CRIMINAL LAW (BOOK 2)

CRIMES AGAINST PUBLIC ORDER

1. Rebellion or Insurrection (Art. 134)

2. Coup d’etat (Art. 134-A)
3. Conspiracy and Proposal to Commit Coup d’etat, rebellion or
insurrection (Art. 136)
4. Disloyalty of public officers or employees (Art. 137)
5. Inciting to rebellion or insurrection (Art. 138)
6. Sedition (Art. 139)
7. Conspiracy to commit sedition (Art. 141)
8. Inciting to sedition (Art. 142)
9. Acts tending to prevent the meeting of Congress and Similar bodies
(Art. 143)
10. Disturbance of proceedings (Art. 144)
11. Violation of parliamentary immunity (Art. 145)
12. Illegal Assemblies (Art. 146)
13. Illegal Associations (Art. 147)
14. Direct Assaults (Art. 148)
15. Indirect Assaults (Art. 149)
16. Disobedience to summons issued by Congress, its committees
or subcommittees, by the Constitutional Commissions, its
committees, subcommittees or divisions (Art. 150)
17. Resistance and disobedience to a person in authority or the
agents of such person (Art. 151)
18. Tumults and other disturbances of public order; Tumultuous
disturbance or interruption liable to cause disturbance (Art. 153)
19. Unlawful use of means of publication and unlawful utterances
(Art. 154)
20. Alarms and scandals (Art. 155)
21. Delivering prisoners from jail (Art. 156)
22. Evasion of service of sentence (Art. 157)
23. Evasion of service of sentence on the occasion of disorders,
conflagrations, earthquakes, or other calamities (Art. 158)
24. Evasion by violation of Conditional Pardon (Art. 159)
25. Quasi-recidivism (Art. 160)

Political Crimes

Those that are directly aimed against the political order, as well as such
common crimes as may be committed to achieve a political purpose. The
decisive factor is the intent or motive.

ART. 134 REBELLION OR INSURRECTION

Nature of the crime of rebellion

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Rebellion is a crime of the masses. It requires a multitude of people. It is
a vast movement of men and a complex network of intrigues and plots.

Elements

1. That there be:

a. public uprising and
b. taking of arms against the Government.

2. Purpose of uprising or movement is either to:

a. Remove from the allegiance to said Government or its laws
i. The territory of the Philippines or any part thereof;
ii. Any body of land, naval or other armed forces;
b. Deprive the Chief Executive or Congress, wholly or partially,
any of their powers or prerogatives

Essence of the crime of rebellion

The essence of rebellion is public uprising and the taking of arms for the
purpose of overthrowing the Government by force although it is not
necessary that the rebels succeed in overthrowing the Government. It is
generally carried out by civilians.

If there is no public uprising, the crime is direct assault.

Rebellion and Insurrection are not synonymous

In rebellion, the purpose of the movement is to completely overthrow and

supersede the existing government. In insurrection, the purpose is to
effect some change of minor importance, or to prevent the exercise of
governmental authority with respect to particular matters or subjects

Rebellion cannot be complexed with common crimes

Being within the purview of “engaging in war” and “committing serious

violence,” said resort to arms, with the resulting impairment or
destruction of life and property, constitutes not two or more offense, but
only one crime that of rebellion plain and simple (People v. Hernandez
et al., G.R. No. L-6025-26, July 18, 1956).

NOTE: Killing, robbing, etc, for private purposes or profit without any
political motivation would be separately punished and would not be
absorbed in the crime of rebellion (People v. Geronimo et al., G.R. No.
L-8936, October 23, 1956).

Rebellion v. Treason

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 1. In rebellion, the uprising is against the government; while in
treason, the levying of war is done to aid the enemy.
2. In rebellion, the purpose is to substitute the existing government
with another; while in treason, the purpose is to deliver the
government to the enemy.

Mere giving of aid or comfort is not criminal in cases of rebellion. There

must be an actual participation. Hence, mere silence or omission of the
public officer is not punishable in rebellion.

Theory of Absorption in Rebellion

If common crimes like homicide, murder, physical injuries, and arson

have been committed in furtherance of, or in connection with rebellion,
then it is considered as absorbed in the crime of rebellion. But before
these common crimes can be absorbed, it is necessary that there is
evidence to show that these common crimes has promoted or espoused
the ideals of rebels. Absent this, it cannot be absorbed in the crime of
rebellion.

ART. 134-A COUP D’ÉTAT

Elements

1. Offender is a person or persons belonging to the military or police

or holding any public office or employment;
2. There be a swift attack accompanied by violence, intimidation,
threat, strategy or stealth;
3. The purpose of the attack is seize or diminish State power; and
4. The attack is directed against duly constituted authorities of the
Republic of the Philippines, or any military camp or installation,
communication networks, public utilities or other facilities needed
for the exercise and continued possession of power

Essence of the crime of coup d’etat

The essence of the crime is a swift attack upon the facilities of the
Philippine government, military camps and installations, communication
networks, public utilities and facilities essential to the continued
possession of governmental powers.

Objective of coup d’etat

The objective of coup d’état is to destabilize or paralyze the government

through the seizure of facilities and utilities essential to the continued
possession and exercise of governmental powers.

Principal offenders of coup d’etat

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The principal offenders are members of the AFP or of the PNP
organization or a public officer with or without civilian support.

Coup d’etat v. Rebellion

1. In coup d’etat, the essence of the crime is a swift attack against the
government, its military camp or installations, communication
network and public facilities and utilities essential to the continued
exercise of governmental powers; while in rebellion, the essence of
the crime is public uprising and taking up arms against the
government.
2. In coup d’etat, the purpose is merely to paralyze the existing
government; while in rebellion, the purpose is to overthrow the
existing government.
3. Coup d’etat may be carried out singly or simultaneously; while
rebellion requires a public uprising, or multitude of people.
4. The principal offenders in coup d’etat must be members of the
military, national police or public officer, with or without civilian
support; while offenders in rebellion need not be uniformed
personnel of the military or the police.

