Article 141 - Conspiracy To Commit Sedition
Article 141 - Conspiracy To Commit Sedition
TO
TO
SEDITIOUS
SEDITIOUS
WORDS
OR
ARTICLE 144
PROCEEDINGS
DISTURBANCE
OF
VIOLATION
PARLIAMENTARY IMMUNITY
OF
ARTICLE
147
ASSOCIATIONS
ILLEGAL
PENALTY:
FOUNDERS,
DIRECTORS,
AND
PRESIDENTS OF ASSOCIATION
Prision Correccional in its minimum
and medium periods and a fine not
exceeding 1,000 pesos.
MERE MEMBERS Arresto Mayor.
Illegal Associations
1. Association totally or partially
organized for the purpose of
committing any of the crimes
punishable under the Code.
2. Associations totally or partially
organized
for
some
purpose
contrary to public morals.
ILLEGAL ASSOCIATION VS. ILLEGAL
ASSEMBLY
ILLEGAL
ASSOCIATION
ILLEGAL
ASSEMBLY
It is not necessary
that there be an
actual meeting
It is necessary that
there
is
actual
meeting
or
assembly of armed
person.
It is the meeting
and attendance at
such meeting that
are punished.
It is the act of
forming
or
organizing
and
membership in the
association that are
punished.
Persons liable:
1. The
founders,
directors and
president
2. The
members
Persons liable:
1. The
organizers or
leaders
of
the meeting
2. The
person
present
at
meeting.
____________________
CHAPTER IV ASSAULT UPON, AND
RESISTANCE AND DISOBEDIENCE TO,
Prison
Correccional in its minimum period
and a fine not exceeding 500
pesos.
QUALIFIED ASSAULT Prision
Correccional in its medium and
maximum periods and a fine not
exceeding 1,000 pesos
TWO WAYS OF COMMITING
CRIME OF DIRECT ASSAULT
THE
DEGREE
OF
Force
Intimidati
on
Resistanc
e
PERSON IN
AUTHORITY
Need not be
serious.
It must be
serious
in
character
It must be
serious
in
character
AGENT OF
PERSON IN
AUTHORUTY
It must be of
a
serious
character.
It must be
serious
in
character
It must be
serious
in
character
AGENT OF
PERSON IN
AUTHORITY
EXAMPLES
EXAMPLES
1. The
municipal
mayor. (US v
Gumban, 39
Phil. 761)
2. Division
superintende
nt of schools.
(People
v.
Benitez, 73
Phil. 671)
3. Public
and
private
school
teachers.
(Art. 152, as
amended by
RA 1978)
4. Teachernurse.
Sarcepuedes
v. People, 90
Phil. 228)
5. President of
1. Policemen.
(US v. Cox, 3
Phil. 140)
2. Municipal
treasurer
(Provincial
Treasurer is
the person in
authority).
(People
v.
Ramos
57
Phil. 462)
3. Postmaster
(Director of
Post is the
person
in
authority).
(People
v.
Acierto,
57
Phil. 614)
4. Rural
policeman
who is duly
sanitary
division.
(People
v.
Quebral, et
al., 73 Phil.
640)
6. Jucstice
of
the
Peace.
(US
v.
Garcia,
20
Phil. 358)
appointed by
the
mayor.
(People
v.
Dosal,
92
Phil. 877)
5. Sheriff.
(People
v.
Hernandez,
59 Phil. 343)
6. Barangay
Chief Tanod.
(People
v.
Recto,
GR
No. 129069,
October 17,
2001)
IN THE
PERFORMANCE
OF OFFICIAL
DUTY
ON OCCASION OF
SUCH
PERFORMANCE
OF OFFICIAL
DUTY
Motive
is Evidence of motive
immaterial.
of the offender is
important.
Direct assault is qualified
1. When the assault is committed
with a weapon; or
2. When the offender is a public
officer or employee; or
3. When the offender lays hand upon
a person in authority.
When the assault results in the killing of
that agent or of a person in authority, the
offense committed is complex crime of
direct assault with murder or homicide, as
the case may be (People v. Manigbas, et
al., GR Nos. L-10352-53, September 30,
1960). However, when the material
consequence is a light felony (slight
physical injuries), it is absorbed in the
crime of direct assault, as the same is the
necessary consequence of the force or
violence inherent in all kinds of assault.
(People v. Acierto, 57 Phil. 614)
ARTICLE 149 INDIRECT ASSAULTS