$ dated Septem+er 21$ 13H2 and .o. 11-4$ dated Eanuary 1H$ 13H3 and (eneral rder .o. 1$ dated Septem+er 22$ 13H2$ do here+y order and decree as part of the law of the land the following: Se!ti"n 4$ Title. "his Aecree shall +e 0nown as the #ntiD)iracy and #ntiDBighway <o++ery /aw of 13H4.

)iracy "he persons who attac0 the vessel or sei5e the cargo are strangers to the vessels *ntent to gain is essential in the crime of piracy

PRESIDENTIAL DECREE N"$ /01 A.(.*t 23 4567 ANTI8PIRACY AND ANTI8HIGHWAY ROBBERY LAW OF 4567 ;B1<1#S$ reports from lawDenforcement agencies reveal that lawless elements are still committing acts of depredations upon the persons and properties of innocent and defenseless inha+itants who travel from one place to another$ there+y distri+uting the peace$ order and tran?uility of the nation and

Se!ti"n 1$ Definition of Terms. "he following terms shall mean and +e understood$ as follows: a. )hilippine ;aters. *t shall refer to all +odies of water$ such as +ut not limited to$ seas$ gulfs$ +ays around$ +etween and connecting each of the *slands of the )hilippine #rchipelago$ irrespective of its depth$ +readth$ length or dimension$ and all other waters +elonging to the )hilippines +y historic or legal title$ including territorial sea$ the

seaD+ed$ the insular shelves$ and other su+marine areas over which the )hilippines has sovereignty or 7urisdiction. +. 9essel. #ny vessel or watercraft used for transport of passengers and cargo from one place to another through )hilippine ;aters. *t shall include all 0inds and types of vessels or +oats used in fishing. c. )hilippine Bighway. *t shall refer to any road$ street$ passage$ highway and +ridges or other parts thereof$ or railway or railroad within the )hilippines used +y persons$ or vehicles$ or locomotives or trains for the movement or circulation of persons or transportation of goods$ articles$ or property or +oth. d. )iracy. #ny attac0 upon or sei5ure of any vessel$ or the ta0ing away of the whole or part thereof or its cargo$ e?uipment$ or the personal +elongings of its complement or passengers$ irrespective of the value thereof$ +y means of violence against or intimidation of persons or force upon things$ committed +y any person$ including a passenger or mem+er of the complement of said vessel$ in )hilippine waters$ shall +e considered as piracy. "he offenders shall +e considered as pirates and punished as hereinafter provided. e. Bighway <o++eryC8rigandage. "he sei5ure of any person for ransom$ e,tortion or other unlawful purposes$ or the ta0ing away of the property of another +y means of violence against or intimidation of person or force upon things of other unlawful means$

committed +y any person on any )hilippine Bighway. Se!ti"n 0$ Penalties. #ny person who commits piracy or highway ro++eryC+rigandage as herein defined$ shall$ upon conviction +y competents court +e punished +y: a. )iracy. "he penalty of reclusion temporal in its medium and ma,imum periods shall +e imposed. *f physical in7uries or other crimes are committed as a result or on the occasion thereof$ the penalty of reclusion perpetua shall +e imposed. *f rape$ murder or homicide is committed as a result or on the occasion of piracy$ or when the offenders a+andoned the victims without means of saving themselves$ or when the sei5ure is accomplished +y firing upon or +oarding a vessel$ the mandatory penalty of death shall +e imposed. +. Bighway <o++eryC8rigandage. "he penalty of reclusion temporal in its minimum period shall +e imposed. *f physical in7uries or other crimes are committed during or on the occasion of the commission of ro++ery or +rigandage$ the penalty of reclusion temporal in its medium and ma,imum periods shall +e imposed. *f 0idnapping for ransom or e,tortion$ or murder or homicide$ or rape is committed as a result or on the occasion thereof$ the penalty of death shall +e imposed. Se!ti"n 7$ Aiding pirates or highway robbers/brigands or abetting piracy or highway robbery/brigandage. #ny person who 0nowingly and in any manner aids or protects pirates or highway ro++ersC+rigands$ such as giving them information a+out the movement of

police or other peace officers of the government$ or ac?uires or receives property ta0en +y such pirates or +rigands or in any manner derives any +enefit therefrom6 or any person who directly or indirectly a+ets the commission of piracy or highway ro++ery or +rigandage$ shall +e considered as an accomplice of the principal offenders and +e punished in accordance with the <ules prescri+ed +y the <evised )enal Code. *t shall +e presumed that any person who does any of the acts provided in this Section has performed 0nowingly$ unless the contrary is proven. Se!ti"n /$ Repealing Clause. )ertinent portions of #ct .o. 3I15$ otherwise 0nown as the <evised )enal Code6 and all laws$ decrees$ or orders or instructions$ or parts thereof$ insofar as they are inconsistent with this Aecree are here+y repealed or modified accordingly. Se!ti"n 9$ Effectivity. "his Aecree shall ta0e effect upon approval. Aone in the City of 2anila$ this Ith day of #ugust$ in the year of ur /ord$ nineteen hundred and seventyDfour.

insular shelves$ and other su+marine areas over which the )hilippines has sovereignty or 7urisdiction 9esselD any vessel or watercraft used for transport of passengers and cargo from one place to another through )hilippine waters. *t shall include all types of vessels or +oats used for fishing. )unishes the act of aiding in or a+eting piracy6 a person who aids or protects pirates or a+ets the commission of piracy shall +e considered as an accomplice <e?uisites: 1. 0nowingly aids or protects pirates 2. ac?uires or receives property ta0en +y such pirates$ or in any manner derives any +enefit therefrom6 3. directly or indirectly a+ets the commission of piracy under )A 532$ piracy in <) waters may +e committed even +y a passenger or mem+er of the complement of the vessel thus$ under the present laws: piracy may +e committed in <) waters or in the high seas +y any person %outsider$ passenger$ or mem+er of the complement of the vessel' mutiny may +e committed in the )hilippine waters or in the high seas +y mem+ers of the crew or passengers

NOTES: )hilippine watersD refer to all +odies of water$ such as$ +ut not limited to$ seas$ gulfs$ +ays around$ +etween and connecting each of the islands of the archipelago$ irresepective of its depth$ +readth$ length or dimension$ and all other waters +elonging to the )hilippines +y historic or legal title$ including territorial sea$ the seaD+ed$ the

#rt. 123. Kualified piracy. ! "he penalty of reclusion temporal to death shall +e imposed upon those who commit any of the crimes referred to in the preceding article$ under any of the following circumstances: 1. ;henever they have sei5ed a vessel +y +oarding or firing upon the same6 2. ;henever the pirates have a+andoned their victims without means of saving themselves6 or 3. ;henever the crime is accompanied +y murder$ homicide$ physical in7uries or rape. penalty for ?ualified piracy$ when mitigating or aggravating circumstances are present: o under #rt. F3$ in all cases in which the law prescri+es a single indivisi+le penalty$ it shall +e applied +y the courts regardless of any mitigating or aggravating circumstances that may have attended the commission of the deed ?ualified piracy is a special comple, crime$ regardless of the num+er of victims

of such doors disembarkation.

is

opened

for

*t shall li0ewise +e .nla#,.l ," an+ pe *"n t" !"-pel an ai ! a,t ", ," ei(n e(i*t + t" lan) in Philippine te it" + " t" *ei;e " .*. p the !"nt "l the e", #hile it i* #ithin the *ai) te it" +. Se!ti"n 1$ #ny person violating any provision of the foregoing section shall +e punished +y an imprisonment of not less than twelve years +ut not more than twenty years$ or +y a fine of not less than twenty thousand pesos +ut not more than forty thousand pesos. "he penalty of imprisonment of fifteen years to death$ or a fine of not less than twentyDfive thousand pesos +ut not more than fifty thousand pesos shall +e imposed upon any person committing such violation under any of the following circumstances: 1. ;henever he has fired upon the pilot$ mem+er of the crew or passenger of the aircraft6 2. ;henever he has e,ploded or attempted to e,plode any +om+ or e,plosive to destroy the aircraft6 or 3. ;henever the crime is accompanied +y murder$ homicide$ serious physical in7uries or rape. Se!ti"n 0$ *t shall +e unlawful for any person$ natural or 7uridical$ to ship$ load or carry in any passenger aircraft operating as a pu+lic utility within the )hilippines$ and e,plosive$ flamma+le$ corrosive or poisonous su+stance or material. Se!ti"n 7$ "he shipping$ loading or carrying of any su+stance or material mentioned in the

