Criminal Law

1a
branch of public law which defines
crimes, treats of their nature and
provides for their punishment

1b
Crime

2a
is the commission or omission by a
person having capacity, of any act, which
is either prohibited or compelled by law
and the commission and omission of
which is punishable by a proceeding
brought in the name of the government
whose law has been violated
2b
TREASON

3a
is a breach of allegiance, which is an
obligation of fidelity and obedience one
owes to the government or sovereign
under which he lives, in return for the
protection he receives (Laurel vs. Misa-
77 Phil. 856).
3b
TREASON (Persons liable)

4a
1) Filipino citizens - owe permanent
allegiance.
2) Resident aliens - owe temporary
allegiance.

4b
Modes of committing Treason

5a
 1.Levying war
2. Adhering to the enemy giving them aid
or comfort.

5b
Penalty for treason

6a
- Filipino offenders - Reclusion Perpetua
to Death or a fine not to exceed
P100,000 pesos
- Resident Aliens - Reclusion Temporal to
Death and a fine not to exceed P100,000
pesos. (As amended by RA 7659).
6b
Conspiracy to commit felony

7a
 when two or more persons come to an
agreement concerning the commission of
a felony and decided to commit it

7b
Proposal to commit a felony

8a
 when the person who has decided to
commit a felony proposes its execution
to some other persons

8b
Conspiracy to commit a crime is not a
crime -exceptions

9a
1) Conspiracy to commit Treason
2. Conspiracy to commit Rebellion, insu.,
or coup d'etat and
3) Conspiracy to commit Sedition.

9b
Conspiracy (evidence needed to prove
guilt)

10a
clear and convincing evidence.

10b
Conspiracy to commit Treason (Penalty)

11a
Prision Mayor and a fine not exceeding
P10,000;

11b
Proposal to commit Treason (Penalty)

12a
Prision Correccional and a fine not
exceeding P5,000.

12b
MISPRISION OF TREASON

13a
It is the failure of the citizen to report as
soon as possible a conspiracy, which
comes to his knowledge, against the
govt. But there must be a war in which
the Phil. Govt. is a party.

13b
MISPRISION OF TREASON (Possible
offender)

14a
is a Filipino ( not a foreigner).

14b
MISPRISION OF TREASON (elements)

15a
1) Offender owes allegiance to the Phil.
Govt.;
2) Filipino
3) Has knowledge of a conspiracy to
commit Treason against said govt.; &
4) Conceals or fails to disclose the same
to the authorities in which he resides.
15b
ESPIONAGE

16a
This crime is not conditioned by the
citizenship of the offender and is an
offense against national security ( Santos
vs. Misa - 70 Phil. 415).

16b
Elements of act no.1 (ESPIONAGE)

17a
1) The offender without any authority enters a
warship, fort, naval or military establishment or
reservation; and
2) He obtains information, plans, photographs,
or other data of a confidential nature relative to
the defense of the Philippines
• In the first act, it is not necessary that the
offender succeeds in obtaining the data
17b
Elements of act no. 2 (ESPIONAGE)

18a
1) The offender is a public officer ;
2) He has in his possession article, data,
or information which are confidential
relative to the defense of the Phil. Govt.;
3) He discloses their contents to a
representative of a foreign nation
18b
Distinguish Treason from Espionage:

19a
1) Treason is a war crime; Espionage can be
committed in time of peace or war;
2) Treason is committed by person who owes
allegiance to a country; while Espionage can be
committed by a foreigner or Filipino.
3) Ways of committing the crime are distinct.
Penalty - First act - Prision Correccional
- Second act - higher by next degree bec. The
offender is a pub.officer.
19b
Inciting To War of Giving Motives for
Reprisals (Offenders)

20a
any person (private individual or public
officer)

20b
Inciting To War of Giving Motives for
Reprisal (Elements)

21a
1) The offender commits unlawful or
unauthorized acts; and
2) Said acts provoke or give occasion for
a war involving or liable to involve the
Phils. or expose Filipinos to reprisals on
their persons or property.
3) This is committed in time of peace.
21b
Inciting To War of Giving Motives for
Reprisa (Penalty)

22a
Prision Mayor - if the offender is a private
individual;
Reclusion Temporal, if the offender is a
public officer.

22b
Violation of Neutrality

23a
This is committed in time of war

23b
Violation of Neutrality (Offenders:)

24a
any person

24b
Violation of Neutrality (elements)

25a
1) There is a war in which the Philippines
is not involved;
2) Competent authorities have issued
regulations to enforce neutrality; and
3) The offender violates any of said
regulations.
25b
Violation of Neutrality (Penalty )

26a
Prision Correccional

26b
CORRESPONDENCE WITH HOSTILE
COUNTRY (elements)

27a
1) That there is a war in which the Philippines is involved;
• 2) That the offender shall have correspondence with an
enemy country or territory occupies by enemy troops;
and
• 3) That said correspondence is: a) prohibited by the
govt. ( Prision Correccional); b) carried on ciphers or
conventional signs (Prision Mayor); and c) notice or
information be given thereby which might be useful to the
enemy (Reclusion Temporal) or intended by the offender
to aid the enemy (Reclusion Temporal to Death).
27b
CORRESPONDENCE WITH HOSTILE
COUNTRY (Offenders)

28a
any person

28b
(CORRESPONDENCE WITH HOSTILE
COUNTRY)
If the act is intended to aid the enemy,
this is ___ in nature, hence the penalty is
severe as in _____, but in proving it, the
_______does not apply.
29a
treasonable; Treason; two-witness rule

29b
Flight To Enemy's Country (offenders)

30a
any person

30b
Flight To Enemy's Country (elements)

31a
1) Existence of war in which the
Philippines is involved;
2) Offender owes allegiance to the
Philippines.;
3) He attempts to flee to enemy country
which is prohibited
31b
Flight To Enemy's Country (penalty)

32a
Arresto Mayor

32b
Flight To Enemy's Country (FYI)

33a
 Mere attempt to flee is punishable.
This can be committed by a foreigner
who owes temporary allegiance to the
government

33b
Piracy

34a
is robbery or forcible depredation in the
high seas, without lawful authority and
done animo furandi and in the spirit
& intention of universal hostility
(People vs. Lol-lo- 43 Phil. 19). With the
amendatory provisions of PD 532 &
RA 7659 - Piracy & Mutiny now can
be committed in Philippine waters. 34b
PIRACY & MUTINY (OFFENDERS)

35a
Any person - who is not a passenger or crew of the
vessel.
• The offenders are strangers to the vessel. The attack
against the vessel comes from the outside but the
seizure of the cargo takes place inside the vessel.
Seizure may be committed by persons who
smuggled themselves into the vessel for that
purpose. Since they are not members of the crew
nor passengers, they are therefor "strangers
35b
• Pirates are in law ______. Piracy is a crime
not against any particular state but
against all mankind.
• Piracy knows no_______ , hence the
offender can be tried in the place where
he may be found or into which he may
be carried. (Pp. vs. Lol-lo - supra).
36a
Hostis humani generis ; territorial limits

36b
Modes/manner of committing Piracy

37a
1) By attacking or seizing a vessel on the
high seas or Philippine waters; and
2) By seizing the whole or part of the
cargo or equipment of the vessel while
on the high seas or Philippine waters or
the personal belongings of its
complement or passengers.
37b
High seas

38a
waters on the sea coast which are
without low water mark, beyond the 12
nautical miles (Archipelagic Doctrine on
the Laws of the Conference of the Sea).

