criminal law pge 10-13 and 17

8/9/2019 Criminal Law Pge 10-13 and 17

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ART.138-INCITING TO REBELLION OR INSURRECTION

Elements:

1. That the offender does NOT take arms or is not in open hostility against the

Government;2. That he incites others to the execution of any of the acts of rebellion;

3. That the inciting is done by means of Speeches, Proclamation, Writings, Emblems,

Banners, or other Representations (SPWEBaR) tending to the same end.

Inciting to Rebellion distinguished from Proposal to Commit Rebellion

Inciting to Rebellion Proposal to Commit Rebellion

In both crimes, the offender induces

another

To commit rebellion

1. It is not required that the offender has

decided to commit rebellion;.

1. The person who proposes has decided to

commit rebellion;

2. The act of inciting is done publicly (by

means of SPWEBaR)

2. The person who proposes the execution

of crime uses secret means.

ART. 139- SEDITION

Elements:

1. That the offenders rise (1) publicly (2) tumultuously;

2. That the employed force, intimidation, or other means outside of legal methods

(FIM);3. That the offenders employ any of those means to attain any of the following

objects;

a. To prevent the promulgation or execution of any law or the holding of anypopular election;

b. To prevent the National Government, or any provincial or municipal

government, or any public officer thereof from freely exercising its or hisfunctions, or prevent the execution of any administrative order;

c. To inflict any act of hate or revenge upon the person or property of any

public officer or employee;d. To commit, for any political or social end, any person, municipality or

province, or the National Government of all its property or any part thereof.

Sedition, in its general sense, is the raising of commotions or disturbances in the

State (People vs. Cabrera, 43 Phil.64).

The ultimate object of sedition is a violation of the public peace.

Sedition must be committed by more than three persons who are armed or

provided with means of violence because of the word tumultuous.

Sedition distinguished from Treason

Sedition Treason

1. Sedition is the raising of commotions or

disturbances in the State.

1. Treason is the violation by a subject of

his allegiance to his sovereign or liege, lordor to the supreme authority of the State.

Sedition distinguished fro Rebellion

Sedition Rebellion

1.In sedition it is sufficient that public

uprising is tumultuous;

1. There must be taking up of arms against

the Government;

2. Purpose of the offenders may be political

or social.

2. Purpose of the offender is always

political


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Chapter 2: Crimes Against Popular Representation

Art.143-ACTS TENDING TOPREVENT THE MEETING OF THE ASEMBLY

AND SIMILAR BODIES

Elements:

1. That there be a projected or actual meeting of:

a. the Senate or Lower House, or any of its committees or sub-committeesb. Constitutional Commissions or committees ordivisions thereof

c. provincial board

d. city or municipal or board;

2. That the offender, who may be any person, prevents such meeting by force orfraud.

Art.144-DISTURBANCE OF PROCEEDINGS

Elements:

1. That there is a meeting of:

a. the Senate or Lower House, or any of its committees or sub-committees

b. Constitutional Commissions or committees ordivisions thereofc. provincial board

d. city or municipal or board;

2. That the offender does any of the following acts:a. he disturbs any of such meetings

b. he behaves whilein the presence ofany such bodoes in such a manner as

1. to interrupt its proceedings or2. to impair the respect due it.

Art.145-VIOLATION OF PARLIAMENTARY IMMUNITY

Type A

Elements:

1. That the offender (any person) uses (FIFT):a. Force

b. Intimidation

c. Fraudd. Threats

2. That the purpose of the offender is to prevent any member of the Legislature

from:

a. attending the meetings of the Assembly orany of its committees orconstitutional commissions, etc.; or

b. expressing his opinions; or

c. casting his vote

Type B

Elements:1. That the offender is a public officer or employee;

2. That the arrests or searches any member of the Legislature;

3. That the Legislature, at the time of the arrest or search, is in regular or special

session;4. That the member arrested or searched has not committed a crime punishable of

more than 6 years.


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Chapter 3: Illegal Assemblies and Associations

Art.146-ILLEGAL ASSEMBLIES

TYPE A

Elements:

1. That there is a

a. meetingb. gathering

c. c. group of persons whether in affixed place or moving;

2. That the meeting is attended by armed persons;

3. That the purpose of the meeting is to commit any crime punishable by theRPC.

Type B

Elements:

4. That there is a

a. meetingb. gathering

c. c. group of persons whether in affixed place or moving;

5. That the audience whether armed or not, is incited to the commission of thecrime of (TRIDAS):

a. Treason

b. Rebellionc. Insurrection

d. Direct assault

e. Sedition

Art.147-ILLEGAL ASSOCIATIONS

THE FOLLOWING ARE ILLEGAL ASSOCIATIONS

1. Associations totally or partially organized for the purpose of committing anyof the crimes punishable under the Revised Penal Code.

2. Associations totally or partially organized for some purpose contrary to the

public morals.

PERSONS LIABLEFORILLEGAL ASSOCIATION:

1. Founders, directors, presidents of associations.2. Mere members of the associations.

Chapter 4: Assault Upon, and resistance and Disobedience to person in Authorityand their Agents.

Art.148-DIRECT ASSAULTS

TWO WAYS OF COMMITTING THECRIME OF DIRECT ASSAULTS:

1. Without public uprising, by employing force or intimidation for the attainmentof any of the purposes enumerated in defining the crimes of rebellion and

sedition.

2. Without public uprising, by attacking, by employing force or by seriously

intimidating or by seriously resisting any person in authority of his agents,while engaged in the performance of official duties, or on the occasion of such

performance.

ELEMENTS OF THE 1ST FORM

1. That the offender employs force or intimidation;


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2. That the Aim of the offender is to attain

a. Any of the purposes of rebellion or

b. Any of the objects of sedition

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Art.159-VIOLATION OF CONDITIONAL PARDON

Elements:

1. that the offender was a convict granted conditional pardon by the ChiefExecutive;

2. That he violates any of the conditions of such pardon.

Chapter 7: Commission of Another Crime During Service of Penalty Imposed forAnother Previous Offense

Art.160-Quasi-Recidivism

Elements:1. That the offender is already convicted by final judgment of one offense

2. That he committed anew felonya. before beginning to serve such sentence, or

b. while serving the same.

Second crime must be a felony (punishable under the RPC).But the first crime

for which the offender is serving sentence need not be a felony.

criminal law pge 10-13 and 17

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