REPUBLIC ACT N"$ 910/ AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL AVIATION3 AND FOR OTHER PURPOSES$ Se!ti"n 4$ *t shall +e unlawful for an+ pe *"n to !"-pel a !han(e in the !". *e " )e*tinati"n ", an ai ! a,t ", Philippine e(i*t +$ " to *ei;e " .*. p the !"nt "l the e",3 #hile it i* in ,li(ht . An aircraft is in flight from the moment all its external doors are closed following embarkation until any

preceding section in any cargo aircraft operating as a pu+lic utility within the )hilippines shall +e in accordance with regulations issued +y the Civil #eronautics #dministration. Se!ti"n /$ #s used in this #ct %1' L1,plosiveL shall mean any su+stance$ either solid or li?uid$ mi,ture or single compound$ which +y chemical reaction li+erates heat and gas at high speed and causes tremendous pressure resulting in e,plosion. "he term shall include +ut not limited to dynamites$ firecrac0ers$ +lasting caps$ +lac0 powders$ +ursters$ percussions$ cartridges and other e,plosive materials$ e,cept +ullets for firearm. %2' L4lamma+leL is any su+stance or material that is highly com+usti+le and selfDigniting +y chemical reaction and shall include +ut not limited to acrolein$ allene$ aluminum dyethyl monochloride$ and other aluminum compounds$ ammonium chlorate and other ammonium mi,tures and other similar su+stances or materials. %3' LCorrosiveL is any su+stance or material$ either li?uid$ solid or gaseous$ which through chemical reaction wears away$ impairs or consumes any o+7ect. *t shall include +ut not limited to al0aline +attery fluid pac0ed with empty storage +attery$ allyl chloroformate$ allytrichlorosilane$ ammonium dinitroD orthocresolate and other similar materials and su+stances. %4' L)oisonousL is any su+stance or materials$ e,cept medicinal drug$ either li?uid$ solid or gaseous$ which through

chemical reactions 0ills$ in7uries or impairs a living organism or person$ and shall include +ut not limited to allyl isothiocyanate$ ammunition %chemical$ nonDe,plosive +ut containing Class #$ 8 or poison'$ aniline oil$ arsine$ +romo+en5yle cyanide$ +romoacetone and other similar su+stances or materials. Se!ti"n 9$ #ny violation of Section three hereof shall +e punisha+le +y an imprisonment of at least five years +ut not more than ten years or +y a fine of not less than ten thousand pesos +ut not more than twenty thousand pesos: Provided$ "hat if the violation is committed +y a 7uridical person$ the penalty shall +e imposed upon the manager$ representative$ director$ agent or employee who violated$ or caused$ directed$ cooperated or participated in the violation thereof: Provided$ further$ "hat in case the violation is committed in the interest of a foreign corporation legally doing +usiness in the )hilippines$ the penalty shall +e imposed upon its resident agent$ manager$ representative or director responsi+le for such violation and in addition thereto$ the license of said corporation to do +usiness in the )hilippines shall +e revo0ed. #ny violation of Section four hereof shall +e an offense punisha+le with the minimum of the penalty provided in the ne,t preceding paragraph. Se!ti"n 6$ 4or any death or in7ury to persons or damage to property resulting from a violation of Sections three and four hereof$ the person responsi+le therefor may +e held lia+le in accordance with the applica+le provisions of the <evised )enal Code.

Se!ti"n 2$ #ircraft companies which operate as pu+lic utilities or operators of aircraft which are for hire are authori5ed to open and investigate suspicious pac0ages and cargoes in the presence of the owner or shipper$ or his authori5ed representatives if present6 in order to help the authorities in the enforcement of the provisions of this #ct: Provided$ "hat if the owner$ shipper or his representative refuses to have the same opened and inspected$ the airline or air carrier is authori5ed to refuse the loading thereof. Se!ti"n 5$ 1very tic0et issued to a passenger +y the airline or air carrier concerned shall contain among others the following condition printed thereon: LBolder hereof and his handD carried luggage%s' are su+7ect to search for$ and sei5ure of$ prohi+ited materials or su+stances. Bolder refusing to +e searched shall not +e allowed to +oard the aircraft$L which shall constitute a part of the contract +etween the passenger and the air carrier. Se!ti"n 4<$ "he Civil #eronautics #dministration is here+y directed to promulgate within one month after the approval of this #ct such regulations as are provided in Section four hereof and cause the pu+lication of such rules and regulations in the fficial (a5ette and in a newspaper of national circulation for at least once a wee0 for three consecutive wee0s. Such regulations shall ta0e effect fifteen days after pu+lication in the fficial (a5ette. Se!ti"n 44$ "his #ct shall ta0e effect after the pu+lication mentioned in the preceding section. #pproved: Eune 13$ 13H1

a!t* p.ni*he): 1. to compel a change in the course or destination of an aircraft of )hilippine registry$ or to sei5e or usurp the control thereof$ while it is in flight6 D note: when the aircraft is not in flight$ the usurpation or sei5ure of the aircraft may amount to coercion or threat

2. to compel an aircraft of foreign registry to land in )hilippine territory or to sei5e or usurp the control thereof while it is within the said territory. #ggravating circumstances for acts 1 and 2 a. when the offender has fired upon the pilot$ mem+er of the crew$ or passenger of the aircraft +. when the offender has e,ploded or attempted to e,plode any +om+ or e,plosive to destroy the aircraft c. whenever the crime is accompanied +y murder$ homicide$ serious physical in7uries or rape

3. ship$ load or carry in any passenger aircraft operating as a pu+lic utility within the )hilippines$ and e,plosive$ flamma+le$ corrosive or poisonous su+stance or material. 4. "he shipping$ loading or carrying of any su+stance or material mentioned in the preceding section in any cargo aircraft operating as a pu+lic utility within the )hilippines if not done in accordance with regulations issued +y the Civil #eronautics #dministration. -eanin( ", =ai ! a,t in ,li(ht>

NOTES:

o from the moment all e,terior doors are closed following em+ar0ation until the same doors are again opened for disem+ar0ation. TITLE TWO: CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE 1. #r+itrary detention %124' 2. Aelay in the delivery of detained persons to the proper 7udicial authorities %125' 3. Aelaying release %12F' 4. 1,pulsion %12H' 5. 9iolation of domicile %12I' F. Search warrants maliciously o+tained and a+use in the service of those legally o+tained %123' H. Searching domicile without witness %13-' I. )rohi+ition$ interruption$ and dissolution of peaceful meetings %131' 3. *nterruption of religious worship %132' 1-. ffending of religious feelings %133' 417$ ARBITRARY DETENTION 1lements: 1. ffender M pu+lic officer or employee 2. ffender M detains a person 3. Aetention M without legal grounds GG )u+lic officers lia+le M must +e vested with authority to detain or order the detention of persons accused of a crime6 i.e. policemen$ 7udges$ mayor. GG "here is detention when he is placed in a confinement or there is a restraint on his person M even if hr could move freely$ as long as he could not escape for fear of +eing apprehended again. /egal grounds for the detention of a person:

1. Commission of a crime 2. 9iolent insanity or other ailment re?uiring compulsory confinement of the patient in a hospital. GG #rrest without warrant us the usual cause of ar+itrary detention. ;arrantless arrest: 1. ;hen in the presence of a peace officer or a private person$ the person to +e arrested has committed$ is actually committing$ or is attempting to commit an offense6 2. ;hen an offense has in fact 7ust +een committed$ and he has pro+a+le cause to +elieve +ased on personal 0nowledge of facts and circumstances that the person to +e arrested has committed it6 3. ;hen the person to +e arrested is a prisoner who has escaped from a penal esta+lishment or place where he is serving final 7udgment or temporarily confined while his case is pending$ or has escaped while +eing transferred from one confinement to another. GG *t can +e committed thru imprudence.