38b
Meaning of vessels

39a
Sec. 2 (b) of PD 532- any watercraft, such
as banca or raft or fishing boats

39b
In ________, piracy can be committed by
a______ of said vessel in Phil. waters.
However, under the amendatory
provision of , ______it is specifically
provided that the offender is
a"______" - Being the latest
amendment
• the latter should prevail. 40a
PD 532; passenger or member of the
complement; RA 7659; person who is not
a member of its complement nor a
passenger of said vessel

40b
_____ is committed whether the vessel is
____ OR ____ as long as it is
committed______the vessel, because it can
now be committed in Philippine waters.

41a
Piracy ; Anchored or moving; aboard

41b
MUTINY

42a
is an unlawful resistance to a superior
officer as the raising of commotions and
disturbance on board a ship against the
authority of its commander.

42b
Distinction between Piracy & Mutiny:

43a
1) P- attack from the vessel comes from
the outside;
M- attack are from the inside;
2) P- there is intent to gain;
M - intent to gain is immaterial

43b
Similarity (Piracy & Mutiny:)

44a
both are crimes under the Laws of the
Nations

44b
QUALIFIED PIRACY (Modes of
committing it:)

45a
1) Whenever the offenders have seized a
vessel by boarding or firing upon the same;
2) Whenever the pirates have abandoned
their victims without means of saving
themselves; or
3) Whenever the crime is accompanied by
murder, homicide, physical injuries or rape.
45b
Is there a Qualified Mutiny?

46a
Is there a Qualified Mutiny? - Art. 123 - provides "
any of the crimes referred to in the preceding
article". Hence, it embraces not only piracy but also
mutiny. So, there is such crime as Qualified Mutiny.
However, as far as Qualified Mutiny is concerned, only
pars. 2 & 3 will apply, because the offenders in par. 1
are outsiders.
The Murder, Homicide, Physical Injuries or Rape are
special aggravating & as these accompanied the
crime of Qualified Piracy/Mutiny- hence such cannot make
the crime complex.
46b
ARBITRARY DETENTION

47a
It is the deprivation by a public officer of
the liberty of a person without any legal
ground.

47b
Offenders OF ARBITRARY DETENTION

48a
Public Officer or employee. He must be
vested with the authority to detain or
order the detention of persons accused
of a crime. Exs. Policemen & other
agents of the law, judges or mayors.
(if committed by a private individual -
Illegal Detention).
48b
(Pp. vs. Camerino) ARBITRARY
DETENTION

49a
if a private individual conspired with
public officers then they can be held
liable for Arbitrary Detention

49b
ARBITRARY DETENTION (Acts)

50a
 1) He detains a person
2) Without legal grounds

50b
Legal grounds to detain a person

51a
 1) commission of a crime
2) violent insanity or other ailment
requiring confinement at the hospital.

51b
In ______, the detention at the very _____ is
unlawful because there is no___ and there
is no lawful cause as provided under the
Rules of Court.

52a
Arbitrary Detention; inception; warrant of
arrest

52b
Rule 113, Sec. 5: Valid Warrantless Arrest:

53a
1) When in his presence, the person has committed, is
actually committing, or is attempting to commit an
offense;
2) when an offense has just been committed that he
has probable cause to believe based on personal
knowledge of facts or circumstances that the person
to be arrested has committed it; and
3) when the person to be arrested is a
prisoner who has escaped from penal establishment.
53b
Warrant of Arrest

54a
is an order in writing issued in the name
of the People of the Phils., signed by a
judge and directed to a peace officer,
commanding him to take into custody a
person who may be bound to answer for
the commission of a crime.
54b
Warrant of Arrest Either:

55a
 1) actual restraint
2) by his submission
No violence or unnecessary force shall
be used.

55b
Detention

56a
deprivation or restraint of liberty

56b
Delay In The Delivery of Detained
Persons To The Proper Judicial
Authorities (Offenders)

57a
Public Officer or employee

57b
Delay In The Delivery of Detained
Persons To The Proper Judicial
Authorities

58a
In this felony, the detention is legal but the
public officer failed to deliver the detained
persons to the proper judicial authorities within
the prescribed no. of hours: 12 hours for crimes
punishable with light penalties; 18 hours for
crimes punishable with correctional penalties
and 36 hours for crimes punishable with
afflictive or capital penalties (Executive Order
272).
58b
Delay In The Delivery of Detained
Persons To The Proper Judicial
Authorities (fyi)

59a
This is a felony by omission.
If a private individual conspires with the
public official, then he can be held liable
under this law (applying the Camerino
doctrine by analogy).

59b
Judicial Authority

60a
- means the courts of justice, or judges
of the courts vested with judicial power
to order the temporary detention or
confinement of a person charged with
having committed an offense.

60b
Delivery of a detained person consists in
_____

61a
making a charge or filing a complaint
against the prisoner with the proper
court.

61b
Delay In The Delivery of Detained
Persons To The Proper Judicial
Authorities. It does not mean the physical
delivery of the prisoner. (true or false)

62a
true

62b
Miranda Doctrine ( RA 7438).

63a
A detained person upon arrest should be
informed of his rights

63b
A detained person _____ should be
informed of his rights

64a
upon arrest

64b
Procedure: Sec. 7: Rule 112- Rules of
Court:
When a person is lawfully arrested
without a ____ involving an offense which
requires a ________ the______ may be filed by
a______ without need of such investigation
provided an ______has been conducted in
accordance with existing rules. X x x x 65a
 warrant ; preliminary investigation
;complaint or information; prosecutor;
inquest

65b
Before the complaint or information is
filed, the person arrested may ask for a
_____but he must sign a ____ of the
provisions of Art. 125 of the RPC, as
amended, in the ____. Notwithstanding the
waiver, he may apply for bail and the
investigation must be terminated within 15
days from its inception 66a
preliminary investigation, waiver ,
presence of his counsel

66b
If the filing of the complaint or
information is done without preliminary
investigation, the accused may, within _____
from the time____________ , may ask for a
preliminary investigation with the same
right to _______in his defense.
67a
5 days, he learns of the filing of the
information or complaint ;adduce
evidence

67b
Preliminary Investigation

68a
is an inquiry or proceeding to determine
whether there is sufficient ground to
engender a well-founded belief that a
crime has been committed and the
respondent is probably guilty thereof,
and should be held liable for trial.
68b
Preliminary Investigation -Purposes:

69a
1) to determine if a crime has been committed:
2) to protect the accused from the
inconvenience, expense and burden of
defending himself;
3) to secure the innocent against a hasty,
malicious and oppressive prosecution;
4) to protect the state from having to conduct
useless and expensive trials.
69b
REPUBLIC ACT NO. 7438- custodial
investigation involves ____

70a
questioning initiated by law enforcement
after a person is taken into custody or
otherwise deprived of his freedom of
action. When the suspect is taken into
custody and the police carries out a
process of interrogations that tends to elicit
incriminating statements, the rule begins to
operate ( Pp. vs. Tan - 91 SCAD).
70b
Sanchez vs. Demetriou - en banc -
application of _______ of the body, physical
restraint or formal declaration of arrest is
not required. It is enough that there is_____.
Custodial investigation includes
"invitation".
71a
actual force, manual touching ; intent.

71b
Rationale of Article 125

72a
is intended to prevent any abuse resulting from
confining a person without informing him of his
offense and without permitting him to go on
bail.
Furthermore, it penalizes a public officer who
shall detain a person for some legal grounds
and shall fail to deliver the said person to the
proper court within the period prescribed by
law.
72b
detention becomes arbitrary only when?

