Criminal Law Book 2 – Title Three

TITLE THREE

I. CRIMES AGAINST PUBLIC ORDER

Article 134

REBELLION OR INSURRECTION

  • ELEMENTS:
  1. That there be –
  1. public uprising and
  2. taking arms against the government (force/violence)
  1. That the purpose of the uprising or movement is either

1. to remove from the allegiance to said government or its laws –

  1.         i.  the territory of the Philippines or any part thereof, or

ii. any body of land, naval or other armed forces, or

2  To deprive the chief executive or congress, wholly or partially, of any of their powers or prerogatives

  • Persons liable for rebellion
  1. Any person who:

1.  promotes

2.  maintains, or

3.  heads a rebellion or insurrection; or

  1. Any person who, while holding any public office or employment, takes part therein by:
  1. engaging in war against the forces of the government
  2. destroying property or committing serious violence
  3. exacting contributions or diverting public funds from the lawful purpose for which they have been appropriated (Note: “diverting public funds” is malversation absorbed in rebellion);
  4. Any person merely participating or executing the command of others in rebellion
  • Success is immaterial, purpose is always political
  • Rebellion used where the object of the movement is completely to overthrow and supersede the existing government
  • Insurrection refers to a movement which seeks merely to effect some change of minor importance to prevent the exercise of gov’t authority w/ respect to particular matters or subjects
  • Actual clash of arms w/ the forces of the gov’t, not necessary to convict the accused who is in conspiracy w/ others actually taking arms against the gov’t
  • Purpose of the uprising must be shown but it is not necessary that it be accomplished
  • A change of government w/o external participation
  • RISING PUBLICLY and TAKING ARMS AGAINST GOVERNMENT – actual participation.  If there is no public uprising, the crime is of direct assault.
  • Mere giving of aid or comfort is not criminal in the case of rebellion. Merely sympathizing is not participation, there must be ACTUAL participation
  • Not necessary that there is killing, mere threat of removing Phil is sufficient
  • Rebellion cannot be complexed with any other crime.  However, illegal possession of firearms in furtherance of rebellion is distinct from the crime of rebellion. Furthermore, it is a continuing crime such along with the crime of conspiracy or proposal to commit such
  • A private crime may be committed during rebellion. Examples: killing, possessions of firearms, illegal association are absorbed. Rape, even if not in furtherance of rebellion cannot be complexed
  • If killing, robbing were done for private purposes or for profit, without any political motivation, the crime would be separately be punished and would not be embraced by rebellion (People v. Fernando)
  • Read People v. Hernandez and Enrile v. Salazar
  • Person deemed leader of rebellion in case he is unknown:
  • Any person who in fact:
  1. directed the others
  2. spoke for them
  3. signed receipts and other documents issued in their name
  4. performed similar acts on behalf of the rebels

 

Article 134-A

COUP D E’TAT

  • ELEMENTS:
  1. Swift attack
  2. Accompanied by violence, intimidation, threat, strategy or stealth
  3. Directed against:
  4. duly constituted authorities
  5. any military camp or installation
  6. communication networks or public utilities
    1. other facilities needed for the exercise and continued possession of power
  7. Singly or simultaneously carried out anywhere in the Philippines
    1. Committed by any person or persons belonging to the military or police or holding any public office or employment; with or without civilian support or participation
  8. With or without civilian support or participation
  9. Purpose of seizing or diminishing state power
  • Crime may be committed by a single person, any government employee and even by civilian
  • Taking up of arms not even necessary, what is important is violence, threat, intimidation, strategy or stealth
  Treason (114) Rebellion (134) Coup d’etat (134-A) Sedition (139)

Nature of Crime

Crime against National Security Crime against Public Order Crime against Public Order Crime against Public Order

Overt Acts

levying war against the gov’t;

OR

adherence and giving aid or comfort to enemies

Public uprising

AND

Taking up arms against the gov’t

See article. Rising publicly or tumultuously (caused by more than 3 armed men or provided with means of violence)
Purpose of objective Deliver the gov’t to enemy during war See article. Seizing or diminishing state power. See enumeration in article.

 

Article 135

Penalties

  • Who are liable?
  1. Any person who:
  1. Promotes
  2. Maintains
  3. heads a rebellion or insurrection
  4. engaging in war against the forces of the gov’t
  5. destroying property or committing serious violence
  6. exacting contributions or diverting public funds from the lawful purpose for which they have been appropriated
  1. Any person who, while holding any public office or employment, takes part therein
  1. Any person merely participating or executing the command of other in a rebellion.