41/$ DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER ?UDICIAL AUTHORITIES 1lements: 1. ffender M pu+lic officer or employee 2. ffender M detained a person for some legal grounds 3. ffender M fails to deliver person to proper 7udicial authorities within: 12 hours M offenses of light penalty 1I hours M offenses of correctional penalty

3F hours M offenses of afflictive or capital penalty GG #pplies only to legal warrantless arrest M if the arrest was made with warrant$ the person arrested can +e detained indefinitely until his case is decided +y the court or he posts a +ail for temporary release. GG <eason for provision M it is intended to prevent any a+use resulting from confining a person without informing him of his offense and without permitting him to go on +ail. 419$ DELAYING RELEASE 1lements: 1. ffender M pu+lic officer or employee 2. "here is a M %a' 7udicialCe,ecutive order for prisoners release %+' proceeding upon a petition for prisoners li+eration 3. ffender$ without good reason$ delays M %a' service of the notice of such order to the prisoner %+' performance of such EC1 order for release %c' proceedings upon a petition of a petitioners li+eration %writ of ha+eas corpus' GG ;ardens and 7ailers are the pu+lic officers most li0ely to violate article 12F.

GG nly the court +y a final 7udgment can order a person to change his residence. "his can +e +y e7ectment proceedings$ e,propriation proceedings$ and the penalty of destierro.

412$ VIOLATION OF DOMICILE 1lements: 1. ffender M pu+lic officer or employee 2. ffender M not authori5ed +y 7udicial order to enter the dwelling andCor to ma0e a search therein for papers and other effects 3. Aoes any of the following acts: a. entered a dwelling against the will of the owner thereof6 +. searched papers or other effects found therein without previous consent of such owner6 c. refused to leave the premises after having surreptitiously %secretly' entered said dwelling and having +een re?uired to leave the same. GG #gainst the will of the owner M - there should +e )) S*"* . or )< B*8*"* .$ e,pressed or implied - no crime committed if entrance is merely without consent of the owner. GG not +eing authori5ed +y 7udicial order - pu+lic officer has no search warrant GG Kualifying circumstances: 1. nighttime 2. papersCeffects not constituting evidence of a crime are not returned immediately after the search made +y the offender

416$ E@PULSION 1lements: 1. ffender M pu+lic officer or employee 2. ffender M e,pels any person from the )hilippines or compels a person to change residence 3. ffender M not authori5ed +y law to do so.

415$ SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED )rocuring a search warrant without 7ust cause 1lements: 1. ffender M pu+lic officer or employee 2. ffender M procures a search warrant 3. "here is no 7ust cause )roperties to +e sei5ed: 1. Su+7ect of the offense 2. Stolen or em+e55led and other proceeds or fruits of the offense 3. &sed or intended to +e used as the means of committing an offense <e?uisites for issuing search warrant: 1. )ro+a+le cause M connected with one specific offense$ determined personally +y the 7udge after e,amination under oath or affirmation of the complainant and the witnesses he may produce 2. )articularly descri+ing the place to +e searched or the person of place to +e sei5ed$ which may +e anywhere in the )hilippines GG # search warrant shall +e valid for 1- days from its date. "hereafter$ it shall +e void. GG )ro+a+le cause M facts and circumstances which would lead a reasona+ly discreet and prudent man to +elieve that an offense has +een committed$ and that the o+7ect sought in connection with the offense are in the place sought to +e searched. GG )eace officers may enter the house of an offender who committed an offense in their presence.

1,ceeding authority or using unnecessary severity in e,ecuting a search warrant legally procured 1lements: 1. ffender M pu+lic officer or employee 2. Be has legally procured a search warrant 3. Be e,ceeds his authority or uses unnecessary severity in using the same.

40<$ SEARCHING DOMICILE WITHOUT WITNESSES 1lements: 1. ffender M pu+lic officer or employee 2. ffender M armed with search warrant legally procured 3. ffender M searches the domicile$ papers or other +elongings of any person 4. wner or any mem+er of his family or two witnesses residing in the same locality are not present

404$ PROHIBITION3 INTERRUPTION3 AND DISSOLUTION OF PEACEFUL MEETINGS 1lements: 1. ffender M pu+lic officer or employee 2. Commits any of the following: a. )rohi+iting or interrupting$ without legal ground$ the holding of a peaceful meeting$ or +y dissolving the same6 +. Bindering any person from 7oining any lawful association or from attending any of its meetings6 c. )rohi+iting or hindering any person from addressing$ either alone or together with others$ any petition

to the authorities for the correction of a+uses or redress of grievances. GG Clear and present danger M to 7ustify suppression of free speech$ there must +e reasona+le ground to +elieve that the danger apprehended is *22*.1." and that the evil to +e prevented is a serious one. GG "he offender should +e a stranger$ and not a participant of the peaceful meeting.

economic or social6 or petiti"nin( the ("&e n-ent ," e) e** ", ( ie&an!e*$ "he processions$ rallies$ parades$ demonstrations$ pu+lic meetings and assem+lages for religious purposes shall +e governed +y local ordinances: )rovided$ however$ "hat the declaration of policy as provided in Section 2 of this #ct shall +e faithfully o+served. "he )e,initi"n herein contained shall n"t in!l.)e pi!'etin( an) "the !"n!e te) a!ti"n in *t i'e a ea* A+ #" 'e * an) e-pl"+ee* e*.ltin( , "- a laA" )i*p.te as defined +y the /a+or Code$ its implementing rules and regulations$ and +y the 8atas )am+ansa 8ilang 22H. %+' LP.Ali! pla!eC shall include any highway$ +oulevard$ avenue$ road$ street$ +ridge or other thoroughfare$ par0$ pla5a$ s?uare$ andCor any open space of pu+lic ownership where the people are allowed access. %c' CMaBi-.- t"le an!eL means the hi(he*t )e( ee ", e*t aint that the -ilita +3 p"li!e an) "the pea!e 'eepin( a.th" itie* *hall "A*e &e ). in( a p.Ali! a**e-Al+ " in the )i*pe *al ", the *a-e$ %d' L2odification of permitL shall include the change of the place and time of the pu+lic assem+ly$ rerouting of the parade or street march$ the volume of loudD spea0ers or sound system and similar changes. Se!ti"n 7$ Permit when re uired and when not re uired D # # itten pe -it shall +e eD.i e)

AN ACT ENSURING THE FREE E@ERCISE BY THE PEOPLE OF THEIR RIGHT PEACEABLY TO ASSEMBLE AND PETITION THE GOVERNMENT FOR OTHER PURPOSES

Se!ti"n 4$ Title D "his #ct shall +e 0nown as L"he )u+lic #ssem+ly #ct of 13I5.L Se!ti"n 1$ Declaration of policy D "he constitutional right of the people peacea+ly to assem+le and petition the government for redress of grievances is essential and vital to the strength and sta+ility of the State. "o this end$ the State shall ensure the free e,ercise of such right without pre7udice to the rights of others to life$ li+erty and e?ual protection of the law. Se!ti"n 0$ Definition of terms D 4or purposes of this #ct: %a' L)u+lic assem+lyL means any ally$ )emonstration$ -arch$ parade$ procession or any "ther form of mass or concerted action held in a p.Ali! pla!e for the p. p"*e ", p e*entin( a la#,.l !a.*e6 or eBp e**in( an "pini"n t" the (ene al p.Ali! on any particular issue6 or p "te*tin( " in,l.en!in( an+ *tate ", a,,ai * whether political$

for any person or persons to organi5e and hold a p.Ali! a**e-Al+ in a p.Ali! pla!e. Bowever$ n" pe -it shall +e re?uired if the p.Ali! a**e-Al+ shall +e d"ne " -a)e in a , ee)"- pa ' ).l+ e*taAli*he) A+ la# " " )inan!e " in p i&ate p "pe t+ $ in which case only the consent of the owner or the one entitled to its legal possession is re?uired$ " in the !a-p.* ", a ("&e n-ent8"#ne) an) "pe ate) e).!ati"nal in*tit.ti"n which shall +e su+7ect to the rules and regulations of said educational institution. P"liti!al -eetin(* " allie* hel) ). in( an+ ele!ti"n !a-pai(n pe i") a* p "&i)e) ," A+ la# a e n"t !"&e e) A+ thi* A!t$ Se!ti"n /$ Application re uirements D #ll applications for a permit shall comply with the following guidelines: %a' "he appli!ati"n* *hall Ae in # itin( and shall include the names of the leaders or organi5ers6 the purpose of such pu+lic assem+ly6 the date$ time and duration thereof$ and place or streets to +e used for the intended activity6 and the pro+a+le num+er of persons participating$ the transport and the pu+lic address systems to +e used. %+' "he application shall incorporate the duty and responsi+ility of applicant under Section I hereof. %c' "he application shall Ae ,ile) #ith the ",,i!e ", the -a+" ", the !it+ " -.ni!ipalit+ in #h"*e E. i*)i!ti"n the inten)e) a!ti&it+ i* t" Ae hel)3 at lea*t ,i&e F/G #" 'in( )a+* Ae," e the *!he).le) p.Ali! a**e-Al+$ %d' &pon receipt of the application$ which must +e duly ac0nowledged in writing$ the office of the city or municipal