73a
 the time required for the delivery of
prisoner to the judicial authority lapses.

73b
The 12-18-36 hours do not run when the
courts are ______ to receive the complaint
or information being filed.

74a
not open

74b
This article contemplates petitions for the
release of a detained person, e.g. habeas
corpus proceeding. T

75a
DELAYING RELEASE

75b
The same penalties provided for in
Article 124 shall be imposed upon any
public officer or employee who delays
for the period of time specified therein:

76a
DELAYING RELEASE (penalty)

76b
any public officer or employee

77a
DELAYING RELEASE (offender)

77b
1) The performance of any judicial or executive
order for the release of a prisoner or detention
prisoner;
2) Unduly delays the service of the notice of
such order to said prisoner; or
3) Delays the proceedings upon the petition for
the liberation of such person.
(Possible offenders - Warden, process server or
judge).
78a
DELAYING RELEASE (elements)

78b
Public officer/employee- not authorized
by law

79a
EXPULSION (offender)

79b
a) expel any person from the Phil. Island;
or
b) compel such person to change his
address.

80a
EXPULSION (Acts:)

80b
This is a crime against constitutional
rights of abode and changing the same
under the Bill of Rights (Villavicencio vs.
kban- 39 Phil).

81a
EXPULSION

81b
Prision Correccional

82a
EXPULSION (penalty)

82b
Only the President of the Philippines in
the exercise of his power of deportation
and the courts after final judgment
sentencing the accused to destierro or
as a condition in his probation are
authorized by law to expel or compel
persons to change their abode. A Filipino
citizen is not subject to expulsion. 83a
EXPULSION (exemption)

83b
 1) Public officer
2) Employee- who are not authorized by
any judicial order.

84a
VIOLATION OF DOMICILE (offenders)

84b
a) enters any dwelling against the will of
the owner;
b) searches papers or other effects
found therein without the previous
consent of the owner; and
c) having surreptitiously entered such
dwelling, and being required to leave the
premises, he refuses to do so. 85a
VIOLATION OF DOMICILE (Acts:)

85b
Search Warrant

86a
VIOLATION OF DOMICILE ( judicial order
)

86b
which is an order in writing issued in the
name of the People of the Philippines,
signed by a judge and directed to a
peace officer, commanding him to search
for personal property described therein
and bring it before the court.
87a
Search Warrant

87b
- presupposes opposition or prohibition,
by the owner, whether express or
implied( when the door is locked).

88a
VIOLATION OF DOMICILE (Against the
will)

88b
If the entry is committed by a private
person (VIOLATION OF DOMICILE )

89a
Qualified Trespass To Dwelling.

89b
 a) nighttime ; and
b) if any papers or effects not
constituting a crime be not returned
immediately after the search.

90a
VIOLATION OF DOMICILE (Special
aggravating circumstances: )

90b
When a person who admitted the public officer
is one with sufficient discretion, the right to
privacy is waived, hence, prohibition thereafter
made can no longer constitute violation of
domicile. Permission once given cannot be
recalled anymore. When he is admitted and he
starts to search, the owner must stop him,
otherwise permission is given.
91a
VIOLATION OF DOMICILE (fyi)

91b
Section 2, Art. III- Constitution - The right
of the people to be secure against
unreasonable searches and seizures of
whatever nature for any purpose shall be
inviolable

92a
VIOLATION OF DOMICILE (Reason
behind the law)

92b
1) Public officer
2) Employee

93a
Search Warrant Maliciously Obtained &
Abuse In THE SERVICE OF THOSE
LEGALLY OBTAINED (offenders)

93b
a) procuring a search warrant without just
cause; and
b) exceeding the authority or using
unnecessary severity in executing a
search warrant legally obtained.

94a
Search Warrant Maliciously Obtained &
Abuse In THE SERVICE OF THOSE
LEGALLY OBTAINED - Acts:

94b
1) Application under oath;
2) Probable cause which must be determined by the
Judge himself, by conducting searching questions and
answers, in writing and under oath;
3) the probable cause must be in connection with one
specific offense;
4) must particularly described the place to be searched
and the persons and things to be seized;
5) the sworn statements and affidavits of the witnesses
must be attached t the records (Prudente vs. Dayrit- l989)
95a
Requisites for a Valid Search Warrant

95b
The commission of any of these acts is
independent of the liability for the
commission of any other offenses: 1)
Abuse in the service of SW; 2) Serious
Physical Injuries (not complex crime- 2
crimes - 2 sep. penalties)
96a
Search Warrant Maliciously Obtained &
Abuse In THE SERVICE OF THOSE
LEGALLY OBTAINED - fyi

96b
AM max to PC min. + a fine not
exceeding P1,000

97a
Search Warrant Maliciously Obtained &
Abuse In THE SERVICE OF THOSE
LEGALLY OBTAINED - PENALTY

97b
1) any court within whose territorial jurisdiction a crime is committed;
2) for compelling reasons, any court within the judicial region where the crime was
committed if the place of the
commission of the crime is known, or any court within the judicial region where the
warrant shall be enforced; (But if a criminal action has already been filed, then the
application shall be filed only in the court where the criminal action is pending)-
Sec. 2 - Rule 126 - Revised Rules on Criminal Procedure as amended under Adm.
Circular no. 13, Oct. 1, l985 and Adm. Circular no. 19, August 4, l987.
Sec. 5- Ibid- The judge must personally examine the applicant in the form of
searching questions and answer, in writing and under oath.
Under oath - can be liable of Perjury.
Probable cause - such reasons supported by facts and circs. w/c will warrant a
cautious man to believe that his actions and the means used are just and proper
(Manalili vs. CA- 280 SCRA)

98a
Search Warrant Maliciously Obtained &
Abuse In THE SERVICE OF THOSE
LEGALLY OBTAINED - Where to file
applications?

98b
1) subject of the offense
2) stolen or embezzled and other
proceeds or fruits of the offense;
3) used or intended to be used in the
commission of the crime.
Specific place - no discretion for the
searching officers, to avoid unreasonable.
99a
Personal property to be seized:

99b
whether it has been drawn in such
manner that perjury could be charged
thereon and affiant be held for damages
(Alvarez vs. CA - 64 Phil. 33).

100a
true test of sufficiency of an affidavit to
warrant issuance of a search warrant

100b
1) search incident to a lawful arrest;
2) search of a moving vehicle
(Bagista -214 SCRA 63)
3) consented search (Pp. vs.Kagui
Malasugui- 63 Phil. 221)
4) search of evidence in plain view
5) viol. of Tariff and Customs Code, except in dwelling ( Pp. vs.
Lacerna- 86 SCAD 608)
6) search based on probable cause under
extraordinary/exigent circumstances-
7) Stop and frisk Posadas vs. CA- l88 SCRA 288 & Valmonte vs.
Villa -178 SCRA 211- flagrante delicto.
101a
Warrantless search and seizure:

101b
 Manipon,Jr. vs. Sandiganbayan - 143
SCRA 267)- come upon the object
inadvertently & open to the eye;

102a
evidence in plain view

102b
added by Justice Puno- catch all
category-Valmonte vs. Villa - 178 SCRA
211;Malmsted case; Tangliben.
Search in check point- between the
inherent right of the State to protect its
existence & promote public welfare
& on indiv's. right against
warrantless search - former shall prevail. 103a
Exigent circumstance

103b
Posadas vs. CA- l88 SCRA 288 &
Valmonte vs. Villa -178 SCRA 211-
flagrante delicto.

