ELEMENTS PIECES OF LANDMARK

EVIDENCE CASE
REQUIRED
Art. 144- 1. That there be a 1. It must be a (People vs. Calera,
DISTURBANCE OF meeting of meeting of a et al., C.A., 45
PROCEEDINGS Congress or legislative O.G. 2576)
any of its body or of Thus, where during
committees, provincial the meeting of
constitutional board or city municipal officials
commissions or or municipal called by the
committees or council or mayor, the chief of
divisions which is police kept on
thereof, or of disturbed. talking although he
any provincial 2. The complaint had been asked by
board or city or for the mayor to sit
municipal disturbance of down, and there
council or proceedings was a heated
board may be filed exchange of words
2. That the by a member among the mayor,
offender does of a legislative a councilor and the
any of the body. chief of police, and
following acts: in the ensuing
a. he disturbs confusion, the
any of such crowd watching the
meetings proceeding
b. he behaves dispersed and the
while in the meeting was
presence of eventually
any such dissolved, the chief
bodies in of police is not
such a guilty under Art.
manner as 131, but under Art.
to interrupt 287, for unjust
its vexation.
proceeding
s or to
impair the
respect due
it

Art. 145- VIOLATION 1. Using force, 1. It is sufficient For

OF intimidation, that the unparliamentary
PARLIAMENTARY threats, or offender, in conduct, members
IMMUNITY frauds using force, of Parliament or of
to prevent any intimidation, Congress have
member from threats, or been, or could be
a. Attending the frauds, has censured,
meetings of the purpose to committed to
Congress or prevent a prison, suspended,
any of its member of even expelled by
committees or the National the votes of their
subcommittees, Assembly colleagues.
constitutional from (Osmena, Jr. vs.
commissions or exercising any Pendatun, et al.,
committees or of his such 109 Phil. 863)
divisions prerogatives.
thereof, or from 2. 1987
b. Expressing Constitution
his opinions or exempts
c. Casting his member of
vote. Congress
from arrest,
 while the
Elements: Congress is in
session, for all
a. That the offenses
offender uses punishable by
force, a penalty less
intimidation, than prision
threats or fraud; mayor.

b. That the
purpose of the
offender is to
prevent any
member of
Congress
from
—

i.
Attending
the meetings of
the
Congress or
any of its
committees
or constitutional
commissions,
etc.; or
ii.
Expressing
his opinions; or
iii.
Casting
his vote.

2. Arresting or
searching any
member while
Congress is in session,
except in cases
where such member
has committed a
crime punishable
under the Code by a
penalty
higher than prision
mayor.

Elements:

a. That the offender is

a public officer or
employee;
b. That he
arrests or searches
any
member of Congress;
c. That the Congress,
at the time of
arrest or search, is in
regular
 or
special session
;
d. That the member
arrested or searched
has
not
committed a crime
punishable
under the Code by a
penalty
higher
than
prision mayor.