mayor shall cause the same to immediately +e posted at a conspicuous place in the city or municipal +uilding. Se!ti"n 9$ Action to be ta!en on the application D %a' *t shall +e the duty of the mayor or any official acting in his +ehalf to issue or grant a permit unless there is clear and convincing evidence that the pu+lic assem+ly will create a clear and present danger to pu+lic order$ pu+lic safety$ pu+lic convenience$ pu+lic morals or pu+lic health. %+' "he -a+" " an+ ",,i!ial a!tin( in hi* Aehal, *hall a!t "n the appli!ati"n #ithin t#" F1G #" 'in( )a+* , "- the )ate the appli!ati"n #a* ,ile)$ ,ailin( #hi!h3 the pe -it *hall Ae )ee-e) ( ante). Should for any reason the mayor or any official acting in his +ehalf refuse to accept the application for a permit$ said application shall +e posted +y the applicant on the premises of the office of the mayor and shall +e deemed to have +een filed. %c' *f the mayor is of the view that there is imminent and grave danger of a su+stantive evil warranting the denial or modification of the permit$ he shall immediately inform the applicant who must +e heard on the matter. %d' "he a!ti"n on the permit shall +e in # itin( an) *e &e) "n the appli!ati"n #ithin t#ent+8,". h". *$ %e' *f the mayor or any official acting in his +ehalf )enie* the appli!ati"n " -")i,ie* the te -* thereof in his permit$ the appli!ant -a+ !"nte*t the

)e!i*i"n in an app "p iate !". t ", la#$ %f' *n case s.it i* A ".(ht Ae," e the Met "p"litan T ial C". t3 the M.ni!ipal T ial C". t3 the M.ni!ipal Ci !.it T ial C". t3 the Re(i"nal T ial C". t3 " the Inte -e)iate Appellate C". t3 it* )e!i*i"n* -a+ Ae appeale) t" the app "p iate !". t #ithin ," t+8 ei(ht F72G h". * a,te e!eipt ", the *a-e. .o appeal +ond and record on appeal shall +e re?uired. # decision granting such permit or modifying it in terms satisfactory to the applicant shall$ +e immediately e,ecutory. %g' #ll !a*e* ,ile) in !". t under this Section *hall Ae )e!i)e) #ithin t#ent+8,". F17G h". * , "- )ate ", ,ilin($ Cases filed hereunder shall +e immediately endorsed to the e,ecutive 7udge for disposition or$ in his a+sence$ to the ne,t in ran0. %h' *n all cases$ any decision may +e appealed to the Supreme Court. %i' "elegraphic appeals to +e followed +y formal appeals are here+y allowed. Se!ti"n 6$ "se of public thoroughfare D Should the proposed pu+lic assem+ly involve the use$ for an apprecia+le length of time$ of any pu+lic highway$ +oulevard$ avenue$ road or street$ the mayor or any official acting in his +ehalf may$ to prevent grave pu+lic inconvenience$ designate the route thereof which is convenient to the participants or reroute the vehicular traffic to another direction so that there will +e no serious or undue interference with the free flow of commerce and trade.

Se!ti"n 2$ Responsibility of applicant D *t shall +e the duty and responsi+ility of the leaders and organi5ers of a pu+lic assem+ly to ta0e all reasona+le measures and steps to the end that the intended pu+lic assem+ly shall +e conducted peacefully in accordance with the terms of the permit. "hese shall include +ut not +e limited to the following: %a' "o inform the participants of their responsi+ility under the permit6 %+' "o police the ran0s of the demonstrators in order to prevent nonD demonstrators from disrupting the lawful activities of the pu+lic assem+ly6 %c' "o confer with local government officials concerned and law enforcers to the end that the pu+lic assem+ly may +e held peacefully6 %d' "o see to it that the pu+lic assem+ly underta0en shall not go +eyond the time stated in the permit6 and %e' "o ta0e 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 pu+lic assem+ly. Se!ti"n 5$ #on$interference by law enforcement authorities D La# en," !e-ent a(en!ie* *hall n"t inte ,e e #ith the h"l)in( ", a p.Ali! a**e-Al+$ Bowever$ to ade?uately ensure pu+lic safety$ a law enforcement contingent under the command of a responsi+le police officer -a+ Ae )etaile) an) *tati"ne) in a pla!e at lea*t "ne h.n) e) F4<<G -ete a#a+ , "- the a ea ", a!ti&it+ ea)+ t" -aintain pea!e an) " )e at all ti-e*$

Se!ti"n 4<$ Police assistance when re uested D *t shall +e imperative for law enforcement agencies$ when their assistance is re?uested +y the leaders or organi5ers$ to perform their duties always mindful that their responsi+ility to provide proper protection to those e,ercising their right peacea+ly to assem+le and the freedom of e,pression is primordial. "owards this end$ law enforcement agencies shall o+serve the following guidelines: %a' 2em+ers of the law enforcement contingent who deal with the demonstrators shall +e in complete uniform with their nameplates and units to which they +elong displayed prominently on the front and dorsal parts of their uniform and must o+serve the policy of Lma,imum toleranceL as herein defined6 %+' "he mem+ers of the law enforcement contingent shall not carry any 0ind of firearms +ut may +e e?uipped with +aton or riot stic0s$ shields$ crash helmets with visor$ gas mas0s$ +oots or an0le high shoes with shin guards6 %c' "ear gas$ smo0e grenades$ water cannons$ or any similar antiDriot device shall not +e used unless the pu+lic assem+ly is attended +y actual violence or serious threats of violence$ or deli+erate destruction of property. Se!ti"n 44$ Dispersal of public assembly with permit D N" p.Ali! a**e-Al+ #ith a pe -it *hall Ae )i*pe *e)$ H"#e&e $ when an a**e-Al+ Ae!"-e* &i"lent3 the p"li!e -a+ )i*pe *e *.!h p.Ali! a**e-Al+ a* ,"ll"#*: %a' #t the first *i(n ", i-pen)in( &i"len!e$ the ran0ing officer of the law

enforcement contingent shall !all the attenti"n ", the lea)e * ", the p.Ali! a**e-Al+ an) a*' the latte t" p e&ent an+ p"**iAle )i*t. Aan!e6 %+' *f a!t.al &i"len!e *ta t* t" a p"int #he e "!'* " "the ha -,.l "AEe!t* , "- the pa ti!ipant* a e th "#n at the p"li!e " at the n"n8pa ti!ipant*3 " at an+ p "pe t+ !a.*in( )a-a(e t" *.!h p "pe t+$ the an'in( ",,i!e ", the la# en," !e-ent !"ntin(ent *hall a.)iAl+ #a n the pa ti!ipant* that i, the )i*t. Aan!e pe *i*t*3 the p.Ali! a**e-Al+ #ill Ae )i*pe *e)6 %c' *f the &i"len!e " )i*t. Aan!e* p e&ailin( a* *tate) in the p e!e)in( *.Apa a( aph *h".l) n"t *t"p " aAate$ the ran0ing officer of the law enforcement contingent shall a.)iAl+ i**.e a #a nin( t" the pa ti!ipant* ", the p.Ali! a**e-Al+3 an) a,te all"#in( a ea*"naAle pe i") ", ti-e t" lap*e3 *hall i--e)iatel+ " )e it t" ," th#ith )i*pe *e6 %d' N" a e*t ", an+ lea)e 3 " (ani;e " pa ti!ipant *hall al*" Ae -a)e ). in( the p.Ali! a**e-Al+ .nle** he &i"late* ). in( the a**e-Al+ a la#3 *tat.te3 " )inan!e " an+ p "&i*i"n ", thi* A!t$ Such arrest shall +e governed +y #rticle 125 of the <evised )enal Code$ as amended: FeG I*"late) a!t* " in!i)ent* ", )i*" )e " A an!h ", the pea!e ). in( the p.Ali! a**e-Al+ *hall n"t !"n*tit.te a ( ".p ," )i*pe *al. Se!ti"n 41$ Dispersal of public assembly without permit D ;hen the pu+lic assem+ly is held without a permit where a permit is