104a
Stop and frisk

104b
 Public officer/employee
armed with search warrant

105a
SEARCHING DOMICILE WITHOUT
WITNESSES -Offender :

105b
Search a domicile in the absence of :
a) person to be searched
b) member of his family
c) in their default, in the presence of two
witnesses residing in the same locality
(sufficient age and discretion)- Sec. 8,
Rule 126 Rev. Rules on Crim. Proc.
106a
SEARCHING DOMICILE WITHOUT
WITNESSES -Act:

106b
1) WA - a case is already filed
SW - not necessarily
2) WA - served anytime of the day or night
SW - only during daytime (if served during
nighttime- there must be a suppor-ting affidavit of
urgency;
3) WA - persons
SW - usually for things/items
4) WA - no lifetime (exc. when already served)
SW - valid only for 10 days
107a
Warrant of Arrest and Search Warrant: -
Distinction

107b
1) Public officers
2) employees

108a
 PROHIBITION, INTERRUPTION &
DISSOLUTION OF PEACEFUL MEETINGS
(PID) -Offenders:

108b
1) without legal grounds, shall prohibit or interrupt the holding
of a peaceful meeting or dissolve the same;
Elems: 1) meeting is peaceful- if not- official is duty bound to
dissolve the same;
2) for legal purpose - otherwise - Art. 146 is committed-
(Illegal Assembly)
3) officer is not a member thereof (stranger) - Pp. vs. Calera-
45 O.G. 2573- If not stranger - Art. 287- Unjust Vexation
If the meeting is legislative - - Art. 144- Pp. vs. Alipit - 44 Phil.
910
4) disturbs the same.
109a
 PROHIBITION, INTERRUPTION &
DISSOLUTION OF PEACEFUL MEETINGS
(PID) -Acts:

109b
The right of the govt. to require permit for
regulatory purposes has been upheld by the
Supreme Court. The regulatory purpose covers
the time and place where the assembly is to be
held to safeguard the right of the public &
protect them from inconvenience- Reyes vs.
Bagatsing - 125 SCRA & Tanada vs.
Bagatsing - Aug. 1984.
110a
 PROHIBITION, INTERRUPTION &
DISSOLUTION OF PEACEFUL MEETINGS
-fyi

110b
not religious ceremonies - if dissolved -
Art. 131 is violated and not Art. 132- Pp.
vs. Reyes - July 2, l955 & Pp. vs.
Mandoriao- 51 OG 4619.

111a
Meetings held by religious sect

111b
regulatory - not to prevent peaceful assemblies. The
Mayors possess reasonable discretion to determine
public place - Navarro vs. Villegas - 31 SCRA 371.
(Ortega - does not agree to the opinion that if the
mayor dictates the place - it is a violation of the law.
If in the beginning the assembly is peaceful, then
later the participants became unruly - commit the
crimes- Inciting to Sedition - meeting now can be
dissolved . Permit is not a license to commit a crime.
112a
 PROHIBITION, INTERRUPTION &
DISSOLUTION OF PEACEFUL MEETINGS
-The requiring of a permit

112b
1) Dangerous Tendency Rule - applicable
during time of national unrest- e.g.
prevent coups;
2) Clear & Present Danger Rule -
applicable in time of peace;

113a
 PROHIBITION, INTERRUPTION &
DISSOLUTION OF PEACEFUL MEETINGS
-Two criteria:

113b
applicable during time of national unrest-
e.g. prevent coups;

114a
Dangerous Tendency Rule

114b
applicable in time of peace; ) Shall hinder any
person from joining any lawful association or
from attending any of its meetings;.
3) Shall prohibit or hinder any person from
addressing any petition to the authorities for
correction of abuses or redress of grievance.
(no subservion law - RA 7736 - repealed RA
1700 - l992) stricter rule.
115a
Clear & Present Danger Rule

115b
3) Shall prohibit or hinder any person
from addressing any petition to the
authorities for correction of abuses or
redress of grievance. (no subservion law
- RA 7736 - repealed RA 1700 - l992)

116a
no subservion law

116b
1) Public officers
2) employees

117a
INTERRUPTION OF RELIGIOUS
WORSHIP -Offenders:

117b
1) Prevent religious ceremonies
2) Disturbing the ceremonies or
manifestation of any religion

118a
INTERRUPTION OF RELIGIOUS
WORSHIP -Acts:

118b
PC- min period - w/ threats /violence -
PC max.

119a
INTERRUPTION OF RELIGIOUS
WORSHIP -Penalty

119b
Dec. 29, l955 - Priest was prevented from
saying the mass
NTERRUPTION OF RELIGIOUS WORSHIP

120a
Pp. vs. Mojica

120b
activities in the house w/ 20 to 30 people
( prayer meetings - Couples for Christ).
This refers to exercise of religious
manifestation - not quasi-religious
ceremonies- house blessings.

121a
Included in the religious services

121b
1) Public officer/employee;
2) private individuals - this is the
only crime against the Fundamental Laws
of the State that can be committed by a
private individual.

122a
OFFENDING RELIGIOUS FEELING -
Offenders

122b
1) Notoriously offensive to feelings of the
faithful
2) performed in a place devoted to
religious worship or during the
celebration of a religious ceremony. -
Baes cs. - causing a funeral held in
accordance with the rites of a rel. sect to
pass through the catholicchurch. 123a
OFFENDING RELIGIOUS FEELING- Acts:

123b
Notoriously offensive to feelings of the
faithful (ridicule rel. dogma)

124a
Pp. vs. Baes - 68 Phil. 203

124b
stoning a minister while in the act of
preaching.

125a
Pp. vs. Migallos - Aug. 5, l955

125b
is to be judged by the feelings of the
followers and not by the offenders.

126a
Whether the act is offensive notoriously

126b
- accused played dance music when
theCatholics were about to pray the
rosary.

127a
Pp. vs. Tamarra - July 1, l963-

127b
drunk person entered w/ uplifted hands
while the congregation of the Assembly
of God was having its afternoon session
and then grabbed the song leader-
Unjust Vexation.

128a
Pp.vs. Nanoy- 69 OG. 8043

128b
Any person: a) Leader -
b) followers-

129a
REBELLION OR INSURRECTION -
Offenders

129b
) Leader -who promotes, maintains or
leads the rebellion.
If unknown, spokesman, signatories of
docs.- can be punished as leaders.
Pen. - Reclusion Perpetua

130a
REBELLION OR INSURRECTION a)
Leader -

130b
Pen.- Reclusion Temporal

131a
REBELLION OR INSURRECTION -
followers-

131b
1) Remove from the allegiance o the
government or its laws, or Phil. Territory
or any part thereof;
2) Deprive the chief executive or
legislative, wholly or partially of any of
their powers.
132a
REBELLION OR INSURRECTION-Acts:

132b
1)public uprising (rising publicly)
2) taking up arms

133a
REBELLION OR INSURRECTION-
Elements:

133b
 to overthrow the duly constituted
authority in order to establish another
form of government.

134a
REBELLION OR INSURRECTION -
Purpose:

134b
This is a crime against Public Order
REBELLION OR INSURRECTION
If the acts of killing are not shown to be
with political end or political order- not
Rebellion

135a
Pp. vs. Asuncion - April l992.

135b
. Prosecutor has the choice/ discretion to
choose what crime to file.

136a
Baylosis vs. Chavez- 202 SCRA l99-

136b
No complex crime of Rebellion with
Murder, Arson, Robbery or other serious
Crimes, committed as a means to or a
furtherance of the rebellion

137a
Enrile vs. Salazar- 186 SCRA - l990.