ART. 135 PENALTY FOR REBELLION OR INSURRECTION OR

COUP D’ETAT

Persons liable for rebellion, insurrection or coup d’etat

1. Leader
a. Any person who promotes, maintains, or heads a rebellion or
insurrection; or
b. Any person who leads, directs, or commands others to
undertake coup d’etat.

2. Participants
a. Any person who participates or executes the commands of
others in rebellion, or insurrection;
b. Any person in the government service who participates, or
executes directions or commands of others in undertaking a
coup d’etat; or
c. Any person not in the government service who participates,
supports, finances, abets, or aids in undertaking a coup
d’etat.

NOTE: In cases of rebellion, the public officer must take active part to be
liable. Mere silence or omission is not one of those acts constituting the
crime of rebellion.

Killing, robbing, etc. for private purposes or profit, without any political
motivation, would be separately punished and would not be absorbed in

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the rebellion (People v. Geronimo, et al., G.R. No. L8936, October 23,
1956).

Pursuant to Section 28 and 29 of RA No 10591, the unlawful acquisition,

possession of firearms and ammunition, and use of loose firearm, in
furtherance of, or incident to, or in connection with the crime of rebellion
or insurrection, or attempted coup d’état, shall be absorbed as element of
the crime of rebellion or insurrection, or attempted coup d’état.

ART. 136 CONSPIRACY AND PROPOSAL TO COMMIT COUP

D’ÉTAT, REBELLION, OR INSURRECTION

Crimes punished under this Article

1. Conspiracy to commit coup d’état;

2. Proposal to commit coup d’état;
3. Conspiracy to commit rebellion or insurrection; and
4. Proposal to commit rebellion or insurrection.

Conspiracy to commit coup d’état

There is conspiracy to commit coup d’état when two or more persons
belonging to the military or police or holding any public office or
employment come to an agreement to seize or diminish State power
through a swift attack accompanied by violence, intimidation, threat,
strategy or stealth against duly constituted authorities of the Republic of
the Philippines, or any military camp or installation, communication
networks, public utilities or other facilities needed for the exercise and
continued possession of power and decide to commit it.

Proposal to commit coup d’état

There is proposal to commit coup d’état when the person belonging to

the military or police or holding any public office or employment who has
decided to seize or diminish State power through a swift attack
accompanied by violence, intimidation, threat, strategy or stealth against
duly constituted authorities of the Republic of the Philippines, or any
military camp or installation, communication networks, public utilities or
other facilities needed for the exercise and continued possession of
power proposes its execution to some other person or persons.

Conspiracy to commit rebellion

There is conspiracy to commit rebellion when two or more persons come

to an agreement to rise publicly and take arms against the government
for any of the purposes of rebellion and decide to commit it.

Proposal to commit rebellion

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There can be proposal to commit rebellion when the person who has
decided to rise publicly and take arms against the government for any of
the purposes of rebellion proposes its execution to some other person or
persons.

NOTE: In the case of U.S. v. Vergara, the Supreme Court held that
persons who may be held criminally liable under this Article are those
who actually conspired with each other, not those who learned and failed
to report the same to the authorities.

ART. 137 DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES

Punishable acts of disloyalty

1. Failing to resist a rebellion by all the means in their power;

2. Continuing to discharge the duties of their offices under the control
of the rebels; and
3. Accepting appointment to office under them.

The crime presupposes the existence of rebellion, but the offender under
this article must not be in conspiracy with the rebels; otherwise, he will
be guilty of rebellion, as the act of one is the act of all.

ART. 138 INCITING TO REBELLION OR INSURRECTION

Elements

1. Offender does not take arms or is not in open hostility against the
Government;
2. He incites others to rise publicly and take arms against the
Government for any of the purposes of the rebellion; and
3. The inciting is done by means of speeches, proclamations, writings,
emblems, banners or other representations tending to the same
end.

The act of inciting must have been intentionally calculated to induce

others to commit rebellion.

Inciting to rebellion v. Proposal to commit rebellion

1. In inciting to rebellion, it is not required that the offender has

decided to commit rebellion; while in proposal to commit rebellion,
the person who proposes has decided to commit rebellion;
2. In inciting to rebellion, the act of inciting is done publicly; while in
proposal to commit rebellion, the person who proposes the
execution of the crime uses secret means.
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NOTE: The crime of rebellion should not, however, be committed by the
persons incited or to whom it is proposed. Otherwise, the person inciting
or who proposed the commission thereof becomes a principal by
inducement in the crime of rebellion.

ART. 139 SEDITION

Elements

1. Offenders rise (1) publicly and (2) tumultuously;

2. They employ force, intimidation, or other means outside of legal
methods; and
3. The offenders employ any of those means to attain any of the
following objects or purposes:
a. Prevent the promulgation or execution of any law or the
holding of any popular election;
b. Prevent the National Government, or any provincial or
municipal government, or any public officer thereof from
freely exercising its or his functions, or prevent the execution
of any administrative order;
c. Inflict any act of hate or revenge upon the person or property
of any public officer or employee;
d. Commit for any political or social end any act of hate or
revenge against private persons or any social class; and
e. Despoil, for any political or social end, any person,
municipality or province, or the National Government of all
its property or any part thereof.

NOTE: Participants must at least be four (4) in numbers.

Nature of sedition

It is a violation of the public peace or at least such a course of measures

as evidently engenders it, yet it does not aim at direct and open violence
against the laws, or the subversion of the Constitution. It is an offense
not directed primarily against individuals but to the general public peace;
it is the raising of commotions or disturbances in the State, a revolt
against legitimate authority (People v. Perez, G.R. No. L-21049,
December 22, 1923).