re?uired$ the said pu+lic assem+ly may +e pea!e,.ll+ )i*pe *e)$ Se!ti"n 40$ Prohibited acts D "he following shall constitute violations of this #ct: %a' "he holding of any pu+lic assem+ly as defined in this #ct +y any leader or organi5er without having first secured that written permit where a permit is re?uired from the office concerned$ or the use of such permit for such purposes in any place other than those set out in said permit: P "&i)e)$ however$ "hat no person can +e punished or held criminally lia+le for participating in or attending an otherwise peaceful assem+ly6 %+' #r+itrary and un7ustified denial or modification of a permit in violation of the provisions of this #ct +y the mayor or any other official acting in his +ehalf. %c' "he un7ustified and ar+itrary refusal to accept or ac0nowledge receipt of the application for a permit +y the mayor or any official acting in his +ehalf6 %d' +structing$ impeding$ disrupting or otherwise denying the e,ercise of the right to peaceful assem+ly6 %e' "he unnecessary firing of firearms +y a mem+er of any law enforcement agency or any person to disperse the pu+lic assem+ly6 %f' #cts in violation of Section 1- hereof6 %g' #cts descri+ed hereunder if committed within one hundred %1--' meters from the area of activity of the

pu+lic assem+ly or on the occasion thereof6 1. the carrying of a deadly or offensive weapon or device such as firearm$ pill+o,$ +om+$ and the li0e6 2. the carrying of a +laded weapon and the li0e6 3 the malicious +urning of any o+7ect in the streets or thoroughfares6 4. the carrying of firearms +y mem+ers of the law enforcement unit6 5. the interfering with or intentionally distur+ing the holding of a pu+lic assem+ly +y the use of a motor vehicle$ its horns and loud sound systems. Se!ti"n 47$ Penalties D #ny person found guilty and convicted of any of the prohi+ited acts defined in the immediately preceding Section shall +e punished as follows: %a' violation of su+paragraph %a' shall +e punished +y imprisonment of one month and one day to si, months6 %+' violations of su+paragraphs %+'$ %c'$ %d'$ %e'$ %f'$ and item 4$ su+paragraph %g' shall +e punished +y imprisonment of si, months and one day to si, years6 %c' violation of item 1$ su+paragraph %g' shall +e punished +y imprisonment of si, months and one day to si, years without pre7udice to prosecution under )residential Aecree .o. 1IFF6

%d' violations of item 2$ item 3$ or item 5 of su+paragraph %g' shall +e punished +y imprisonment of one day to thirty days. Se!ti"n 4/$ %reedom par!s D 1very city and municipality in the country shall within si, months after the effectivity of this #ct esta+lish or designate at least one suita+le Lfreedom par0L or mall in their respective 7urisdictions which$ as far as practica+le$ shall +e centrally located within the po+lacion where demonstrations and meetings may +e held at any time without the need of any prior permit. *n the cities and municipalities of 2etropolitan 2anila$ the respective mayors shall esta+lish the freedom par0s within the period of si, months from the effectivity of this #ct. Se!ti"n 49$ Constitutionality D Should any provision of this #ct +e declared invalid or unconstitutional$ the validity or constitutionality of the other provisions shall not +e affected there+y. Se!ti"n 46$ Repealing clause D #ll laws$ decrees$ letters of instructions$ resolutions$ orders$ ordinances or parts thereof which are inconsistent with the provisions of this #ct are here+y repealed$ amended$ or modified accordingly. Se!ti"n 42$ Effectivity D "his #ct shall ta0e effect upon its approval. #pproved$ cto+er 22$ 13I5.

2. <eligious ceremonies or manifestations of any religion are a+out to ta0e place or going on 3. ffender M prevents or distur+s the same GG <eligious acts performed anywhere GG Kualified if committed with violence or threats

400$ OFFENDING OF RELIGIOUS FEELINGS 1lements: 1. ffender M anyone 2. #ct complained is performed M %a' in a place devoted to religious worship$ or %+' during the cele+ration of any religious ceremony 3. #ct must +e notoriously offensive to the feelings of the faithful GG "here must +e deli+erate intent to hurt the feelings of the faithful GG ffense to feelings is 7udged from the complainants pointDofDview GG the =religious ceremony> need not +e cele+rated in a place of worship GGreligious ceremoniesD those religious acts per formed outside of a church$ such as processions and special prayers for +urying dead persons 9* /#"* .S *. C .S"*"&"* .: 1. #rts. 124$ 125$ and 12F D Sec. 1$ #rt. 3: <ight to li+erty 2. #rt. 12H D Sec. F$ #rt. 3: /i+erty of a+ode 3. #rts. 12I$ 123$ and 13- D Sec. 2$ #rt. 3: <ight against unreasona+le searches and sei5ures 4. #rt. 131 D Sec. 4$ #rt. 3: 4reedom of speech$ e,pression$ and press$ assem+ly and redress of grievances

401$ INTERRUPTION WORSHIP

OF

RELIGIOUS

1lements: 1. ffender M pu+lic officer or employee

5. #rts. 132 and 133 D Sec. 5$ #rt. 3: 4reedom of religion

23. 1vasion on occasion of disorders %15I' 24. 9iolation of conditional pardon %153' 25. Commission of another crime during service of penalty imposed for another previous offense %1F-'

TITLE THREE: CRIMES AGAINST PUBLIC ORDER 1. <e+ellion or insurrection %134' 2. Coup detat %134D#' 3. Conspiracy and proposal to commit coup detat$ re+ellion or insurrection %13F' 4. Aisloyalty of pu+lic officers or employees %13H' 5. *nciting to re+ellion %13I' F. Sedition%133' H. Conspiracy to commit sedition %141' I. *nciting to sedition %142' 3. #cts tending to prevent the meeting of Congress and similar +odies %143' 1-. Aistur+ance of proceedings of Congress or similar +odies %144' 11. 9iolation of parliamentary immunity %145' 12. *llegal assem+lies %14F' 13. *llegal association %14H' 14. Airect assaults %14I' 15. *ndirect assaults %143' 1F. Aiso+edience to summons issued +y Congress$ its committees$ etc.$ +y the constitutional commission$ its committees$ etc. %15-' 1H. <esistance and diso+edience to a person in authority or the agents of such person %151' 1I. "umults and other distur+ances of pu+lic order %153' 13. &nlawful use of means of pu+lication and unlawful utterances %154' 2-. #larms and scandals %155' 21. Aelivering prisoners from 7ails %15F' 22. 1vasion of service of sentence %15H'

CHAPTER ONE REBELLION3 COUP DHETAT3 SEDITION an) DISLOYALTY

407$ REBELLION OR INSURRECTION 1lements: 1. "here is %a' pu+lic uprising and %+' ta0ing arms against the government. 2. )urpose of uprising or movement: a. to e-"&e , "- the alle(ian!e t" *ai) ("&e n-ent " it* la#* M %1' the territory of the )hilippines or any part thereof6 or %2' any +ody of land$ naval or armed forces6 or +. t" )ep i&e the Chie, EBe!.ti&e " C"n( e**3 #h"ll+ " pa tiall+ ", an+ ", thei p"#e * " p e "(ati&e*$ <e+ellion M its o+7ect is completely to overthrow and supersede the e,isting government. *nsurrection M a movement which see0s merely to effect some change of minor importance$ or to prevent the e,ercise of governmental authority with respect to a particular matter or su+7ect.