137b
a) swift attack accompanied w/ violence,
intimidation, threat,strategy or stealth;
b) directed against military
camp/installations, communications,
public utilities/ facilities;

138a
COUP D'TAT- Elements:

138b
Any person or persons belonging to the
military, police or public officer w/ or
w/o civilian support.

139a
COUP D'TAT- Offenders:

139b
seize or diminish state powers.

140a
COUP D'TAT - Purpose

140b
1) Essence of the crime
R- rising publicly & taking up arms
against the govt.
C- swift attack against govt./ mil.
institutions, communication
facilities, pub. Utilities essential in the exercise of govt. powers;
2) No. of offenders:
R- involves multitude of people
C- committed singly or collectively
3) Offenders:
R- perpetrated by any person (doesn't
require to be mil., police AFP or
public officer;
C- principal offenders are members of
AFP, PNP or public officers w/ or w/o
civilian support;
4) Purpose:
R- overthrow the govt.
C- destabilizing or immobilizing or
paralyze the existing govt. & taking
over some facilities which are needed
for the exercise of govt. powers;
5) How committed:
R- through force & violence
C- not only through force or violence
but also threats, intimidation,
Strategy or stealth;
Utility workers cannot commit coup d'tat.

141a
REBELLION v COUP D'TAT -disctinctions

141b
to be updated

142a
Penalty for Reb., Ins. or Coup d'tat

142b
Article 136

143a
: Conspiracy and Proposal to commit
coup d'tat, rebellion or insurrection

143b
Disloyalty of Public Officers or
Employees (By failing to resist a
rebellion or continuing to discharge the
functions of their office) "J. opinion this is
unfair"

144a
Disloyalty of Public Officers or
Employees

144b
Any person

145a
INCITING TO REBELLION OR
INSURRECTION -Offender:

145b
) Offender must not take up arms or is not in
open hostility against the govt.;
2) Incite other to commit rebellion or
insurrection;
3) means employed are speeches, writings,
emblems, or any similar means.
The purpose of the meeting is always illegal as
it is held to incite persons to commit rebellion
146a
INCITING TO REBELLION OR
INSURRECTION - Elements:

146b
 1. )Any person
2) Public Officers (Pp.vs. Cabrera- 43 Phil.
64).

147a
SEDITION - offender:

147b
there is public and tumultuous uprising in
order to attain by force, intimidation, or
any other means outside of legal
methods, the following objectives:

148a
SEDITION - means

148b
1) To prevent the promulgation or execution of any law or the
holding of any popular election;
2) To prevent the National Govt., or any provincial or municipal
govt., or any public officer thereof from freely exercising its or his
functions, or prevent the execution of any administrative order;
3) To inflict any act of hate or revenge upon the person or
property of any public officer or employee;
4) To commit, for any political or social end, any act of hate or
revenge against private persons or any social class;
5) To despoil, for any political or social end, any person,
municipality or province, or the National Government of all its
property or any part thereof.
149a
SEDITION - objectives

149b
involves disturbance of public order
resulting from a tumultuous uprising.
Sedition is a crime of dissent or protest
by means outside of legal methods.
It is done in excess of the legal means
authorized under the freedom of
expression and of assembly under the
Constitution. 150a
SEDITION

150b
a violation of the public peace or at least
such a course of a measure as evidently
engenders it (Pp. vs. Perez - 45 Phil. 599).

151a
SEDITION -ultimate object

151b
Murder is not an object of Sedition. So, if
the accused fired upon a truck killing
several persons, including two policemen, it
not being shown that the purpose was to
prevent the policemen from performing
their functions or to inflict an act of hate or
revenge upon their persons, Sedition is
not committed, but Multiple Murder
152a
(Pp. vs. Mendoza - L-1271-May 5, l950).

152b
the right to assembly and to petition for
redress of grievances would become a delusion and
snare the attempt to exercise it on the most righteous
occasion and in the most peaceful manner would
expose all those who took part therein to the
severest and most unmerited punishment, if the
purposes which they have sought to attain did not
happen to be pleasing to the prosecuting authorities
(Dissenting Opinion of Justice Teehankee, citingU.S.
vs. Apurado in Reyes vs. Bagatsing, Nov. l983
153a
When disorderly conduct occurs during a
rally, will it bring about the crime of
Sedition?

153b
There is no complex crime of Sedition w/
Murder nor is Murder absorbed in
Sedition. Sedition & Murder are two
separate crimes

154a
Pp. vs. Kamlon- 9 SCRA 252

154b
1) Purpose: R- overthrow the duly constituted govt.;
S- maybe political or social for carrying out protest or disobedience from a govt.
action and not for the purpose of overthrowing the govt.
2) R-use of firearm is essential. It is an ingredient.;
S- Use of firearm is not an essential ingredient. (However in RA 8294, Sedition is
included among the crimes which absorb the use of unlicensed firearm as an
element thereof);
3) The offender cannot be prosecuted for Illegal Possession of Firearms because
this is absorbed in the crime of Rebellion;
S- Now - offenders can no longer be prosecuted for Illegal Possession of Firearms
bec. of RA 8294.
Exs.1) Shouting that the head of the governor be cut off (Pp. vs. Perez-supra)
2) Inciting the constabulary to use their weapons against their commanders (Pp vs.
Feleo - 59 Phil. 451)
Dangerous Tendency Rule rather than the clear and present danger rule is being
adopted here.
155a
Rebellion & Sedition: Distinctions

155b
1) Scheduled meeting of the Nat. Assembly, or any of
its committees or sub-committees, constitutional
commissions, or committees or divisions thereof, or
of any provincial board, city council or municipal
council of board sim. bodies;
2) the offenders prevent such meeting by force or
fraud;
Penalty- Prision correccional or a fine ranging from
200 to 2,000 pesos or both;
Barangay meeting is included
156a
ACTS TENDING TO PREVENT THE
MEETING OF THE ASSEMBLY AND
SIMILAR BODIES -Elements:

156b
1) An actual meeting of the National Assembly or
congress of the Phils., or any of its committees, or sub-
committees, etc...,provincial board, city or municipal
council & sim. bodies;
2) the offender commits any of the following acts:
a) disturbing said meeting;
b) behaving in the presence of said board in such a
manner as to disrupt its proceedings or to impair the
respect due it.
The accused may also be punished for contempt (Lopez
vs. De Los Reyes-55
157a
DISTURBANCE OF PROCEEDINGS-
Elements:

157b
1) Using force, intimidation, threats or fraud to
prevent any member of Congress from: a)
attending any of its committees; b) expressing
his opinions; or c) casting his votes;
2) Arresting or searching any member thereof
while Congress is in regular or special session
except in case such member has committed a
crime punishable under this Code by a penalty
higher than Prision Mayor.
158a
VIOLATION OF PARLIAMENTARY
IMMUNITY -Acts punished

158b
Any person or public officer.

159a
VIOLATION OF PARLIAMENTARY
IMMUNITY -Offender:

159b
does not mean exemption from criminal
liability except from a crime that may
arise from any speech that the member
of congress may deliver on the floor
during a regular or special session.

160a
Parliamentary immunity (fyi)

160b
a gathering or group, whether in a fixed
place or moving.

161a
ILLEGAL ASSEMBLIES- Meeting

161b
1) A meeting attended by armed person
for the purpose of committing any of the
crimes punishable under this Code;
2) A meeting in which the audience is
incited to the commission of the crimes
of Treason, Rebellion or Insurrection,
Sedition or Assault upon a person in
authority or his agent. 162a
Illegal Assemblies -kinds

162b
1) Organizers or leaders; and
2) Those merely attending.