Sedition does not contemplate rising up of arms against

government

The purpose of the offenders in rising publicly is merely to create

commotion and disturbance by way of protest to express their dissent
and disobedience to the government or to the authorities concerned.

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NOTE: The objective of sedition is not always against the government, its
property or officer. It could be against a private person or social class.

“Tumultuous”

The disturbance or interruption shall be deemed to be tumultuous if

caused by more than three persons who are armed or provided with
means of violence (Art. 153, RPC).

Sedition v. Rebellion

1. In sedition, it is sufficient that public uprising be tumultuous. In

rebellion, there must be taking up of arms against the government;
2. The purpose of sedition may be political or social, that is merely to
go against the established government not to overthrow it. The
purpose of rebellion is always political, that is to overthrow the
government.
3. Any crime associated with sedition can be prosecuted. Offenses
committed pursuant to rebellion are absorbed.

Sedition v. Treason

Sedition is the raising of commotions or disturbances in the State.

Treason is a violation by a subject of his allegiance to his sovereign or the
supreme authority of the State.

Sedition v. Tumults and other disturbance of public order

Sedition involves disturbance of public order resulting from tumultuous

uprising. There is no public uprising

Crime committed if there is no public uprising

If the purpose of the offenders is to attain the objects of sedition by force

or violence, but there is no public uprising, the crime committed is direct
assault.

ART. 140. PENALTY FOR SEDITION

Persons liable for sedition with the corresponding penalties

1. The leader – prision mayor in its minimum period, fine not

exceeding Php2,000,000.00
2. Other persons participating in the sedition – prision correccional in
its maximum period, fine not exceeding Php1,000,000.00

ART. 141 CONSPIRACY TO COMMIT SEDITION

Conspiracy to commit sedition

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There is conspiracy to commit sedition when two or more persons come
to an agreement to rise publicly and tumultuously to attain any of the
objects specified in Art. 139 and they decide to commit it.

ART. 142 INCITING TO SEDITION

Acts of inciting to sedition

1. Inciting others to the accomplishment of any of the acts which

constitute sedition by means of speeches, proclamations, writings,
emblems, etc.;
2. Uttering seditious words or speeches which tend to disturb the
public peace; and
3. Writing, publishing, or circulating scurrilous libels against the
Government or any of the duly constituted authorities thereof,
which tend to disturb the public peace.

In inciting to sedition, the offender must not take part in any public or
tumultuous uprising.

Elements:

1. The offender does not take direct part in the crime of sedition;
2. He incites others to the accomplishment of any of the acts which
constitute sedition; and
3. The inciting is done by means of speeches, proclamations, writings,
emblems, cartoons, banners, or other representations tending to
the same end.

Uttering seditious words/speeches and writing, publishing or

circulating scurrilous libels

They are punishable when they:

1. Tend to disturb or obstruct any lawful officer in executing the

functions of his office;
2. Tend to instigate others to cabal and meet together for unlawful
purposes;
3. Suggest or incite rebellious conspiracies or riots; and
4. Lead or tend to stir up the whole people against the lawful
authorities or to disturb the peace of the community, the safety and
order of the Government.

NOTE: Scurrilous means low, vulgar, mean or foul.

Rules relative to seditious words

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 1. Clear and present danger rule: words must be of such nature that
by uttering them there is a danger of public uprising and that such
danger should be both clear and imminent
2. Dangerous tendency rule: if words used tend to create a danger of
public uprising, then those words could properly be subject of
penal clause

It is the dangerous tendency rule that is generally adopted in the

Philippines with respect to sedition cases. It is enough that the words
used may tend to create danger of public uprising.

Instances of inciting to sedition

1. Meeting for the purpose of discussing hatred against the

government; or
2. Lambasting government officials to discredit the government.

If the objective of the abovementioned acts is to overthrow the

government, the crime would be inciting to rebellion.

Reasons why seditious utterances are prohibited

The legislature has the authority to forbid the advocacy of a doctrine

designed and intended to overthrow the Government without waiting
until there is a present and immediate danger of the success of the plan
advocated. If the State was compelled to wait until the apprehended
danger became certain, then its right to protect itself would come into
being simultaneously with the overthrow of the Government, when there
would be neither prosecuting officers nor courts for the enforcement of
the law (Gitlow v. New York, 268 U.S. 652).

ART. 143 ACTS TENDING TO PREVENT THE MEETING OF

CONGRESS AND SIMILAR BODIES

Elements

1. That there be a projected or actual meeting of the National

Assembly (Congress of the Philippines) or any of its committees or
subcommittees, constitutional committees or divisions thereof, or
any of the provincial board or city or municipal council or board;
and
2. Offender who may be any person prevents such meeting by force or
fraud.

NOTE: Under PD 1829, any person who disturbs the proceedings in the
fiscal’s office, in Tanodbayan, or in the courts may be held liable for
violation of Obstruction of Justice.

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The crime is against popular representation because it is directed against
officers whose public function is to enact laws. When these legislative
bodies are prevented from performing their duties, the system is
disturbed.

ART. 144 DISTURBANCE OF PROCEEDINGS

Elements

1. That there be a meeting of the National Assembly (Congress of the

Philippines) or any of its committees or subcommittees,
constitutional commissions or committees or divisions thereof, or of
any provincial board or city or municipal council or board; and
2. Offender does any of the following acts:
a. Disturbs any of such meetings; or
b. Behaves while in the presence of any such bodies in such a
manner as to interrupt its proceedings or to impair the
respect due it.