GG )urpose of the uprising must +e shown. GG nature of the crime: a crime of the masses$ or of a mutitude GG *t is not necessary that the purpose of the re+ellion +e accomplished M if they are successful$ they get to hold the government6 they will not sue their own selves. T ea*"n ReAelli"n /evying of war /evying of war against the against the government$ government for performed to aid reasons: remove the enemy6 from allegiance to government and deprive president and congress of any of their powers6 2ay +e committed Al#a+* in&"l&e* +y mere ta'in( .p a -* adherence to F.p i*in(G a(ain*t adherence to the the ("&e n-entI enemy giving him aid or comfort6 Can +e committed 2ultitudeC crime of +y an individual6 masses. Crime against Crime against national security pu+lic order

communication networ0s$ pu+lic utilities$ or other facilities needed for the e,ercise and continued possession of power6 4. )urpose of attac0 M t" *ei;eJ)i-ini*h *tate p"#e GG may +e committed with or without civilian participation

40/$ PERSONS LIABLE FOR REBELLION3 INSURRECTION3 AND COUP DHETAT /eaders 1. #ny person who promotes$ maintains$ or heads a re+ellion or insurrection6 2. #ny person who leads$ directs or commands others to underta0e a coup detat.

;ho shall +e deemed the leader in case he is un0nown@ GG any person who in fact )i e!te) the others$ *p"'e for them$ *i(ne) e!eipt* an) "the )"!.-ent* i**.e) in thei na-e$ as performed *i-ila a!t*$ on +ehalf or the re+els shall +e deemed a leader of such a re+ellion$ insurrection$ or coup d&etat. )articipants 1. #ny person who participates or e,ecutes the commands of others in a re+ellion or insurrection6 2. #ny person *. "B1 ( 91<.21." who participates or e,ecutes the commands of others in a coup detat6 3. #ny person . " in the government service who participates$ supports$ finances$ a+ets$ or aids in underta0ing a coup detat.

4078A$ COUP DHETAT 1lements: 1. ffender M personCs +elonging to the military or police holding any pu+lic office or employment6 2. Committed M *#i,t atta!' a!!"-panie) A+ &i"len!e3 inti-i)ati"n3 th eat3 *t ate(+ " *tealth6 3. #ttac0 M directed against duly constituted authorities of the )hilippines or any military camp or installation$

GG 2ere silence or omission is not punisha+le in re+ellion6 the pu+lic officer must ta0e active part to +e lia+le GG .o comple, crime of re+ellion M Bernande5 <uling ther crimes committed as a means to$ or$ in furtherance of re+ellion are a+sor+ed in the crime. - *f other crimes were committed for private purposeCprofit$ without any political motivation$ would +e separately punished and would not +e a+sor+ed in re+ellion. GG if the crimes are committed for private purposes or for profit$ without any political motivation$ the crime would +e separately punished and will not +e a+sor+ed in the re+ellion. "he crime will +e separately punished.

1lements: 1. ffender M pu+lic officer or employee 2. ffender M must not +e in conspiracy with the re+els 3. Aoes any of the following acts: a. 4ailing to resist re+ellion +y al the means in their power6 +. Continuing to discharge the duties of their offices under the control of the re+els6 c. #ccepting appointment to office under them. GG offender must +e a pu+lic officer or employee GG crime presupposes the e,istence of re+ellion +y other persons GG ",,en)e .n)e thi* a ti!le -.*t n"t Ae in !"n*pi a!+ #ith the eAel*

409$ CONSPIRACY AND PROPOSAL TO COMMIT COUP DHETAT3 REBELLION OR INSURRECTION GG "here is conspiracy to commit re+ellion when two or more persons come to an agreement to rise pu+licly and ta0e arms against the government for any purpose of re+ellion and decide to commit it. GG "here is proposal to commit re+ellion when the person who has decided to rise pu+licly and ta0e arms against the government for any of the purposes of re+ellion proposes it e,ecution to some other person or persons.

402$ INCITING TO REBELLION OR INSURRECTION 1lements: 1. ffender M )"e* n"t ta'e a -* " i* n"t in "pen h"*tilit+ a(ain*t the ("&e n-entI 2. ffender M in!ite* "the * to rise pu+licly and ta0e arms against the government for the purposes of re+ellion 3. Aone +y means of *peeches$ proclamations$ #ritings$ em+lems$ Aanners$ or "ther representations tending to the same end.

406$ DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES

In!itin( t" eAelli"n

P "p"*al t" !"--it eAelli"n

.ot re?uired that the offender has decided to commit re+ellion6 "he act of inciting is done )&8/*C/:6

"he person who proposes has decided to commit re+ellion6 "he person who proposes the e,ecution of the crime uses S1C<1" 21#.S.

.ational (overnment of all its property or any part thereof. Se)iti"n )u+lic uprising tumultuous ReAelli"n M "a0ing up of arms against the government P. p"*e -a+ Ae P. p"*e i* al#a+* p"liti!al " *"!ial p"liti!al Common crimes not Common crimes are a+sor+ed a+sor+ed )roposal is not )roposal is punished punished +7ects M raising of +7ects: purpose of commotions or ta0ing arms against distur+ances in the government6 state6 %remove from %5 o+7ects of sedition' allegiance and deprive e,ec. and legis. of freely e,ercising their powers' ffended party M ffended party M state government$ pu+lic as a whole officers or employees$ private persons and social class GG sedition cannot +e committed +y only one person

GG the re+ellion should not +e committed

405$ SEDITION 1lements: 1. ffenders M rise p.Ali!l+ an) t.-.lt.".*l+I 2. ffenders M e-pl"+ F" !e3 Inti-i)ati"n3 " "the -ean* ".t*i)e ", le(al -eth")*I 0$ OAEe!t*: a. "o prevent the promulgation or e,ecution of any law of the holding of any popular election6 +. "o prevent the .ational (overnment$ or any provincial or municipal government$ or any pu+lic officer thereof from freely e,ercising its or his functions$ or prevent the e,ecution of any administrative order6 c. "o inflict any act of hate or revenge upon the person or property of any pu+lic officer or employee6 d. "o commit$ for any political or social end$ any act of hate or revenge against private persons or any social class6 and e. "o despoil$ for any political or social end$ any person$ municipality or province$ or the

47<$ PERSONS LIABLE 1. "he leader of the sedition6 and 2. ther persons participating sedition

in

the

474$ CONSPIRACY TO COMMIT SEDITION

GG "here must +e an agreement and a decision to rise pu+licly and tumultuously to attain any of the o+7ects of sedition. GG )roposal punisha+le. to commit sedition is not

against the constituted authorities. *ts purpose is to punish utterances which may endanger pu+lic order. Scurrilous M low$ vulgar$ mean$ or foul. "wo rules relative to seditious words:

471$ INCITING TO SEDITION 1lements: 1. ffender M does not ta0e direct part in the crime of sedition 2. ffender M in!ite* others to the accomplishment of any of the acts which constitute sedition 3. 8y means of speeches$ proclamations$ writings$ em+lems$ cartoons$ +anners$ or other representations tending to the same end M 4. or .tte *e)iti".* #" )* " *pee!he* $ # ite3 p.Ali*h " !i !.late *!. il".* liAel* against the government of the )hilippines$ or any of the duly constituted authorities thereof6 a. or which tend to distur+ or o+struct any lawful officer in e,ecuting the functions of his office6 +. or which tend to instigate others to ca+al and meet together for unlawful purposes c. or which suggest or incite re+ellious conspiracies or riots6 d. or which lead or tend to stir up the people against unlawful authorities or to distur+ the peace of the community$ safety and order of the government6 5. or who shall 0nowingly conceal such evil practices. GG *t is not necessary that the words used should in fact result in a rising of people

1. "he clear and present danger rule a. danger of a pu+lic uprising M danger should +e clear and imminent +. there must +e reasona+le ground to +elieve that the danger apprehended is imminent$ and the evil sought to +e prevented is a serious one. M pro+a+ility of serious in7ury 2. "he dangerous tendency rule a. words used tend to create a danger of pu+lic uprising6 +. when the words uttered or pu+lished could easily produce dissatisfaction among the people and a state of feeling in them incompati+le with a disposition to remain loyal to the government and o+edient to laws GG the use of words$ em+lems$ etc.$ not the performance of act$ is punished in inciting to sedition GG reason why seditious utterances are punisha+le: the legislature has authority to for+id the advocacy of a doctrine designed and intended to overthrow the (overnment without waiting until there is a present and immediate danger of the success of the plan advocated.