163a
ILLEGAL ASSEMBLIES -Persons liable:

163b
Organizers or Leaders - PC in its max.
per. to PM in its med. per.
Those merely attending- Arresto Mayor,
except if they are armed - PC

164a
ILLEGAL ASSEMBLIES - penalty

164b
When a person carries unlicensed firearm
in said meeting, it shall be presumed that:
a) he is the leader; b) purpose is to
commit acts punishable under this Code.

165a
ILLEGAL ASSEMBLIES- unlicensed
firearm

165b
1) Those totally or partially organized for
the purpose of committing any crimes
punishable under the Code;
2) Those totally or partially organized for
some purpose contrary to public morals.

166a
ILLEGAL ASSOCIATIONS: -kinds

166b
: a) Founders, Directors or President;
b) Members.

167a
ILLEGAL ASSOCIATIONS: - Persons
liable

167b
refer to acts that affect the interest of society and
public convenience. It is not confined to limited
concept of "good customs" and covers a system of
judicial precepts founded on human nature that
regulate public convenience. It refers to acts that are
in accordance with natural and positive laws. The
gravamen of the offense is the forming of an asso. for
the purpose of criminal activities prohibited by the
Code or special laws against public morals or any
act prejudicial to public welfare.
168a
"Public Morals"

168b
1) Without public uprising, by employing force
or intimidation to attain any of the purposes
enumerated in the crimes of Rebellion or
Sedition; and
2) By attacking, employing force, seriously
intimidating or seriously resisting any person in
authority or any of his agents, while engaged in
the performance of official duties or on the
occasion of said performance.
169a
DIRECT ASSAULT -kinds

169b
a) That there be no public uprising;
b) Force or intimidation is employed; &
c) To attain any of the purposes of
Rebellion or Sedition (Pp. vs. Jingco-
Dec. 31, l965). This kind of DA is in reality
Rebellion or Sedition short of public
uprising, and is therefore, very rare.
170a
DIRECT ASSAULT first kind -elements

170b
a) No public uprising;
b) Offender attacks or employs force or seriously
intimidates or seriously resists another;
c) Offended party is a person in authority or his
agents;
d) Offended party was assaulted while in the
performance of official duties or on the occasion of
such performance; and
e) Offender knows that the person assaulted is a
person in authority or his agent.
171a
DIRECT ASSAULT Elems. of the 2nd kind
of DA:

171b
: a) by attacking; b) by employing force;
c) by seriously intimidating; or
d) by seriously resisting a person in
authority or his agent.

172a
DIRECT ASSAULT 2nd kind-. acts

172b
The felony becomes qualified if the
offender:
a) uses a weapon;
b) is a public officer or employee; and
c) he lays hand upon the person in
authority
173a
DIRECT ASSAULT 2nd kind-. QUALIFIED
DA

173b
is any offensive or antagonistic
movement or action of any kind. Ex.
Drawing of a pistol from the holster at
the hip and the aiming of that pistol at a
person (Pp. vs. Ladena- G.R. No. 6008-R).

174a
"Attack"

174b
. Ex. Drawing of a pistol from the holster
at the hip and the aiming of that pistol at
a person

175a
(Pp. vs. Ladena- G.R. No. 6008-R).

175b
to frighten or instill fear.

176a
"Intimidate"

176b
to exert force in opposition, or manifest
intention to defy.

177a
"Resist"

177b
- ( Art. 152-par. 1-RPC) - any person
directly vested with jurisdiction( which
means the power or authority to govern
and execute the laws). Ex. The authority
vested upon the judges to administer
justice and render judgment. (Pp.
vs.Mendoza- 559 Phil. 163).
178a
Person in Authority

178b
(Art. 152-par. 2) -any person who by direct provision
of law or by election or by appointment by
competent authority, is charged with the
maintenance of public order.
Ex. Police Officers
Other exs. of persons in authority: Barangay
Captains, Lupon Members & Brgy. Councilors
(Local Govt. Code)-(Pp. vs. Sion- August l997);
Teachers (Magna Carta for Teachers).
179a
Agent of person in authority

179b
refers to the legitimate exercise of the
functions of the person in authority. The
duties must be performed according to
law.

180a
" In the performance of official duties"

180b
means the impelling motive of the attack
is the performance of official duty. The
words "on occasion" signify "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 vs. CA).
181a
" On the occasion of such performance"

181b
is to inflict upon him physical injury. Ex. Strike him with the hands;
choke or suffocate him.
DA is a crime brought about by the spirit of lawlessness displayed
in the commission of the act. It will arise when the act committed is
indicative that the offender is utterly lawless or against the rule of
law. When an attack is made to a person in authority while in the
performance of his duty, the crime is DA, whatever his reason may
be for attacking . If made when the officer is off-duty, the
offender's reason for the attack should be examined. If the attack is
related to the past performance of duty, then there is DA;
otherwise, none. Hence, motive becomes material in the proper
determination of the offense committed.
182a
" To lay hands upon a person in authority"

182b
Generally, the offender must be aware that the offended party is
possessed of authority. Hence, if he does not know that the
offended party is a public officer, DA is not committed. This is
subject, however, to the rule of "ignorance of the law excuses no
one" : whether the public officer is a person in authority (PA) or an
agent of a person in authority (APA), within the meaning of Art. 152
is a question of law, ignorance of which is not excused. That means,
that the offender does not have to know that he is included in Art.
152 as long as he knows that he is a public officer.
By virtue of Art. 152, any person (civilian) who comes to the aid of a
PA becomes an APA. If the victim of the DA is a PA and a civilian
aids him, the latter becomes an APA.
183a
DIRECT ASSAULT- FYI

183b
Ricardo Gonzalodo, public school teacher in the Matabang Elementary School of Talisay,
Negros Occidental, sustained injuries in the hands of Jingco and his wife in the afternoon of
Oct. 31, l963, just outside the classroom where Gonzalodo was holding his class as a result
of the attempt of the appellant and his wife to collect the debt of Gonzalodo.
The SC ruled that there was no DA. Gonzalodo came out of the classroom voluntarily; he
went where, as a teacher during class hour, he had no business to be, although he was
within the school premises, and so he was not in the performance of his duty. Thus Jingco
cannot be convicted of the crime of DA upon a PA under Art. 148.
Force must be employed to defy the authorities. The force must be serious and must be of
such a character as to show contempt for authority. Casual force which usually
accompanies resistance or disobedience to authorities is not sufficient. It has reference to
something more dangerous to civil society.
DA may be complexed with common crimes. So there can be DA w/ Murder, DA w/
Frustrated Murder, DA w/ Att. Murder, DA w/ Serious Physical Injuries, DA w/ Less Serious
Physical Injuries. But if the injury is only slight, then this is absorbed in the crime of DA.

184a
Pp. vs. Salvador Jingco- G.R. No. 05271-
CR

184b
: PC in its minimum period & a fine
not exceeding P500 - ordinary DA.
If qualified: PC in its medium & max.
periods and a fine not exceeding P1,000.

185a
DIRECT ASSAULT penalty

185b
1) DA is committed against an agent of a
person in authority;
2) the offended party comes to the aid
of said agent of a person in authority;
and
3) offender uses force or intimidation
upon said offended party.
186a
INDIRECT ASSAULTS-Elements

186b
a private person who comes to the aid of a
person in authority becomes an agent of a
person in authority. If such private person is
himself assaulted,while coming to the aid of a
person in authority, DA is committed. However,
if a private person who comes to the aid of an
agent of a person in authority on the occasion
of a direct assault being committed against the
latter, is assaulted, Indirect Assault is committed.
187a
Under RA 1978

187b
PC in its min. & med. periods & a fine not
exceeding P500.