The disturbance can be in the form of utterances, speeches or any form

of expressing dissent which is done in such a manner as to interrupt its
proceedings or to impair the respect due it.

ART. 145 VIOLATION OF PARLIAMENTARY IMMUNITY

Acts punishable under this crime

1. By using force, intimidation, threats, or fraud to prevent any

member of the National Assembly (Congress of the Philippines)
from:
a. Attending the meetings of the Assembly or of any of its
committees or subcommittees, constitutional commissions or
committees or divisions thereof, or
b. From expressing his opinions or
c. Casting his vote

The offender in this case may be any person.

2. By arresting or searching any member thereof while the National

Assembly is in regular or special session, except in case such
member has committed a crime punishable under the Code by a
penalty higher than prision mayor.

It is not necessary that the member is actually prevented from exercising

any of his functions. It is sufficient that Congress is in session and the
offender, in using force and intimidation, threats, or frauds, has the
purpose to prevent a member of the National Assembly from exercising
any of such prerogatives (Reyes, 2012).

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“Session”

The term “session” refers to the entire period of time from its initial
convening until its final adjournment.

ART. 146 ILLEGAL ASSEMBLIES

Forms of illegal assemblies and their elements

1. Any meeting attended by armed persons for the purpose of

committing any of the crimes punishable under the Code.

Elements:

a. There is a meeting, a gathering or group of persons, whether in a

fixed placed or moving;
b. The meeting is attended by armed persons; and
c. The purpose of the meeting is to commit any of the crimes
punishable under the Code.

2. Any meeting in which the audience, whether armed or not, is

incited to the commission of the crime of treason, rebellion or
insurrection, sedition or direct assault

Elements:
a. There is a meeting, a gathering or group of persons, whether in a
fixed placed or moving; and
b. The audience, whether armed or not, is incited to the commission
of the crime of treason, rebellion or insurrection, sedition or direct
assault.

If the person present carries an unlicensed firearm, the presumption,

insofar as he is concerned, is that the purpose of the meeting is to
commit acts punishable under this Code, and that he is the leader or
organizer of the meeting.

Importance of common intent

Persons merely present at the meeting should have a common intent to

commit the felony of illegal assembly; absence of such intent may exempt
the person present from criminal liability.

If the presence of a person in the meeting is merely out of curiosity, he is

not liable because he does not have intent to commit the felony of illegal
assembly.

Criminal liability of the person inciting

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The person inciting is liable for the crime of inciting to rebellion or
sedition.

Gravamen of illegal assembly

The gravamen of illegal assembly is mere assembly of or gathering of

people for illegal purpose punishable by the RPC. Without gathering,
there is no illegal assembly.

Persons liable for illegal assembly

1. Organizers or leaders of the meeting; and

2. Persons merely present at the meeting.

Liability of persons merely present at the meeting

1. If they are not armed, the penalty is arresto mayor.
2. If they carry arms, like bolos or knives, or licensed firearms, the
penalty is prision correccional.

If any person present at the meeting carries an unlicensed

firearm:
1. It is presumed that the purpose of the meeting insofar as he is
concerned, is to commit acts punishable under the RPC; and
2. He is considered a leader or organizer of the meeting.

If the gathering is for the commission of a crime punishable under

special laws

If the illegal purpose for the gathering is for the commission of a crime
punishable under special laws, illegal assembly is not committed. The
crime committed would be illegal association.

ART. 147 ILLEGAL ASSOCIATIONS

Illegal associations

1. Associations totally or partially organized for the purpose of

committing any of the crimes punishable under the Code; or
2. Associations totally or partially organized for some purpose
contrary to public morals.

Public morals refer to matters which affect the interest of society and
public inconvenience and are not limited to good customs. It refers to
acts that are in accordance with natural and positive laws.

Persons liable for the crime of illegal associations

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 1. Founders, directors and president of the association; and
2. Mere members of the association.

Illegal Assembly v. Illegal Association

1. In illegal assembly, the basis of liability is the gathering for an

illegal purpose which constitutes a crime under the RPC. In Illegal
Association, the basis is the formation of or organization of an
association to engage in an unlawful purpose which is not limited
to a violation of the RPC;
2. In illegal assembly, it is necessary that there is an actual meeting
or assembly. In illegal association, it is not necessary that there be
an actual meeting;
3. In illegal assembly, the meeting and the attendance at such
meeting are the acts punished. In illegal association, the act of
forming or organizing and membership in the association are the
acts punished.

ART. 148 DIRECT ASSAULTS

Ways of committing the crime of direct assault

1. Without public uprising, by employing force or intimidation for the

attainment of any of the purposes enumerated in defining the
crimes of rebellion and sedition; and
2. Without public uprising, by attacking, by employing force or by
seriously intimidating or by seriously resisting any person in
authority or any of his agents, while engaged in the performance of
official duties, or on the occasion of such performance.

Elements of the first form

1. Offender employs force or intimidation;

2. The aim of the offender is to attain any of the purposes of the crime
of rebellion or any of the objects of the crime of sedition; and
3. There is no public uprising.

Offended party need not be a person in authority or his agent in

the first form of direct assault

The first part of Article 148 does not seem to require it. If the aim of the
offender is to attain an object of sedition, the offended party may be a
private individual or person belonging to a social class.

Elements of the second form

1. Offender:
a. Makes an attack,
b. Employs force,
c. Makes a serious intimidation, or
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 d. Makes a serious resistance;

2. Person assaulted is a person in authority or his agent;

3. That at the time of the assault the person in authority or his agent:
a. Is engaged in the performance of official duties, or that he is
assaulted
b. On occasion of such performance;

4. The offender knows that the one he is assaulting is a person in

authority or his agent in the exercise of his duties; and
5. There is no public uprising.

