Crimes Against Public Order: Articles 134-160, Book Ii, Revised Penal Code of The Philippines
Crimes Against Public Order: Articles 134-160, Book Ii, Revised Penal Code of The Philippines
Insurrection
The object is to effect some
change of minor
importance, or to prevent
the exercise of
governmental authority
with respect to particular
matters or subjects
References:
1. Reyes, Revised Penal Code
2. Boado, Comprehensive Reviewer in Criminal Law
3. 2012 UP Law Bar Reviewer in Criminal Law
CRIMES AGAINST PUBLIC ORDER|Page 1 of 8
Rebellion
There must be taking up of
arms against the
government.
The purpose is always
political
Crimes committed as a
means of or as an
unintended effect are
absorbed and cannot be
isolated and charged as
separate crimes.
Coup dtat
Offender belongs to the
military or police or holding
any public office or
employment.
Purpose is to seize or
diminish state power.
Illegal Assembly
There must be an actual
meeting or assembly
What is punished are the
meeting and the attendance
therein
Persons liable:
1. Organizers
or
leaders of the
meeting
2. Persons present at
the meeting
Illegal Association
Actual
meeting
not
necessary
What is punished is the act
of forming or organizing the
association
Persons liable:
1. Founders,
directors, president
2. The members
Note:
Public Officer
Any person who
takes part in the
performance of
public functions
in the
government.
Note:
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.
Agents of a
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.
Direct Assault
The person in authority or
his agent must be engaged
in the performance of
official duties or that he is
assaulted by reason thereof
Committed in four ways
(see Art. 148, Mode 2
above)
Note:
Violation of Conditional
Pardon
Does not cause harm or
injury to the right of another
person nor does it disturb
the public order; merely an
infringement
of
the
stipulated
terms
in
conditional pardon
Evasion of Service of
Sentence
An attempt at least to evade
the penalty inflicted by the
courts upon criminals and
thus defeat the purpose of
the law of either reforming
or punishing them for
having disturbed the public
order.