188a
INDIRECT ASSAULTS -Penalty

188b
Acts punished:
1) Disobedience w/o legal excuse to summons issued by the
National Assembly (now Congress) or any of its committees or
subcommittees;
2) refusal of any person present before a legislative or
constitutional or official to:
a) be sworn or placed under affirmation;
b) to answer any legal inquiry;
c) to produce any books, papers, documents, or records in his
possession when required to do so by said bodies in the
exercise of their functions.
189a
DISOBEDIENCE TO SUMMONS ISSUED
BY THE NATIONAL ASSEMBLY, ITS
COMMITTEES OR SUBCOMMITTEES, BY
THE CONSTITUTIONAL COMMISSION,
ITS COMMITTEES, SUBCOMMITTEES OR
DIVISIONS-
189b
a) Any person who commits any of the
above acts;
b) any person who: i) restrains another
from attending as a witness; ii) induces
him to disobey a summon; iii) who
induces him to refuse to be sworn in by
such body.
190a
DISOBEDIENCE TO SUMMONS
...Persons liable

190b
Any of these acts may also constitute
contempt of Congress and could be
punished as such independent of the
criminal prosecution .). Such power must be
considered implied or incidental to the
exercise of legislative power or necessary
to effectuate said power ( Arnault vs.
Balagtas - 31 O.G. 4017).
191a
(Lopez vs. de Los Reyes- 55 Phil. 170).

191b
: 1) There is no direct assault, indirect
assault, or disobedience to summons issued
by Congress;
b) the offender resists or seriously disobeys
a person in authority or his agent; and
C) at the time of said resistance or
disobedience, the person in authority or his
agent is in the performance of his duties.
192a
RESISTANCE AND DISOBEDIENCE TO A
PERSON IN AUTHORITY OR AGENTS OF
SUCH PERSON - elements

192b
 - if the resistance to the person in
authority or agent is not of a serious
nature.

193a
Simple disobedience

193b
Where the accused during a strike laid
down on the road as human roadblocks
and thereafter disobeyed and resisted an
order of an agent of a person in authority
to clear the road, this crime is
committed.Simple disobedience
194a
( Pp. vs. Macapuno- 58 O.G. 4985).

194b
 Simple disobedience .Striking a
policeman in the breast who was
arresting the offender constitutes simple
resistance

195a
( U.S. vs. Tabiana- 37 Phil. 515).

195b
1) DA- offended party is assaulted while in the
performance of his duties or by reason thereof;
R or D- the officer must be in the discharge of
his duties;
2) DA- resistance must be serious;
R or D - resistance is not serious, i.e. w/o
manifest intention to defy authority of the law.
196a
DA & Resistance -distinctions

196b
ho shall be deemed as such. — In applying the
provisions of the preceding and other articles
of this Code, any person directly vested with
jurisdiction, whether as an individual or as a
member of some court or governmental
corporation, board, or commission, shall be
deemed a person in authority. A barrio captain
and a barangay chairman shall also be deemed
a person in authority.
197a
Persons in authority and agents of
persons in authority

197b
1) Causing serious disturbance in a public place, office or establishment;
2) interrupting or disturbing public performances, functions, gatherings or
peaceful meetings, provided the act is not included in Arts. 131 & 132;
3) making any outcry tending to incite rebellion or sedition in any meeting,
association or place;
4) displaying placards or emblems which provoke a disturbance of public
order;
5) burying w/ pomp the body of a person who has been legally executed.
Qualifying circumstance in nos. 1 & 2 - when committed by more then 3
armed persons (at least 4 or provided w/ means of violence such as stones,
sticks, etc. in which case, the crime is denominated tumultuous disturbance.

198a
TUMULTS & OTHER DISTURBANCES OF
PUBLIC ORDERS- Kinds:

198b
- is a serious disturbance in a place
where performance of public function is
being held, if the disturbance is not
covered by Arts. 131 & 132 (if the
disturbance is not serious- Alarms and
Scandals under Art. 155).
199a
Public Disturbance

199b
in the former, the outburst which by nature may
tend to incite rebellion or sedition are
spontaneous and the meeting at the outset was
legal and became a public disorder only
because of such outcry; while in the latter, the
meeting from the beginning was unlawful and
what was uttered was deliberately calculated
with malice aforethought to incite others to
rebellion or sedition.
200a
Public Disturbance v Inciting to Rebellion
or Sedition -distinctions

200b
AMa in its med per. To PC in its min. per.
& a fine not exceeding P1,000;
Pars. 3 & 4 - AMa
Par. 5- AMa & fine not exceeding
P200.

201a
TUMULTS & OTHER DISTURBANCES OF
PUBLIC ORDERS- Penalty

201b
1) Publishing or causing to be published by means of writing,
litography, or any other means of publication as news, any false
news which may endanger the public order, or cause damage to
the interest of credit of the state;
2) encouraging disobedience to the law or the duly 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 documents w/o proper authority, or before they have
been published officially; or
4) printing, publishing or distributing books, pamphlets, periodicals,
w/c do not bear the real printer's name/ anonymous.
202a
UNLAWFUL USE OF PUBLICATION AND
UNLAWFUL UTTERANCES

202b
1) Discharge of firearms, firecrackers, and
other explosives in public places;
2) Charivari;
3) Engaging in nocturnal amusement
disturbing the public place; or
4) Any disturbance or scandal in public
places not mounting to tumults.
203a
ALARMS & SCANDALS -Acts penalized

203b
1) Alarms & Scandals
2) Illegal Discharge of Firearm
3). Attempted Murder or Homicide
4) Physical Injuries
5) Threat
6). Grave Coercion
204a
Other crimes which can arise from
discharge of firearms:

204b
- offender discharges a firearm in a
public place but the firearm is not
pointed to a particular person when
discharged;

205a
Alarms & Scandals

205b
 - if the firearm was directed to a
particular person who was not hit if intent
to kill is not proved.

206a
Illegal Discharge of Firearm

206b
- if the person was hit, automatically, and
there was intent to kill.

207a
Attempted Murder or Homicide

207b
if the person was hit and injured but there
was no intent to kill.

208a
Physical Injuries

208b
if the weapon is not discharged but
merely pointed to another.

209a
Threat

209b
if the threat was direct, immediate and
serious and the person is compelled or
prevented to do something against his
will.

210a
Grave Coercion

210b
is a mock serenade where the offender
actually disturbs the peace by using
cans, pans, utensil, etc. (breach of
peace/tranquility).

211a
Charivari

211b
disturbance or noise is done in a public
place; Unjust Vexation- if the noise is
directed to a particular person or family
to cause annoyance.

212a
Alarms & Scandals

212b
AMe or a fine not exceeding P200

213a
Alarms & Scandals -Penalty

213b
1) Offender is a private individual;
2) He removes a person confined in jail
or a penal institution or helps in the
escape of such person; and
3) The means employed are violence,
intimidation, bribery or any other means.
214a
DELIVERY OF PRISONER FROM JAIL-
Elements

214b
- is an outsider to the jail, because if he is
a public officer or a private person who
has the custody of the prisoner and who
helps a prisoner underhis custody to
escape, Arts. 223 & 225 will apply,
respectively.
215a
DELIVERY OF PRISONER FROM JAIL -
Offender

215b
detention prisoner or one sentenced by virtue of a
final judgment.
If the person who escapes is serving sentence by
virtue of final judgment, he commits Evasion of
Service of Sentence (Art. 157).
A detention prisoner is not liable for evasion.
If the said prisoner cooperates in his removal or
escapes by acts without which the removal or escape
would not be realized, he is liable as a co-principal
under Art. 156.
216a
Prisoner

216b
 - this crime is committed, if he escapes
because the hospital may be considered
as an extension of the jail.