In Government Service

Not in Government Service

Anyone who leads, directs, commands others to undertake a coup. Anyone who participates or in an manner, supports, finances, abets, aids in a coup.
  • Serious violence is that inflicted upon civilians, which may result in homicide. It is not limited to hostilities against the armed force.
  • Diverting public funds is malversation absorbed in rebellion
  1. Public officer must take active part because mere silence or omission not punishable in rebellion
  2. It is not a defense in rebellion that the accused never took the oath of allegiance to, or that they never recognized the government
  3. Rebellion cannot be complexed with murder and other common crimes committed in pursuance of the movement to overthrow the government
  4. Killing, robbing etc for private persons or for profit, without any political motivation, would be separately punished and would not be absorbed in the rebellion.

 

Article 136

CONSPIRACY TO COMMIT REBELLION OR INSURRECTION

  • ELEMENTS:
  1. 2 more persons come to an agreement to rise publicly and take arms against the government
  2. For any of the purposes of rebellion
  3. They decide to commit it

PROPOSAL TO COMMIT REBELLION OR INSURRECTION (136)

  • ELEMENTS:
  • Organizing a group of soldiers, soliciting membership in, and soliciting funds for the organization show conspiracy to overthrow the gov’t
  • The mere fact of giving  and rendering speeches favoring Communism would not make the accused guilty of conspiracy if there’s no evidence that the hearers then and there agreed to rise up in arms against the gov’t
  • Conspiracy must be immediately prior to rebellion
  • If it is during the rebellion, then it is already taking part in it.
  1. A person who has decided to rise publicly and take arms the government
  2. For any of the purposes of rebellion
  3. Proposes its execution to some other person/s

 

Article 137

DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES

  • ELEMENTS:
  • Presupposes existence of rebellion
  • Must not be in conspiracy with rebels or coup plotters
  • If there are means to prevent the rebellion but did not resist it, then there’s disloyalty. If there are no means, no fault
  • If position is accepted in order to protect the people, not covered by this
  • The collaborator must not have tried to impose the wishes of the rebels of the people.
  1. Failing to resist rebellion by all the means in their power
  2. Continuing to discharge the duties of their offices under the control of rebels
  3. Accepting appointment to office under rebels

 

Article 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, proclamations, writings, emblems, banners or other representations tending to the same end
  • Intentionally calculated to seduce others to rebellion
  • There must be uprising to take up arms and rise publicly for the purposes indicated in Art 134

Proposal to Commit Rebellion (136)

Inciting to Rebellion (138)

The person who proposes has decided to commit rebellion. Not required that the offender has decided to commit rebellion.
The person who proposes the execution of the crime uses secret means. The inciting is done publicly.

 

Article 139

SEDITION

  • ELEMENTS:
  1. That the offenders rise –
  1. Publicly (if no public uprising = tumult and other disturbance of public order)
  2. Tumultuously (vis-à-vis rebellion where there must be a taking of arms)
  3. to prevent the promulgation or execution of any law or the holding of any popular election
  4. to prevent the national government, or any provincial or municipal government, or any public thereof from freely exercising its or his functions, or prevent the execution of any administrative order
  5. to inflict any act or hate or revenge upon the person or property of any public officer or employee
  6. to commit for any political or social end, any act of hate or revenge against private persons or any social class (hence, even private persons may be offended parties)
  7. 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
  1. That they employ force, intimidation, or other means outside of legal methods
  2. That the offenders employ any of those means to attain any of the following objects:
  • Sedition: raising of commotion or disturbances in the State. Its ultimate object is a violation of the public peace or at least such measures that evidently engenders it.
  • Difference from rebellion – object or purpose of the surprising. For sedition – sufficient that uprising is tumultuous. In rebellion – there must be taking up of arms against the government.
  • Sedition – purpose may be either political or social. In rebellion – always political
  • Tumultuous – caused by more than 3 persons who are armed or provided with means of violence
  • Preventing public officers from freely exercising their functions
  • In sedition – offender may be a private or public person (Ex. Soldier)
  • Public uprising and the object of sedition must concur
  • Q: Are common crimes absorbed in sedition? In P v. Umali, SC held that NO. Crimes committed in that case were independent of each other.
  • Preventing election through legal means – NOT sedition
  • But when sugar farmers demonstrated and destroyed the properties of sugar barons – sedition
  • Persons liable for sedition:
  1. leader of the sedition, and
  2. other persons participating in the sedition