“shall attack”

The word “attack” includes any offensive or antagonistic movement or

action of any kind.
“Employ force”

If the offended party is only an agent of a person in authority, the force

employed must be of a serious character as to indicate determination to
defy the law and its representative at all hazards.

Intimidation or resistance must be serious whether the offended

party is an agent only or a person in authority

The other ways of committing direct assault of the second form are to
seriously intimidate or to seriously resist a person in authority or any of
his agents.

Knowledge of the accused that the victim is a person in authority

or his agent is essential

The accused assaulting must have knowledge that the offended party was
a person in authority or his agent in the exercise of his duties, because
the accused must have the intention to offend, injure, or assault the
offended party as a person in authority or agent of authority.

“On occasion of the performance of official duties”

It means that the assault was made because or by reason of the past
performance of official duties even if at the very time of the assault no
official duty was being discharged (Justo v. CA, G.R. No. L-8611, June
28, 1956).

In this form, there is a need to determine the reason why a person in

authority or his agent was attacked. If the attack was made by reason of
the past performance of official duties of the person in authority or his
agent, the accused is liable for direct assault. If the attack was made by

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reason of revenge, then the accused shall not be liable under this article,
but for physical injuries.

If the attack was done while the person in authority or his agent is
engaged in the actual performance of official functions, the crime is
always direct assault, whatever be the reason.

Not in actual performance of official duties

The following are considered as not in actual performance of official

duties:

1. When the person in authority or the agent of a person in authority

exceeds his powers or acts without authority;
2. Unnecessary use of force or violence; and
3. Descended to matters which are private in nature.

“Qualified direct assault”

Direct assault is qualified when:

1. Assault is committed with a weapon;

2. The offender is a public officer or employee; or
3. Offender lays hands upon a person in authority.

No liability under Art. 148 for Direct Assault

1. If the public officer or officer in authority is a mere bystander;

2. If the accused did not know that the victim was a person in
authority; or
3. If the person assaulted was no longer a public officer at the time of
the attack even if the reason for the attack was due to past
performance of duties

Crime of direct assault can be complexed with the material

consequence of the unlawful act

As a rule, where the spirit of the contempt or lawlessness is present, it is

always complexed with the material consequences of the unlawful act. If
the unlawful act was murder or homicide committed under circumstance
of lawlessness or contempt of authority, the crime would be direct
assault with murder or homicide, as the case may be.

However, when the material consequence is a light felony, such as slight

physical injuries, the said offense is not complexed with direct assault
because the said injuries are considered as an incident or a necessary
consequence of the force or violence inherent in all kinds of assault.

ART. 149 INDIRECT ASSAULTS

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Elements

1. A person in authority or the agent of a person in authority is the

victim of any of the forms of direct assault defined in Art. 148;
2. A person comes to the aid of such authority; and
3. That the offender makes use of force or intimidation upon such
person coming to the aid of the authority or his agent.

Victim in Indirect Assault

The victim in the crime of indirect assault is not the person in authority
or his agent but the person who comes to the aid of the agent of a person
in authority.

Commission of Indirect assault

As Art. 149 now stands, the crime of indirect assault can only be
committed if a private person comes to the aid of the agent of a person in
authority, on the occasion of direct assault against the latter.

NOTE: When any person comes to the aid of a person in authority, he is

constituted as an agent of the person in authority (Art. 152, as amended).
If such person was the one attacked, by employing violence against him
of serious nature or character, the crime would be direct assault

ART. 150 DISOBEDIENCE TO SUMMONS ISSUED BY THE

NATIONAL ASSEMBLY OR CONSTITUTIONAL COMMISSIONS

Acts punished as disobedience to the National Assembly

(Congress) or Constitutional Commission

1. Refusing, without legal excuse, to obey summons of the National

Assembly, its special or standing committees and subcommittees,
the Constitutional commissions and its committees, subcommittees
or divisions, or by any commission or committee chairman or
member authorized to summon witnesses;
2. Refusing to be sworn or placed under affirmation while being
before such legislative or constitutional body or official;
3. Refusing to answer any legal inquiry or to produce any books,
papers, documents, or records in his possession, when required by
them to do so in the exercise of their functions;
4. Restraining another from attending as a witness in such legislative
or constitutional body; or
5. Inducing disobedience to a summons or refusal to be sworn by any
such body or official.

Any of the acts enumerated may also constitute contempt of Congress

and could be punished as such independent of the criminal prosecution.
17
NOTE: This Article does not apply when the papers or documents may be
used in evidence against the owner thereof because it would be
equivalent to compelling him to be witness against himself (Uy Khaytin
v. Villareal, 42 Phil. 886). The law only penalizes refusal without legal
excuse.

Persons liable under Art. 150

1. Any person who commits any of the above acts

2. Any person who:
a. Restrains another from attending as a witness;
b. Induces him to disobey a summons; and
c. Induces him to refuse to be sworn to such body.

ART. 151 RESISTANCE AND DISOBEDIENCE TO A PERSON IN

AUTHORITY OR HIS AGENTS

Elements of resistance and serious disobedience

1. A person in authority or his agent is engaged in the performance of

official duty or gives a lawful order to the offender;
2. The offender resists or seriously disobeys such person in authority
or his agent; and
3. That the act of the offender is not included in the provisions of Arts.
148, 149, and 150.

The word seriously is not used to describe resistance, because if the

offender seriously resisted a person in authority or his agent, the crime is
direct assault (Reyes, 2012).

Concept of the offense of resistance and disobedience

The juridical conception of the crime of resistance and disobedience to a

person in authority or his agents consists in a failure to comply with
orders directly issued by the authorities in the exercise of their official
duties.

Elements of simple disobedience

1. An agent of a person in authority is engaged in the performance of

official duty or gives a lawful order to the offender;
2. The offender disobeys such agent of a person in authority; and
3. Such disobedience is not of a serious nature.

