Criminal Law II, Prof.
IRJimenez
Title III Crimes Against Public Order
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Art. 134 Rebellion & insurrection
Elements
1. Public 2. Uprising - take up arms against govt. 3. Purpose:
a. Remove allegiance of territory or armed forces b. Deprive President or Legislature of powers
Art. 134 Rebellion & insurrection
Purpose differentiates it from other felonies Cannot be complexed with common crimes (People v. Hernandez; Enrile v. Salazar) Continuing crime Persons liable Leaders, participants, public officers, financiers (Art 135)
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To be used only as reference for an accompanying lecture
Criminal Law II, Prof. IRJimenez
Art. 136 Conspiracy & proposal to commit rebellion, insurrection, coup detat
Exception to the general rule Higher penalty for coup detat Same penalty for conspiracy and proposal
Art. 134-A Coup detat
1. Military, police, OR public officers, with or without civilian support 2. Swift attack with violence, intimidation, threat, strategy, or stealth against::
a. Duly constituted authorities b. Military camp or installation c. Communications network, public utility or other facility needed for exercise of power
3. To seize or diminish state power
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Art. 137 Disloyalty of public officers and employees
1. Public officer or employee 2. a. Fails to resist rebellion OR b. Continues duties under rebel govt. OR c. Accepts office under rebel govt. 3. Must NOT be in conspiracy with rebels
To be used only as reference for an accompanying lecture
Criminal Law II, Prof. IRJimenez
Art. 138 Inciting to rebellion
1. Incite others to do acts of rebellion 2. By speeches, writings, banners, etc. 3. Without taking up arms against government Rebellion must NOT be committed Otherwise, liable as principal by inducement
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Art. 139 - Sedition
1. Public & tumultuous uprising 2. Thru force, intimidation or other unlawful means 3. a. Prevent execution of a law or election; b. Prevent exercise of government power; c. Inflict act of hate or revenge upon person or property of public officer; d. Inflict act of hate or revenge upon person or property of private person or social class for political or social end; OR e. Despoil person or national or local government for political or social end.
Sedition
Art. 140 Penalties for sedition
Higher penalty for leaders PM min & 10K 1 lower for participants PC max & 5K
Common crimes not absorbed Art. 141 Penalty for conspiracy to commit sedition
1 lower than participants PC med & 2K
Proposal not punished
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To be used only as reference for an accompanying lecture
Criminal Law II, Prof. IRJimenez
Art. 142 Inciting to sedition
- By: 1. Speeches, proclamations, writings, emblems, etc. 2. Utter seditious words, or write, publish or circulate scurrilous libels against govt. or which tend to disturb the public peace 3. Knowingly conceal such practices - Sedition NEED NOT be committed; but if committed, inciter NOT a participant to the seditious acts - Tests: 1. Clear & present danger 10 2. Dangerous tendency
Chapter 2 Crimes against popular representation
Art. 143 Prevent meeting by force or fraud Art. 144 Disturb proceedings Art. 145 Violate parliamentary immunity
Any person who, by force, threat, intimidation, or fraud, prevents Member from speaking or voting Public officer who arrests or searches Member while Congress is in session
Except for crime w/ penalty higher than PM c f Constitution immune if 6 years
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Chapter 3 Illegal assemblies and associations
Art. 146 Illegal assemblies
1. With armed persons gathered to commit any felony 2. Audience is incited to commit treason, rebellion or insurrection, sedition or assault
Different penalties
Organizers or leaders Armed participants Unarmed participants Unlicensed gun carrier deemed organizer
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To be used only as reference for an accompanying lecture
Criminal Law II, Prof. IRJimenez
Art. 146 Illegal associations
Any group organized to commit felonies or other purpose contrary to public morals Higher penalty for founders, directors & president
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Chapter 4 Assault & disobedience to persons in authority & their agents
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Art. 152 - Person in authority
Directly vested with jurisdiction as individual or as member of court, government corporation, board or commission Includes teachers and lawyers
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To be used only as reference for an accompanying lecture
Criminal Law II, Prof. IRJimenez
Agent of person in authority
By direct provision of law, election, or appointment by competent authority Charged to maintain public order and protection & security of life & property OR person who comes to the aid of a person in authority