 

Article 142

INCITING TO SEDITION

  • ELEMENTS:
  1. That the offender does not take a direct part in the crime of sedition
  2. That he incites others to the accomplishment of any of the acts which constitute sedition (134)
  3. That the inciting is done by means of speeches, proclamations, writing, emblems, cartoons, banners, or other representations tending to the same end (purpose: cause commotion not exactly against the government; actual disturbance not necessary)
  • Different acts of inciting to sedition:
  • When punishable:
  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 or writing, publishing, or circulating scurrilous [vulgar, mean, libelous] libels against the government or any of the duly constituted authorities thereof, which tend to disturb the public peace
  3. Knowingly concealing such evil practices
  1. when they tend to disturb or obstruct any lawful officer in executing the functions of his office; or
  2. when they tend to instigate others to cabal and meet together for unlawful purposes
  3. when they suggest or incite rebellious conspiracies or riots; or
  4. when they lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safety and order of the government

 

II. CRIMES AGAINST POPULAR REPRESENTATION

 

Article 143

ACTS TENDING TO PREVENT THE MEETING OF CONGRESS AND SIMILAR BODIES

  • ELEMENTS:
  1. That there be a projected or actual meeting of Congress or any of its committees or subcommittees, constitutional commissions or committees or division thereof, or of any provincial board or city or municipal council or board
  2. That the offender who may be any persons prevents such meeting by force or fraud
  • Chief of Police and mayor who prevented the meeting of the municipal council are liable under Art 143, when the defect of the meeting is not manifest and requires an investigation before its existence can be determined.

 

Article 144

DISTURBANCE OF PROCEEDINGS

  • ELEMENTS:
  1. That there be a meeting of Congress or any of its committees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board
  2. That the offender does any of the following acts
    1. he disturbs any of such meetings
    2. he 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
  • Complaint must be filed by member of the Legislative body. Accused may also be punished for contempt.

 

Article 145

VIOLATION OF PARLIAMENTARY IMMUNITY

  • Acts punishable:
  1. By using force, intimidation, threats, or frauds to prevent any member of Congress from –
  1. attending the meeting of the assembly or any of its committees, constitutional commissions or committees or divisions thereof, or from
  2. expressing his opinions or
  3. casting his vote
  1. By arresting or searching any member thereof while Congress is in a regular or special session, except in case such member has committed a crime punishable under the code by a penalty higher than prision mayor

Elements:

  1. That the offender is a public officer or employee
  2. That he arrests or searches any member of Congress
  3. That Congress, at the time of arrest or search, is in a regular or special session
  4. That the member searched has not committed a crime punishable under the code by a penalty higher than prision mayor (1987 constitution: privilege from arrest while congress in session in all offenses punishable by not more than 6 years imprisonment).
  • Article partly inoperative because of the 1987 Constitution

 

III. ILLEGAL ASSEMBLIES AND ASSOCIATIONS

 

Article 146

ILLEGAL ASSEMBLIES

  • Two (2) Types of illegal assemblies:

a. Meeting of the first form

  1. Meeting, gathering or group of persons whether in a fixed place or moving
  2. purpose : to commit any of crimes punishable under the code
  3. meeting attended by armed persons

b. Meeting of the second form

  1. Meeting, gathering or group of persons whether in a fixed place or moving
  2. Audience whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault.
  • Not all the persons present at the meeting of the first form of illegal assembly must be armed
  • Persons liable for illegal assembly
  • Responsibility of persons merely present at the meeting
  • Presumptions if person present at the meeting carries an unlicensed firearm:
  1. the organizers or leaders of the meeting
  2. persons merely present at the meeting (except when presence is out of curiosity – not liable)
  1. if they are not armed, penalty is arresto mayor
  2. if they carry arms, like bolos or knives, or licensed firearms, penalty is prision correccional
  1. purpose of the meeting is to commit acts punishable under the RPC
  2. considered as leader or organizer of the meeting

 

Article 147

ILLEGAL ASSOCIATIONS

  • ELEMENTS:
  • Persons liable:
  1. Organized totally or partially for the purpose of committing any of the crimes in RPC
  2. Or for some purpose contrary to public morals
  1. founders, directors and president of the association
  2. mere members of the association