Resistance or Serious Disobedience v. Direct Assault

1. In resistance or serious disobedience, the person in authority or his

agent must be in the actual performance of his duties. In direct
18
 assault, the person in authority or his agent must be engaged in the
performance of official duties or that he is assaulted by reason
thereof.
2. Resistance or serious disobedience is committed only by resisting
or seriously disobeying a person in authority or his agent. Direct
assault is committed by any of the following: 1. Attacking. 2.
Employing force 3. Seriously intimidating 4. Seriously resisting a
person in authority or his agent.
3. In resistance or serious disobedience the use of force is not so
serious, as there is no manifest intention to defy the law and the
officers enforcing it. In direct assault, the attack or employment of
force which gives rise to the crime of direct assault must be serious
and deliberate.

NOTE: If the person who was resisted is a person in authority and the
offender used force in such resistance, the crime committed is direct
assault. The use of any kind or degree of force will give rise to direct
assault.

However, if the offender did not use any force in resisting a person in
authority, the crime committed is resistance or serious disobedience.

ART. 152 PERSONS IN AUTHORITY AND AGENTS OF PERSON IN

AUTHORITY

Person in authority

Persons in authority are those directly vested with jurisdiction, whether

as an individual or as a member of some court or government
corporation, board, or commission. Barrio captains and barangay
chairmen are also deemed persons in authority.

The following are persons in authority:

1. Mayors;
2. Division superintendent of school;
3. Public and private school teachers;
4. Provincial Fiscal;
5. Judges;
6. Lawyers in actual performance of duties;
7. Sangguniang Bayan member;
8. Barangay Chairman; and
9. Members of the Lupong Tagapamayapa

Agent of a person in authority

Any person who by direct provision of law or by election or by

appointment by competent authority is charged with the:
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 1. Maintenance of public order; and
2. Protection and security of life and property.

Agents of persons in authority includes:

1. Barangay Kagawad
2. Barangay Tanod
3. Barangay Councilman
4. Any person who comes to the aid of persons in authority

ART. 153 TUMULTS AND OTHER DISTURBANCES OF PUBLIC

ORDER

Tumults and other disturbances of public order

They are:

1. Causing any serious disturbance in a public place, office, or

establishment;
2. Interrupting or disturbing performances, functions or gatherings,
or peaceful meetings, if the act is not included in Arts. 131 and
132;

NOTE: The crime is qualified if disturbance or interruption is of a

tumultuous character.

3. Making any outcry tending to incite rebellion or sedition in any

meeting, association or public place;
4. Displaying placards or emblems which provoke a disturbance of
public disorder in such place;
5. Burying with pomp the body of a person who has been legally
executed.

NOTE: Burying with pomp the body of a person contemplates an

ostentatious display of a burial as if the person legally executed is a hero.

Essence of tumults and other disturbances

The essence of this crime is creating public disorder. This crime is

brought about by creating serious disturbances in public places, public
buildings, and even in private places where public functions or
performances are being held.

Outcry

Outcry means to shout subversive or provocative words tending to stir up

the people to obtain by means of force or violence any of the objects of
20
rebellion or sedition. The outcry must be spontaneous; otherwise it would
be the same as inciting to rebellion or sedition. (Reyes, 2012)

Circumstances qualifying the disturbance or interruption

The penalty next higher in degree shall be imposed upon persons causing
any disturbance or interruption of a tumultuous character.

The disturbance or interruption shall be deemed to be tumultuous if

caused by more than 3 persons who are armed or provided with means of
violence.

Making any outcry tending to incite sedition or rebellion (Art.

153, par. 3) v. inciting to rebellion or sedition

1. In making any outcry tending to incite sedition or rebellion, the

meeting at the outset was legal, and became a public disorder only
because of such outcry. In inciting to rebellion or sedition, the
meeting was unlawful from the beginning.
2. In making any outcry tending to incite sedition or rebellion the
outbursts which by nature may tend to incite rebellion or sedition
are spontaneous. In inciting to rebellion or sedition, the words
uttered are deliberately calculated with malice, aforethought to
incite others to rebellion or sedition.

ART. 154 UNLAWFUL USE OF MEANS OF PUBLICATION AND

UNLAWFUL UTTERANCES

Punishable Acts

1. Publishing or causing to be published, by means of printing,

lithography or any other means of publication, as news any false
news which may endanger the public order, or cause damage to the
interest or credit of the State;
2. Encouraging disobedience to the law or to the constituted
authorities or by praising, justifying or extolling any act punished
by law, by the same means or by words, utterances or speeches;
3. Maliciously publishing or causing to be published any official
resolution or document without proper authority, or before they
have been published officially; or
4. Printing, publishing or distributing books, pamphlets, periodicals,
or leaflets which do not bear the real printer’s name, or which are
classified as anonymous.

NOTE: RA 248 prohibits the reprinting reproduction, republication of

government publications and official documents without previous
authority.

Actual damage not necessary

21
Damage to the state is not necessary because mere possibility to cause
danger or damage is sufficient.

Offender must know that the news is false

If the offender does not know that the news is false, he is not liable under
this article, there being no criminal intent on his part.

Possibility of endangering the public order

If there is no possibility of danger to the public order or of causing

damage to the interest or credit of the State by the publication of the
false news, Art. 154 is not applicable.

ART. 155 ALARMS AND SCANDALS

Punishable acts

1. Discharging any rocket, firecracker, or other explosive within any

town or public place, calculated to cause alarm or danger;

NOTE: The discharge may be in one’s home since the law does not
distinguish as to where in town. The discharge of firearms and rockets
during town fiestas and festivals are not covered by the law.