CHAPTER TWO

CRIMES AGAINST POPULAR REPRESENTATION

470$ ACTS TENDING TO PREVENT THE MEETING OF THE ASSEMBLY AND SIMILAR BODIES 1lements: 1. "here is a pro7ected or actual meeting of congress or any of its committees$ constitutional commission$ committees$ or division$ or any provincial +oard$ city$ municipality$ council or +oard6 2. ffender M any person that prevents the meeting +y force or fraud.

1lements: 1. ffender M uses force$ intimidation$ threats$ fraud 2. )urpose M prevent any mem+er of the congress to: a. attend the meeting of the congress or any of its committees or constitutional commissions6 +. e,press his opinions6 c. cast his vote. #rresting or searching any mem+er while in session 1lements: 1. ffender M pu+lic officer or employee 2. ffender M arrests or searches any mem+er 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 punisha+le under <)C +y a penalty of prision mayor %Fy$ 1d M 12y' or higher GG )arliamentary immunity does not protect mem+ers of the Congress from responsi+ility +efore the legislative +ody itself.

477$ DISTURBANCE OF PROCEEDINGS 1lements: 1. 2eeting M congress or any of its committees$ su+committees$ divisions$ provincial +oard$ or cityCmunicipal council or +oard 2. Aoes: a. distur+s any of such meetings +. +ehaves in such a manner as to interrupt its proceedings or to impair respect due it. GG "he complaint for distur+ance of proceedings may +e filed +y a mem+er of a legislative +ody. GG ne who distur+s the proceedings of the congress may also +e punished for contempt +y the assem+ly.

CHAPTER THREE ILLEGAL ASSEMBLIES AND ASSOCIATION

47/$ VIOLATION OF PARLIAMENTARY IMMUNITY &sing force$ intimidation$ threats$ or frauds

479$ ILLEGAL ASSEMBLIES 2eeting attended +y armed persons M any crimes under <)C 1lements: 1. (athering of persons M fi,ed place or moving 2. #ttended +y armed persons 3. )urpose M commit any crime under <)C

GG "he persons present at the meeting must +e armed M . " #// persons must +e armed. GG the law does not state how many people attending the meeting must +e armed GG "he unarmed person merely present at the meeting is lia+le. #rmedCnot M treason$ re+ellion$ insurrection$ sedition$ or direct assault 1lements: 1. 2eeting or gathering of persons 2. #udience$ armed or not$ incited to commit treason$ re+ellion$ insurrection$ sedition$ or direct assault GG #udience is actually incited. - )ersons lia+le are the organi5ers or leaders of$ and persons merely present at the meeting6 - *ncited to commit re+ellion or sedition M %a' illegal assem+ly as regards the organi5ers or leaders and persons merely present$ and %+' inciting to sedition insofar as the once inciting is concerned. GG "he persons merely present at the meeting must have a common intent to commit the felony of illegal assem+ly. "he a+sence of such intent may e,empt the person present from criminal lia+ility. GG &nlicensed firearm M presumed for the purpose of the meeting6 he is considered a leader or organi5er of the meeting. GG *llegal possession of firearms M a+sor+ed6 if ac?uitted$ separate crime of illegal possession of firearms. GG =meeting>D a gathering or group$ whether in a fi,ed place or moving$ is included

1. #ssociations totally or partially organi5ed for the purpose of committing any of the crimes punisha+le under <)C. 2. #ssociations totally or partially organi5ed for some purpose contrary to pu+lic morals. )ersons lia+le: 1. 4ounders$ directors$ and president of the association6 2. 2ere mem+ers of the association. Ille(al A**e-Al+ Ille(al A**"!iati"n #ctual meeting or #ctual meeting is assem+ly is . " necessary6 necessary6 2eeting and "he act of forming attendance at such or organi5ing and meeting are mem+ership in the punished6 association that are punished6 rgani5ers$ 4ounders$ leaders$ persons directors$ present at the president$ and meeting M /*#8/1 mem+ers D /*#8/1

CHAPTER FOUR ASSUALT UPON3 AND RESISTANCE AND DISOBEDIENCE TO3 PERSONS IN AUTHORITY AND THEIR AGENTS

476$ ILLEGAL ASSOCIATIONS "hey are:

472$ DIRECT ASSULTS 4orce or intimidation 1lements: 1. ffender M employs force or intimidation 2. #im M attain any of the purposes of <181//* . and S1A*"* . 3. .o pu+lic uprising

GG *s it necessary that the offended party +e a person in authority or his agent@ . . *f the aim of the offender is to attain sedition$ the offended party may +e an individual or person +elonging to a social class

2a0es attac0$ employs force$ intimidation$ serious resistance

serious

1lements: 1. ffender M ma0es attac0$ employs force$ ma0es serious intimidation$ serious resistance 2. 9ictim M person in authority or his agent 3. ffender 0nows victim is a person in authority 4. 9ictim: %a' engaged in actual performance of duty$ or %+' +y reason of past performance of duty 5. .o pu+lic uprising #ttac0 M includes offensive or antagonistic movement or action of any 0ind. 4orce M must +e of serious character as to indicate determination to defy the law and its representative at all ha5ards. GG "he ," !e e-pl"+e) need not +e serious when the offended party is a person in authority. GG The inti-i)ati"n " e*i*tan!e -.*t Ae *e i".* #hethe the ",,en)e) pa t+ i* an a(ent "nl+ " he i* the pe *"n in a.th" it+$ KK the intimidation must produce its effects immediately$ for if the threats +e of some future evil$ the act would not +e an assault GG ;hen a person in authority or his agent is the one who provo0es and attac0s another person$ the latter is entitled to defend himself and cannot +e held lia+le for assault or

resistance not for physical in7uries$ +ecause he acts in legitimate defense. GG ;hen a person in authority or his agent e,ceeds his power or acts without authority$ it is not the e,ercise of the functions of his office. ;hen he ma0es unnecessary use of force or violence and goes +eyond the limits of his power$ he acts as a private person. GG "here can +e no assault upon or diso+edience to one authority +y another when they +oth contend in the e,ercise for their respective duties. %"he crime committed may +e physical in7uries only'. GG when the offender and the offended party who are +oth persons in authority or their agents$ descend to matters which are private in nature$ the principle of authority is not violated GG "he accused must have the 0nowledge that the offended party was a person in authority %or agent' in the e,ercise of his duties$ +ecause the accused must have the intention to offend$ in7ure or assault the offended party as a person in authority or agent of such person. GG "he defendant must have the intention to defy the authorities. GG slight physical in7uries is a+sor+ed in direct assault

Kualified assault: 1. committed with a weapon6 2. offender is a pu+lic officer or employee6 3. offender lays hands upon a person in authority.

475$ INDIRECT ASSAULT 1lements: 1. )erson in authority or his agent is the victim of any if the forms of direct assault6

2. #nother person comes to the aid of such authority or his agent6 3. "he offender ma0es use of force or intimidation upon such person coming to the aid of the authority or his agent. GG *ndirect assault is committed only when direct assault is also committed.

GG # person cannot +e guilty of diso+edience to an order which is not addressed to him. GG "he accused must have 0nowledge that the person arresting him is a peace officer. Simple diso+edience 1. )erson in authority or his agents M engaged in the performance of official duty or gives a lawful order to the offender 2. ffender M diso+eys 3. Aiso+edience is not of serious nature. GG "he order must +e lawful M otherwise$ the resistance is 7ustified. GG in simple diso+edience$ the offended party must only +e an agent of a person in authority Airect #ssault <esistance or serious diso+edience )i# orhis agent )i# must +e in must +e in actual actual performance performance of his of his duties duty$ or is assaulited +y reason thereof Committed +y Committed only +y attac0ing$ resisting or employing force$ seriously ma0ing serious diso+eying a )i# intimidation$ or his agent serious resistance ;hen the one no force is resisted is a )i#$ employed +y the any 0ind or degree offender in of force will give resisting a )i# rise to direct assault ART$ 4/1$ PERSONS IN AUTHORITY AND AGENTS OF PERSONS IN AUTHORITY

4/<$ DISOBEDIENCE TO SUMMONS ISSUED BY THE NATIONAL ASSEMBLY GG only diso+edience without legal e,cuse is punisha+le GG reason for this provision: the power of in?uiryD with process to enforce itD is an essential and appropriate au,iliary to the legislative functions