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Art. 148 Direct assault
2 forms
1. Use force or intimidation to achieve purposes of rebellion or sedition 2. Attack, employ force, seriously intimidate, OR seriously resist person in authority or his agent while engaged in or on occasion of performing his duty
Higher penalty if with a weapon, offender is a public officer, or offender lays hands on person in authority 17
Art. 149 Indirect assault
Use force or intimidation against person coming to the aid of PIA or agent on the occasion of a direct assault
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To be used only as reference for an accompanying lecture
Criminal Law II, Prof. IRJimenez
Art. 150 Disobedience to summons of Congress, ConCon, or their committees, sub-committees or divisions
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Art. 151 Resistance & disobedience
Resist or seriously disobey PIA or agent while engaged in performing his duties Lower penalty for disobedience to an agent that is not serious
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Chapter 5 Public Disorder
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To be used only as reference for an accompanying lecture
Criminal Law II, Prof. IRJimenez
Art. 153 - Tumults
Tumultuous disturbance by more than 3 armed persons provided with means of violence Different forms & penalties
1. Serious disturbance in a public place, office, or establishment, or shall disrupt public performances, gatherings or meetings 2. Outcry tending to incite rebellion or sedition 3. Bury person legally executed
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Art. 154 Unlawful use of means of publication & unlawful utterances
1. Publish false news which may endanger public order, or cause damage to the interest or credit of the State 2. Through publications or speeches, encourage disobedience to the law, or to duly constituted authorities, or praise unlawful acts 3. Maliciously publish official resolution or document without authority or before they have been published officially 4. Anonymous publications
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Art. 155 Alarms & scandals
1. Discharge firearm, explosive in a public place to cause alarm & danger 2. Participate in charivari or disorderly meeting 3. Nocturnal amusements that disturb public peace 4. Cause public disturbance while intoxicated
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To be used only as reference for an accompanying lecture
Criminal Law II, Prof. IRJimenez
Art. 156 Delivering prisoner from jail
Remove person from jail or help him escape Higher penalty if through violence, intimidation, or bribery Lower penalty if outside prison & guards taken by surprise Includes convict or detainee Offender must be an outsider
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Chapter 6 Evasion of service of sentence
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Art. 157 Evasion of sentence
Escape during term of imprisonment Final conviction; does not include detainee Aggravated if thru unlawful entry or thru deceit, violence, or connivance with jail employees
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To be used only as reference for an accompanying lecture
Criminal Law II, Prof. IRJimenez
Art. 158 Evasion during calamities
Escapes during calamity & fails to surrender within 48 hours from lifting of state of calamity Increase penalty by 1/5 of remaining sentence, not exceeding 6 months
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Art. 159 Other evasions
Violate conditional pardon Penalty
If remitted penalty is more than 6 years serve unexpired portion If less than or equal to 6 years - PC min
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Art. 160 Quasi-recidivism
1. Final conviction for one offense 2. Commits a felony 3. Before serving sentence or while serving sentence Penalty is the maximum of the new felony; cannot be offset by mitigating circumstances Convict pardoned upon reaching 70
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To be used only as reference for an accompanying lecture
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Criminal Law II, Prof. IRJimenez
Felonies according to gravity of defiance to authority & order
Levy war Treason Armed uprising Rebellion Use serious force Qualified direct assault Attack, use force, seriously intimidate, or seriously resist Direct assault Resist or seriously disobey Resistance & serious disobedience Disobey agent Disobedience Tumults
Serous disturbance Outcry tending to incite rebellion or sedition or to provoke disturbance of public order Bury with pomp person legally executed
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Any questions?
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To be used only as reference for an accompanying lecture
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