217a
A prisoner confined in the hospital

217b
- to take away a person from his place of
confinement w/ or w/o the active
participation of the person released.

218a
Removing a prisoner

218b
is to furnish him w/ material means such as
ladder, rope, etc. w/c facilitates his escape.
That the accused received bribe is not an
element. What constitutes the qualifying
circumstance is the offender's act of employing
bribery as a means of removing or delivering
the prisoner from jail.
This can be committed through negligence or
imprudence.
219a
DELIVERY OF PRISONER FROM JAIL-
helping

219b
in its max. per. to PC in its min, per.
AMa- if other means are used.
If the escape is done by taking the
guards by surprise- AMa- min. per.

220a
DELIVERY OF PRISONER FROM JAIL
penalty

220b
EVASION OF SERVICE OF SENTENCE

EVASION OF SERVICE OF SENTENCE ON THE

OCCASION OF DISORDERS,
CONFLAGRATIONS, EARTHQUAKES, OR
OTHER CALAMITIES

- OTHER CASES OF EVASION OF SERVICE OF

SENTENCE-
221a
Three (3) kinds of Evasion of Service of
Sentence: Arts. 157, 158 and 159.

221b
1) Offender is a prisoner serving
sentence involving deprivation of liberty
by reason of final judgment;
2) He evades the service of his sentence
during his term of imprisonment.
This is simply known as "Jail-breaking".
222a
EVASION OF SERVICE OF SENTENCE -
Elements

222b
Pen- PC in its med. & max. periods.

223a
EVASION OF SERVICE OF SENTENCE -
Penalty

223b
when the evasion takes place by: a)
breaking doors, windows, gates, floors,
walls or roofs; b) using picklocks, false
keys, disguise, deceit, violence,
intimidation, or
c) connivance with other convicts or
employees of the penal institution.
224a
EVASION OF SERVICE OF SENTENCE -
qualified

224b
 Imprisonment includes destierro- so if
the prisoner enters the prohibited place,
he commits evasion

225a
Pp. vs. Abilong- 82 Phil. 172

225b
is a continuing offense which may be prosecuted in
any place where the offender may be found (Parulan
vs. Director of Prisons- L- 28519).
If an alien is deported after having been found guilty
of committing an offense and who returns to the
Phils. in violation of the term of sentence, evasion of
sentence is not committed because in deportation
one is not sentenced to an imprisonment term and
breaks jail (Pp. vs. Lo Hee-36 Phil 867).
226a
Evasion of Service of Sentence

226b
1) Offender is a prisoner serving sentence and is confined
in a penal institution;
2) He evades his sentence by leaving the penal institution;
3) He escapes on the occasion of a disorder due to
conflagration, earthquake, explosion, or similar
catastrophe or mutiny of which he has not participated;
4) He fails to give himself up to the authorities w/n 48
hours following the issuance of a proclamation by the
chief Executive regarding the passing away of the
calamity.
227a
 EVASION OF SERVICE OF SENTENCE
ON THE OCCASION OF DISORDERS,
CONFLAGRATIONS, EARTHQUAKES, OR
OTHER CALAMITIES - elements

227b
only circumstance of similar nature will
apply. Mutiny/riots are not included.

228a
"ejusdem generis"

228b
not in leaving the penal establishment because leaving the penal
institution is encouraged in cases of disorders. This is shown by the
fact that there is premium for those who
leave and thereafter return after the disorder ceases. Thus:
1) Leaving without returning within the time period prescribed - 1/5
addition to the remaining sentence which should not be more than
6 mos., that is: 1/5 of the balance of the sentence or 6 mos.
whichever is lesser;
2) not leaving- no deduction; pen. as is.

3) leaving and thereafter returning within the time period

prescribed- 1/5 deduction from his sentence as provided under Art.
98. (original sentence - favorable to the accused).
229a
Evasion lies in the failure to return....

229b
- The penalty of PC in its min. per. shall be
imposed upon the convict who, having

been granted conditional pardon by the Chief

Executive, shall violate any of the conditions of
such pardon. However, if the penalty remitted
by the granting of such pardon be higher than
6 yrs., the convict shall then suffer the
unexpired portion of his original sentence.
230a
 OTHER CASES OF EVASION OF
SERVICE OF SENTENCE - Penalty

230b
1) Judicial remedyby prosecution of
offender under Art. 159;
2) Administrative remedy by ordering
arrest and reincarceration of the offender
under 64(i) of the Revised Administrative
Code.
231a
Remedies of the state if conditions of
pardon are violated

231b
when the prisoner accepted the condition,
no matter how onerous, he must respect the
condition. Otherwise, he is deemed to have
accepted the conditional pardon only to get
out of prison or otherwise be relieved of the
penalty.
Conditional pardon is a contract between the
Chief Executive and the convict. It is not
perfected unless accepted.
232a
 Violation of conditional pardon is an
evasion of service of sentence because

232b
in the strict sense of the word, for it does
not cause harm or injury to the right of
other persons nor it disturb the public
order. While evasion of service of
sentence is a public offense (Alvarez vs.
Dir. of Prisons- 80 Phil. 43).
233a
Violation of conditional pardon is not a
public offense

233b
The convict who is regarded as having
violated the provision thereof must be
charged, prosecuted and convicted by
final judgment before he can be made to
suffer the penalty prescribed in said
article (Torres vs. Gonzales- July 23,
l987).
234a
Art. 159 defines a distinct and substantive
felony

234b
 Commission of another crime during
service of penalty imposed for another
offense.

235a
QUASI-RECIDIVISM - definition

235b
1) Offender is convicted by final
judgment of a felony or an offense; and
2) He commits another felony before
beginning to serve such sentence or
while serving the sentence.

236a
QUASI-RECIDIVISM - Elements

236b
Art. 160 applies although the next offense is different
in character from the first offense for which the
defendant is serving sentence (Pp. vs. Yabut-58 Phil.
499), and it makes no difference whether the crime
for which an accused is serving the sentence at the
time of the commission of the offense charged falls
under the RPC or under SPL. The second offense,
however, must be a felony punished under the RPC.
237a
(Pp. vs. Yabut-58 Phil. 499),

237b
The severe penalty imposed on quasi-recidivism is
justified because of his perversity and incorrigibility
(Pp. vs. Peralta, et al.-Oct. 29, l968). If a person is
convicted of a crime committed while serving
sentence of a previous crime, he shall be sentenced
to the maximum of the penalty prescribed b law
without regard to the presence or absence of
mitigating or aggravating circumstances or the
complete absence thereof (Pp. vs. Bautista- July 25,
l976).
238a
(Pp. vs. Peralta, et al.-Oct. 29, l968).

238b
he may be pardoned unless he is a
habitual delinquent.

239a
quasi-recidivist reaches the age of 70

239b
Quasi-recidivism- is a special aggravating
circumstance and cannot be offset by
any mitigating circumstance

240a
(Pp. vs. Aling- 96 SCRA 472 & Pp. vs.
Tampas- 96 SCRA 624).

240b
such reasons supported by facts and
circs. w/c will warrant a cautious man to
believe that his actions and the means
used are just and proper (Manalili vs. CA-
280 SCRA)

241a
Probable cause -

241b