Illegal Assembly (146)

Illegal Association (147)

Must be an actual meeting of armed persons to commit any of the crimes punishable under the RPC, or of individuals who, although not armed, are incited to the commission of treason, rebellion, sedition or assault upon a person in authority of his agent. No need for such
It is the meeting and the attendance at such that are punished Act of forming or organizing and membership in the association
Persons liable: leaders and those present Founders, directors, president and members

IV. ASSAULT, RESISTANCE AND DISOBEDIENCE

 

Article 148

DIRECT ASSAULT

  • ELEMENTS OF THE 1ST FORM OF DIRECT ASSAULT
  1. That the offender employs force or intimidation.
  2. That the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of the crimes of sedition. (victim need not be person in authority)
  3. That there is no public uprising.
  • ELEMENTS OF THE 2ND FORM OF DIRECT ASSAULT:
  1. That the offender (a) makes an attack, (b) employs force, (c) makes a serious intimidation, or (d) makes a serious resistance.
  2. That the 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 actual performance of official duties (motive is not essential), or that he is assaulted (b) by reason of the past performance of official duties (motive is essential).
  4. That the offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties (with intention to offend, injure or assault).
  5. That there is no public uprising.
  • Always complexed with the material consequence of the act (e.g. direct assault with murder) except if resulting in a light felony, in which case, the consequence is absorbed
  • Hitting the policeman on the chest with fist is not direct assault because if done against an agent of a person in authority, the force employed must be of serious character
  • The force employed need not be serious when the offended party is a person in authority (ex. Laying of hands)
  • The intimidation or resistance must be serious whether the offended party is an agent only or a person in authority (ex. Pointing a gun)
 

Force Employed

Intimidation/Resistance

Person in Authority

Need not be serious

Serious

Agent

Must be of serious character

Serious

  • Person in authority: any person directly vested with jurisdiction (power or authority to govern and execute the laws) whether as an individual or as a member of some court or governmental corporation, board or commission
  • A barangay captain is a person in authority, so is a Division Superintendent of schools, President of Sanitary Division and a teacher
  • Agent: is one who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property. (Example. Barrio councilman and any person who comes to the aid of the person in authority, policeman, municipal treasurer, postmaster, sheriff, agents of the BIR, Malacañang confidential agent)
  • Even when the person in authority or the agent agrees to fight, still direct assault.
  • When the person in authority or the agent provoked/attacked first, innocent party is entitled to defend himself and cannot be held liable for assault or resistance nor for physical injuries, because he acts in legitimate self-defense
  • There can be no assault upon or disobedience to one authority by another when they both contend that they were in the exercise of their respective duties.
  • When assault is made by reason of the performance of his duty there is no need for actual performance of his official duty when attacked
  •  Circumstances qualifying the offense (Qualified Assault):
  • Complex crime of direct assault with homicide or murder, or with serious physical injuries.
  • Direct assault cannot be committed during rebellion.
  1. when the assault is committed with a weapon
  2. when the offender is a public officer or employee
  3. when the offender lays hand upon a person in authority

Article 149

INDIRECT ASSAULT

  • ELEMENTS:  
  1. That a person in authority or his agent is the victim of any of the forms of direct assault defined in ART. 148.
  2. That a person comes to the aid of such authority or his agent.
  3. That the offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent.
  • Indirect assault can be committed only when a direct assault is also committed
  • To be indirect assault, the person who should be aided is the agent (not the person in authority because it is already direct assault, the person coming to the aid of the person in authority being considered as an agent and an attack on the latter is already direct assault). Example. Aiding a policeman under attack.

 

Article 150

DISOBEDIENCE TO SUMMONS

  • Acts punishable:
  1. refusing without legal excuse to obey summons
  2. refusing to be sworn or placed under affirmation
  3. refusing to answer any legal inquiry to produce books, records etc.
  4. restraining another from attending as witness in such body
  5. inducing disobedience to a summons or refusal to be sworn

 

Article 151

RESISTANCE DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENT OF SUCH PERSON (par. 1)

  • ELEMENTS:
  1. That a person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender.
  2. That the offender resists or seriously disobeys such person in authority or his agent.
  3. That the act of the offender is not included in the provisions of arts. 148, 149 and 150.