2. Instigating or taking an active part in any charivari or other

disorderly meeting offensive to another or prejudicial to public
tranquility;

NOTE: The term “charivari” includes a medley of discordant voices, a

mock of serenade of discordant noises made on kettles, tins, horns, etc.,
designed to annoy and insult (Reyes, 2008).

3. Disturbing the public peace while wandering about at night or

while engaged in any other nocturnal amusements; and
4. Causing any disturbance or scandal in public places while
intoxicated or otherwise, provided Art. 153 is not applicable.

NOTE: If the disturbance is of a serious nature, the case will fall under
Art. 153 (Reyes, 2012)

Essence

The essence of the crime is disturbance of public tranquility and public

peace.

Crimes that may possibly arise if a firearm is discharged

22
 1. Alarms and scandals if the offender discharged a firearm in a public
place but the firearm is not pointed to a particular person when
discharged;
2. Illegal discharge of firearm if the firearm was directed to a
particular person who was not hit if intent to kill is not proved;
3. Attempted homicide or murder if the person was hit and there is
intent to kill;
4. Physical injuries if the person was hit and injured but there was no
intent to kill; or
5. Grave coercion if the threat was directed, immediate and serious
and the person is compelled or prevented to do something against
his will.

Possible crimes committed by creating noise and annoyance

1. Alarms and scandals if the disturbance affects the public in general

(i.e. by playing noisily during the wee hours in the morning in the
neighborhood); or
2. Unjust vexation if the noise is directed to a particular person or a
family

ART. 156 DELIVERING PRISONERS FROM JAIL

Elements

1. There is a person confined in a jail or penal establishment; and

2. That the offender removes therefrom such person, or helps the
escape of such person

Art. 156 applies even if the prisoner is in a hospital or an asylum as it is

considered an extension of the penal institution (Reyes, 2008).

How committed

Delivering prisoners from jail may be committed in two ways:

1. By removing a person confined in any jail or penal establishment –

to take away a person from the place of his confinement, with or
without the active cooperation of the person released.
2. By helping such a person to escape – to furnish that person with
the material means such as a file, ladder, rope, etc. which greatly
facilitate his escape (Alberto v. Dela Cruz, G.R. No. L-31839,
June 30, 1980).

Necessity that the person confined needs to be a prisoner by final

judgment

23
It is not necessary that the person confined be a prisoner by final
judgment. The person confined may also be a mere detention prisoner.

Persons liable

1. Usually, an outsider to the jail

2. It may also be:
a. An employee of the penal establishment who does not have
the custody of the prisoner; or
b. A prisoner who helps the escape of another prisoner.

Means employed by the offender

The offender may use violence, intimidation or bribery, in which case the
penalty shall be higher. He may also use other means to remove the
prisoner from jail or help in the escape of such prisoner.

Qualifying circumstance of bribery

It refers to the offender’s act of employing bribery as a means of

removing or delivering the prisoner from jail, and not the offender’s act
of receiving or agreeing to receive a bribe as a consideration for
committing the offense.

Mitigating circumstance

If the escape of the prisoner takes place outside of said establishments by

taking the guards by surprise, the penalty is the minimum of that
prescribed (par. 2, Art. 156, RPC).

Liability of the prisoner or detainee who escaped

1. If a detention prisoner, he does not incur liability from escaping

2. If a convict by final judgment, he will be liable for evasion of
service of his sentence

Delivering the prisoners from jail v. Infidelity in the custody of

prisoners

1. In delivering prisoners from jail, the offender is not the custodian of

the prisoner at the time of the escape/removal. In infidelity in the
custody of prisoners, offender is the custodian at the time of the
escape/removal.
2. In both, the offender may be a public officer or a private citizen. In
both crimes, the person involved may be a convict or a mere
detention prisoner.

A person delivering a prisoner from jail may be held liable as

accessory
24
If the crime committed by the prisoner for which he is confined or
serving sentence is treason, murder, or parricide, the act of taking the
place of the prisoner in the prison is that of an accessory and he may be
held liable as such, because he assists in the escape of the principal. (Art.
19, par. 3)

Applicability of PD 1829 (Obstruction of Justice)

PD 1829 is absorbed in the crime of delivery of prisoners from jail or

infidelity in the custody of prisoners.

ART. 157 EVASION BY ESCAPING DURING TERM OF SENTENCE

Elements

1. Offender is a convict by final judgment;

2. He is serving his sentence which consists in deprivation of liberty;
and
3. He evades the service of his sentence by escaping during the term
of his sentence

“Final judgment”

The term “final judgment” employed in the RPC means judgment beyond
recall. As long as a judgment has not become executory, it cannot be
truthfully said that defendant is definitely guilty of the felony charged
against him (People v. Bayotas, G.R. No. 102007, September 2,
1994).

Under Sec. 7 of Rule 16 of the Rules of Court, a judgment in a criminal

case becomes final after the lapse of the period for perfecting an appeal
or when the sentence has been partially or totally satisfied or served, or
the defendant has expressly waived in writing his right to appeal (Reyes,
2008).

Liability if the one who escaped is only a detention prisoner

He does not incur liability from escaping. However, if such prisoner

knows of the plot to remove him from jail and cooperates therein by
escaping, he himself becomes liable for delivering prisoners from jail as a
principal by indispensable cooperation.

“Escape” for purposes of applying Art. 157

"Escape" in legal parlance and for purposes of Article 157 of the RPC
means unlawful departure of prisoner from the limits of his custody.
25
Clearly, one who has not been committed and never brought to prison
cannot be said to have escaped therefrom (Del Castillo v. Torrecampo,
G.R. No. 139033, December 18, 2002).