4/4$ RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR HIS AGENTS <esistance and serious diso+edience 1lements: 1. )erson in authority or his agents M engaged in the performance of official duty or gives a lawful order to the offender %direct order' 2. ffender M resists or seriously diso+eys him 3. #ct of offender is not included in articles 14I$ 143$ 15GG =resistance and diso+edience>D failure to comply with orders directly issued +y the authorities in the e,ercise of their dutiesC failure or refusal to o+ey a direct order GG when the attac0 or employment of force is not deli+erate$ the crime is only resistance or diso+edience

*n applying the provisions of the preceding and other articles of this Code$ any person directly vested with 7urisdiction$ whether as an individual or as a mem+er of some court or governmental corporation$ +oard$ or commission$ shall +e deemed a person in authority. # +arrio captain and a +arangay chairman shall also +e deemed a person in authority. # person who$ +y direct provision of law or +y election or +y appointment +y competent authority$ is charged with the maintenance of pu+lic order and the protection and security of life and property$ such as a +arrio councilman$ +arrio policeman and +arangay leader and any person who comes to the aid of persons in authority$ shall +e deemed an agent of a person in authority. *n applying the provisions of #rticles 14I and 151 of this Code$ teachers$ professors and persons charged with the supervision of pu+lic or duly recogni5ed private schools$ colleges and universities$ and lawyers in the actual performance of their professional duties or on the occasion of such performance$ shall +e deemed persons in authority. GG Airectly vested with 7urisdiction M power and authority to govern and e,ecute laws. )ersons in #uthority: 1. municipal mayor 2. Aivision Superintendent of schools 3. )u+licC )rivate school teachers 4. teacherD unrse 5. president of sanitary division F. provincial fiscal H. 7ustice of the peace I. municipal councilor 3. +arrio captain and +arangay chairman

1,amples 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 F. agents of the 8*< H. 2alacanang confidential agent

CHAPTER FIVE PUBLIC DISORDERS

4/0$ TUMULTS AND DISTURBANCES "hey are: 1. Causing any serious distur+ance in a pu+lic place$ office or esta+lishment6 2. *nterrupting or distur+ing performances$ functions or gatherings or peaceful meetings$ if the act is not included in arts. 131 and 1326 3. 2a0ing an outcry tending to incite re+ellion or sedition in any meeting$ association$ or pu+lic place6 4. Aisplaying placards or em+lems which provo0e a distur+ance of pu+lic order in such place6 5. 8urying with pomp the +ody of a person who has +een legally e,ecuted. GG ffender M a participant in the meeting. GG Serious distur+ance must +e planned or intended. GG utcry M to shout su+versive or provocative words tending to stir up the people to o+tain +y means of force or violence any of the o+7ects of re+ellion or sedition6 more or less unconscious out+urst which is not intentionally calculated to induce others to commit re+ellion or sedition.

GG ?ualifying circumstanceD causing distur+ance or interruption of a tumultuous character GG tumultuousDmore than three persons who are armed " provided with means of violence

ta0e place outside esta+lishment.

the

said

4//$ ALARMS AND SCANDALS )unished: 1. Aischarging any firearm$ roc0et$ firecrac0er$ or other e,plosive calculated to cause alarm or danger6 2. *nstigating or ta0ing active part in any charivari or other disorderly meeting offensive to another or pre7udicial to pu+lic tran?uility6 3. Aistur+ing the pu+lic peace while wandering a+out at night or while engaged in any other nocturnal amusements6 4. Causing any distur+ance or scandal in pu+lic places while into,icated or otherwise$ provided art. 153 is not applica+le. GG *t is the result that counts$ and not the intent. GG #nywhere$ as long as discharge of firearm$ roc0et$ etc. produced alarm or danger. GG Charivari M sounds designed to annoy and insult.

GG 9iolence$ intimidation and +ri+ery M ?ualifying circumstances GG 2ere detention prisoners included. Bospital or asylum considered e,tension of 7ail or prison. GG ffender is usually an outsider. #n employee of the penal esta+lishment who helps the escape of a person confined therein may also +e punished$ provided that he does not have the custody or charge of such person. *t may also +e a prisoner helping another prisoner. M *f the offender is a pu+lic officer who had the prisoner in his custody or charge$ he is lia+le for infidelity in the custody of a prisoner %223'. GG 8y other means M su+stituting an prisoner +y ta0ing his place in 7ail is an e,ample. GG # person delivering a prisoner from 7ail may +e held lia+le as accessory %treason$ murder$ or parricide cases only' GG *f the prisoner removed is a detention prisoner$ such prisoner is not criminally lia+le. Be can only +e lia+le for evasion of service of sentence is he is a convict +y final 7udgment.

CHAPTER SI@ EVASION OF SERVICE OF SENTENCE

4/9$ DELIVERING PRISONERS FROM ?AIL 1lements: 1. )erson confined in a 7ail or penal esta+lishment6 2. ffender removes or helps escape +y means of M a. violence intimidation$ or +ri+ery6 +. ta0ing the guards +y surprise$ if the escape of the prisoner shall

4/6$ EVASION OF SERVICE OF SENTENCE 1lements: 1. ffender M convict +y a final 7udgment 2. ffender M serving his sentence which consists of deprivation of li+erty 3. ffender M evades service of sentence +y 1SC#)*.( the term of his sentence

GG *f the convict escapes without commencing to serve the sentence or without e,pressly waiving in writing his right to appeal$ or he is a detention prisoner or minor delin?uent who escapes from confinement M offender is not lia+le for evasion of service of sentence. GG sentence must +e +y reason of =final 7udgment> GG #rt 15H is applica+le to destierro Kualifying circumstances: 1. &nlawful entry %clim+ing the wall' 2. 8rea0ing doors$ windows$ gates$ walls$ roofs$ or floors 3. &sing pic0loc0s$ false 0eys$ disguise$ deceit$ violence or intimidation 4. Connivance with other convicts or employees of the penal institution

up within 4I hours after the proclamation announcing the passing away of the calamitH GG *f the offender fails to surrender$ he shall suffer an increase of 1C5 of the time still remaining to +e served under the original sentence$ . " " 1NC11A F 2 ."BS. GG *f the offender surrenders within 4I hours$ he is entitled to 1C5 deduction of the period of his sentence. GG mutiny in this article imples an organi5ed unlawful resistance to a superior office6 a sedition6 or revolt

4/2$ EVASION OF SERVICE DURING DISORDERS 1lements: 1. ffender M convict +y final 7udgment$ confined in a penal institution 2. Aisorder M conflagration$ earth?ua0e$ e,plosion$ similar catastrophe$ mutiny %he has not participated' 3. ffender M evades +y leaving penal institution on the occasion of such disorder 4. ffender M fails to give himself up to authorities 4I hours following the issuance of the Chief 1,ecutive announcing the passing away of such calamity GG "he offender must +e a convict +y final 7udgment$ an) must leave the penal institution. GG what is punished is not the leaving of the penal institution +ut the failure to give himself

4/5$ OTHER CASES OF EVASION OF SENTENCE FVIOLATION OF CONDITIONAL PARDON 1lements: 1. "hat the offender was a convict 2. that he was granted conditional pardon +y the Chief e,ecutive 3. that he violated any of the conditions of such pardon GG Can the court re?uire the convict to serve the une,pired portion of his original sentence$ if it does not e,ceed F years@ . . 8ecause the article does not provide for it. "he remedy is left to the )resident who has the authority to recommit him to serve the une,pired portion of the punishment in the original sentence

CHAPTER SEVEN COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFENDE 49<$ LUASI8RECIDIVISM 1lements: 1. ffender M already convicted +y final 7udgment of one offense

2. Committed a new felony M %a' +efore the +eginning to serve such sentence6 or %+' while serving the same GG 4irst offense need not +e a felony %crime under <)C' GG .ew offense need not +e of different character from that of the former offense. Re!i)i&i*(eneric aggravating circumstance 2ay +e offset +y a mitigating circumstance 2 offenses em+raced in the same titleCcode L.a*i8Re!i)i&i*Special aggravating circumstance Cannot +e offset +y a mitigating circumstance 1st offense may +e other violation6 2nd offense should +e a felony Committed after Committed +efore serving the sentence +eginning to serve or while serving the sentence