SIMPLE DISOBEDIENCE (par. 2)

  • ELEMENTS:
  1. That an agent of a person in authority is engaged in the performance of official duty gives a lawful order to the offender.
  2. That the offender disobeys such agent of a person in authority.
  3. That such disobedience is not of a serious nature.

Direct Assault (148)

Resistant and Disobedience to a Person in Authority or Agents of such Person (151)

PIA or his agent must be engaged in the performance of official duties or that he is assaulted PIA or his agent must be in the actual performance of his duties.
Direct assault is committed in 4 ways – by attacking, employing force, and seriously resisting a PIA or his agent. Committed by resisting or seriously disobeying a PIA or his agent.
Use of force against an agent of PIA must be serious and deliberate. Use of force against an agent of a PIA is not so serious; no manifest intention to defy the law and the officers enforcing it.

Article 152

PERSONS IN AUTHORITY/AGENTS OF PERSONS IN AUTHORITY:

  • Persons in Authority – any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission.
  1. Barangay captain
  2. Barangay chairman
  3. Teachers
  4. Professors
  5. Persons charged with the supervision of public or duly recognized private schools, colleges and universities
  6. Lawyers in the actual performance of their professional duties or on the occasion of such performance
  • Agent of Person in Authority – 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 and the protection and security of life and property.
  1. Barrio councilman
  2. Barrio policeman
  3. Barangay leader
  4. Any person who comes to the aid of persons in authority
  • Section 388 of the Local Gov’t Code provides that “for purposes of the RPC, the punong barangay, sangguniang barangay members and members of the lupong tagapamayapa in each barangay shall be deemed as persons in authority in their jurisdictions, while other barangay officials and members who may be designated by law or ordinance and charged with the maintenance of public order, protection and the security of life, property, or the maintenance of a desirable and balanced environment, and any barangay member who comes to the aid of persons in authority shall be deemed AGENT of persons in authority.  

 

V. CRIMES AGAINST PUBLIC DISORDERS

 

Article 153

  • TYPES OF TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER:
  1. Causing any serious disturbance in a public place, office or establishment
  2. Interrupting or disturbing public performances, functions, gatherings or peaceful meetings, if the act is not included in Art 131 and 132 (Public Officers interrupting peaceful meetings or religious worship).
  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 order in such place
  5. Burying with pomp the body of a person who has been legally executed.
  • If the act of disturbing or interrupting a meeting or religious ceremony is NOT committed by public officers, or if committed by public officers they are not participants therein, this article applies. Art 131 and 132 punishes the same acts if committed by public officers who are NOT participants in the meeting
  • The outcry is merely a public disorder if it is an unconscious outburst which, although rebellious or seditious in nature, is not intentionally calculated to induce others to commit rebellion or sedition, otherwise, its inciting to rebellion or sedition.
  • Tumultuous – if caused by more than 3 persons who are armed or provided with means of violence (circumstance qualifying the disturbance/interruption) – “tumultuous in character”

Article 154

  • TYPES OF UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES:
  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
  4. Printing, publishing or distributing or (causing the same) books, pamphlets, periodicals or leaflets which do not bear the real printer’s name or which are classified as anonymous.

 

Article 155

  • TYPES OF ALARMS AND SCANDALS:
  1. Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause alarm or danger
  2. Instigating or taking active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility
  3. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusement
  4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided the act is not covered by Art 153 (tumult).
  • Charivari – mock serenade or discordant noises made with kettles, tin horns etc, designed to deride, insult or annoy
  • Firearm must not be pointed at a person, otherwise, it is illegal discharge
  • What governs is the result, not the intent

CRIME

Nature of Crime

Who are Liable

Tumults and other Disturbances (153) Crime against Public Order Private persons, outsider
Alarms and Scandals (155) Crime against Public Order Private persons, outsider

 

Article 156

  • ELEMENTS OF DELIVERING PRISONERS FROM JAILS:
  1. That there is a person confined in a jail or penal establishment.
  2. That the offender removes therefor such person, or helps the escape of such person (if the escapee is serving final judgement, he is guilty of evasion of sentence).
  3. Offender is a private individual
  • Prisoner may be detention prisoner or one sentenced by virtue of a final judgment
  • A policeman assigned to the city jail as guard who while off-duty released a prisoner is liable here
  • It may be committed through negligence
  • Circumstances qualifying the offense – is committed by means of violence, intimidation or bribery.
  • Mitigating circumstance – if it takes place outside the penal establishment by taking the guards by surprise