Qualifying circumstances

If such evasion takes place by:

1. Means of unlawful entry (must be read as “scaling/ climbing

walls”);
2. Breaking doors, windows, gates, walls, roofs or floors;
3. Using picklocks, false keys, disguise, deceit, violence or
intimidation; or
4. Conniving with other convicts or employees of the penal institution.

ART. 158 EVASION ON THE OCCASION OF DISORDERS

Elements

1. Offender is a convict by final judgment who is confined in a penal

institution;
2. There is disorder, which results from:
a. Conflagration
b. Earthquake
c. Explosion
d. Other similar catastrophe, or
e. Mutiny in which he has not participated;

3. Offender evades the service of his sentence by leaving the penal

institution where he is confined on the occasion of such disorder or
during the mutiny; and
4. Offender fails to give himself up to the authorities within forty-eight
(48) hours following the issuance of a proclamation by the Chief
Executive announcing the passing away of such calamity.

Basis of liability

Liability is based on the failure to return within 48 hours after the

passing of the calamity, conflagration or mutiny had been announced and
not the act of leaving from the penal establishment.

“Mutiny” as referred under this article

The mutiny referred here involves subordinate personnel rising against

the supervisor within the penal establishment. It is one of the causes
which may authorize a convict serving sentence in the penitentiary to
leave the jail provided he has not taken part in the mutiny. If one
partakes in mutiny, he will be liable for the offenses which he committed

26
during the mutiny whether or not he returns (People v. Padilla, G. R.
No. 121917, March 12, 1997).

NOTE: The penalty of commission of this felony is an increase by 1/5 of

the time remaining to be served under the original sentence, in no case
to exceed 6 months.

The special allowance for loyalty (e.g. deduction of sentence) authorized

by Art. 98 and 158(2) refers to those convicts, who having evaded the
service of their sentences by leaving the penal institution, give
themselves up within 48 hours following the issuance of the proclamation
by the President announcing the passing away of the calamity or
catastrophe. They will be entitled to a deduction of one-fifth (1/5) of their
respective sentences.

A deduction of two-fifths (2/5) of the period of his sentence shall be

granted in case said prisoner chose to stay in the place of his
confinement notwithstanding the existence of a calamity or catastrophe
enumerated under Art. 158 (Art. 98 as amended by RA 10592).

ART. 159 EVASION BY VIOLATION OF CONDITIONAL PARDON

Elements

1. Offender was a convict;

2. That he was granted a conditional pardon by the Chief Executive;
and
3. He violated any of the conditions of such pardon.

A convict granted conditional pardon who is recommitted must be

convicted by final judgment of a court of the subsequent crime or crimes
with which he was charged before the criminal penalty for such
subsequent offense(s) can be imposed upon him. Since Article 159 of the
Revised Penal Code defines a distinct, substantive, felony, the parolee or
convict who is regarded as having violated the provisions thereof must be
charged, prosecuted and convicted by final judgment before he can be
made to suffer the penalty prescribed in Article 159 (Torres v.
Gonzales, G.R. No. 76872, July 23, 1987).

Two penalties are provided

a. Prision correccional in its minimum period – if the penalty remitted

does not exceed 6 years; or
b. The unexpired portion of the original sentence – if the penalty
remitted is higher than 6 years.

No granting of pardon before a judgment becomes final

27
As mandated by Sec. 19, Article VII of the 1987 Constitution, no pardon
may be extended before a judgment of conviction becomes final. A
judgment of conviction becomes final:
(a) when no appeal is seasonably perfected,
(b)when the accused commences to serve the sentence,
(c) when the right to appeal is expressly waived in writing, except
where the death penalty was imposed by the trial court, and
(d)when the accused applies for probation, thereby waiving his right
to appeal. Where the judgment of conviction is still pending appeal
and has not yet therefore attained finality, executive clemency may
not yet be granted by the President (People v. Salle, Jr. G.R. No.
103567, December 4, 1995).

Basis of the power of the President to grant pardon

The pardoning power of the President is provided for in Article VII as

follows: “Except in cases of impeachment, or as otherwise provided in
this Constitution, the President may grant reprieves, commutations, and
pardons, and remit fines and forfeitures, after conviction by final
judgment” (Sec. 19, Art. VII of the 1987 Constitution).”

As provided further in Sec. 64[i] of the Revised Administrative Code, the

President has the power “to grant to convicted persons reprieves or
pardons, either plenary or partial, conditional, or unconditional; to
suspend sentences without pardon, remit fines, and order the discharge
of any convicted person upon parole, subject to such conditions as he
may impose; and to authorize the arrest and reincarceration of any such
person who, in his judgment, shall fail to comply with the condition, or
conditions of his pardon, parole, or suspension of sentence.”

Evasion by violation of Conditional pardon v. Evasion of service of

sentence

Evasion by violation of conditional pardon is not a public offense for it

does not cause harm or injury to the right of another person nor does it
disturb public order. Evasion of service of sentence is a public offense
separate and independent from any other act.

ART. 160 QUASI-RECIDIVISM

Quasi-recidivism is a special aggravating circumstance where a person,

after having been convicted by final judgment, shall commit a new felony
before beginning to serve such sentence, or while serving such same. He
shall be punished by the maximum period of the penalty prescribed by
law for the new felony.

Elements

28
 1. Offender was already convicted by final judgment of one offense;
and
2. He committed a new felony before beginning to serve such
sentence or while serving the same

NOTE: Under this provision, any person who shall commit a felony after
having been convicted by final judgment, before beginning to serve such
sentence, or while serving the same, shall be punished by the maximum
period of the penalty prescribed by law for the new felony. This
circumstance has been interpreted by the Court as a special aggravating
circumstance where the penalty actually imposed is taken from the
prescribed penalty in its maximum period without regard to any generic
mitigating circumstances (People v. Temporada, G.R. No. 173473,
December 17, 2008).

29