 

VI. EVASION OF SENTENCE OR SERVICE

 

Article 157

  • ELEMENTS OF EVASION OF SERVICE OF SENTENCE:
  1. That the offender is a convict by final judgment.
  2. That he is serving his sentence which consists in deprivation of liberty (destierro included)
  3. That he evades the service of his sentence by escaping during the term if his sentence. (fact of return immaterial).
  • A continuing offense.
  • Offenders – not minor delinquents nor detention prisoners
  • If escaped within the 15 day appeal period – no evasion
  • No applicable to deportation as the sentence
  • Flimsy excuse for violating destierro – not acceptable
  • Circumstances qualifying the offense (done thru):
  1. unlawful entry (by “scaling”)
  2. breaking doors, windows, gates, walls, roofs or floors
  3. using picklocks, false keys, disguise, deceit, violence or intimidation
  4. connivance with other convicts or employees of the penal institution

 

Article 158

  • ELEMENTS OF EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS, CONFLAGRATIONS, EARTHQUAKES OR OTHER CALAMITIES:
  1. That the offender is a convict by final judgement who is confined in a penal institution.
  2. That there is disorder, resulting from- 1. conflagration,

2. earthquake,

3. explosion, or

4. similar catastrophe, or

5. mutiny in which he has not participated.

  1. That the 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.
  2. That the offender fails to give himself up to the authorities within 48 hours following the insurance of a proclamation by the chief executive announcing the passing away of such calamity.
  • Penalty: an increase by 1/5 of the time remaining to be served under the original sentence, in no case to exceed 6 months.
  • Offender must escape to be entitled to allowance
  • Mutiny – organized unlawful resistance to a superior officer, a sedition, a revolt
  • Disarming the guards is not mutiny

 

Article 159

VIOLATION OF CONDITIONAL PARDON

  • ELEMENTS:
  1. That the offender was a convict.
  2. That he was granted a conditional pardon by the chief executive.
  3. That he violated any of the conditions of such pardon.
  • Condition extends to special laws – violation of illegal voting
  • Offender must have been found guilty of the subsequent offense before he can be prosecuted under this Article. But if under Revised Admin Code, no conviction necessary. President has power to arrest, reincarnate offender without trial.

VIOLATION OF PARDON

ORDINARY EVASION

Infringement of conditions/terms of President To evade the penalty given by the courts – disturbs the public order
  • Two penalties provided:
  1. prision correccional in its minimum period – if the penalty remitted does not exceed 6 years
  2. the unexpired portion of his original sentence – if the penalty remitted is higher than 6 years

 

VII. COMMISSION OF ANOTHER CRIME

Article 160

COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE-PENALTY: (quasi-recidivism)

  • ELEMENTS
  1. That the offender was already convicted by final judgement of one offense.
  2. That he committed a new felony before beginning to serve such sentence or while serving the same.
  • Quasi-recidivism : a person after having been convicted by final judgement shall commit a new felony before beginning to serve such sentence, or while serving the same.
  • Second crimes must belong to the RPC, not special laws. First crime may be either from the RPC or special laws
  • Reiteracion: offender shall have served out his sentence for the prior offense
  • A quasi-recidivist may be pardoned at age 70. Except: Unworthy or Habitual Delinquent
  • If new felony is evasion of sentence – offender is not a quasi-recidivist
  • Penalty: maximum period of the penalty for the new felony should be imposed (mitigating circumstance can only be appreciated if the maximum is divisible)
  • Quasi-Recidivism may be offset by a special privileged mitigating circumstance (ex. Minority)

 

Reference:

Criminal Law Book 2 Reviewer

Ateneo Central Bar Operations 2001

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About Magz

First of all, I am not a lawyer. I'm a graduate of AB Political Science and went to the College of Law but stopped going to law school for some reasons. I'm a passionate teacher who has been teaching English to speakers of other languages and a person who likes writing and blogging. I lost some important files and software when my computer broke down so the reason I created this website is to preserve the notes, reviewers and digests I collected when I was at the law school and at the same time, I want to help out law students who do not have enough time to go and read books in the library.

Posted on January 25, 2012, in Criminal Law and tagged . Bookmark the permalink. 1 Comment.

  1. Is this book have a Criminal law Book 3?

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