Art. 146- ILLEGAL FORMS OF ILLEGAL 1. The persons -

ASSEMBLIES ASSEMBLIES: present at the
meeting must
1. Any meeting be armed in
attended by armed the first form
persons of illegal
for the assembly but
purpose of committing not all the
any of the persons
crimes punishable present at the
under the Code meeting of the
Requisites: first form of
a. That there is a illegal
meeting, gathering or assembly
group of persons, must be
whether in a fixed armed.
place or moving; 2. The unarmed
b. That the meeting is person merely
attended by armed present at the
persons; meeting of the
c. That the purpose of first form
the meeting is to assembly is
commit any of the liable.
crimes punishable 3. If in a meeting
under the Code. the audience
is incited to
2. Any meeting in the
which the audience, commission of
whether armed or not, rebellion or
is incited sedition, the
to the crimes
commission of the committed are
crime of treason, (1) illegal
rebellion or assembly as
insurrection, sedition, regards: (a)
or the organizers
assault upon a person or leaders; (b)
in authority persons
Requisites: merely
present; and
a. That there is a (2) inciting to
meeting, a gathering or rebellion or
group of persons, sedition
whether in a fixed insofar as the
place or moving; one inciting
b. That the audiences, them is
 whether armed or concerned.
not, 4. The persons
is incited merely
to the commission of present at the
the meeting must
crime of treason, have a
rebellion or common
insurrection, sedition or intent to
direct assault. commit the
felony of
illegal
assembly.
Art. 147- ILLEGAL 1. It is not The Lapiang
ASSOCIATIONS 1. Organized necessary Sakdalista was
that there be declared an illegal
totally or
an actual association,
partially for the meeting. because it strived
purpose of 2. It is the act of to stir up
committing any forming or dissatisfaction
of the crimes in organizing among the laboring
and class, instigated
RPC
membership them to break the
2. Or for some in the laws and led them
purpose association to bloody riots and
contrary to that are inflamed them to
public morals punished. rise up against the
3. the persons government.
liable are: the (People vs.
founders, Ramos, C.A., 40
directors and O.G. 2305)
president, and
the members.
Art. 148- DIRECT ELEMENTS OF THE 1. It is The act of the
ASSAULT 1ST FORM OF DIRECT unnecessary accused in
that the preventing by force
ASSAULT
offended party the holding of a
1. That the in the first popular election in
offender employs form of direct certain precincts,
force or assault be a without public
intimidation. person in uprising, is direct
authority or assault (of the first
2. That the aim of
his agent. If form). (Clarin vs.
the offender is to the aim of the Justice of the
attain any of the offender is to Peace, G.R. No. L-
purposes of the attain an 7661, April
crime of rebellion object of 30,1955)
or any of the sedition, the
offended party
objects of the may be a
crimes of sedition. private
(victim need not individual or
be person in person
authority) belonging to a
social class.
3. That there is no
2. The word
public uprising. “attack”
ELEMENTS OF THE includes any
2ND FORM OF offensive or
DIRECT ASSAULT: antagonistic
movement or
1. That the
action of any
offender (a) kind.
 makes an attack, 3. If the offended
(b) employs force, party is only
an agent of a
(c) makes a
person in
serious authority, the
intimidation, or (d) force
makes a serious employed
resistance. must be of a
serious
2. That the person
character as
assaulted is a to indicate
person in determination
authority or his to defy the
agent. law and its
3. That at the time representative
at all hazards.
of the assault the 4. The force
person in employed
authority or his need not be
agent (a) is serious when
engaged in the the offended
party is a
actual
person in
performance of authority.
official duties 5. The
(motive is not intimidation or
essential), or that resistance
must be
he is assaulted
serious
(b) by reason of whether the
the past offended party
performance of is an agent
official duties only or he is a
(motive is person in
authority.
essential). 6. The
4. That the resistance
offender knows must be
that the one he is active.
assaulting is a 7. The
intimidation
person in
must be
authority or his serious.
agent in the 8. The
exercise of his intimidation
duties (with must produce
its effects
intention to
immediately.
offend, injure or 9. The status as
assault). a person in
5. That there is no authority
public uprising. being a matter
of law,
ignorance
thereof is no
excuse.
10. Knowledge of
the accused
that the victim
is a person in
authority or
his agent,
 essential.
11. Defendant
must have the
intention to
defy the
authorities.
12. It is not
necessary
that the
person in
authority or
his agent is in
the actual
performance
of his official
duty when
attacked or
seriously
intimidated.
Art. 149- INDIRECT 1. That a person 1. Indirect -
ASSAULT in authority or his assault can
be committed
agent is the victim
only when a
of any of the direct assault
forms of direct is also
assault defined in committed.
ART. 148. 2. The offended
party in
2. That a person
indirect
comes to the aid assaults may
of such authority be private
or his agent. person.
3. That the
offender makes
use of force or
intimidation upon
such person
coming to the aid
of the authority or
his agent.

Art. 150- Acts punishable: 1. The testimony

DISOBEDIENCE TO 1. refusing without of the person Art. 150 may not
SUMMONS ISSUED summoned apply when the
legal excuse to
BY THE NATIONAL must be upon papers or
ASSEMBLY OR ITS obey summons matters into documents may be
COMMITTEE OR 2. refusing to be which the used in evidence
CONSTITUTIONAL sworn or placed National against the owner
COMMISSION under affirmation Assembly has thereof, because it
jurisdiction to would be
3. Refusing to
inquire. equivalent to
answer any legal compelling him to
inquiry to produce 2. The phrase be witness against
books, records “without legal himself. (Uy
etc. excuse in this Khaytin vs.
4. restraining article Villareal, 42 Phil.
indicates that 886)
another from only
attending as disobedience
witness in such without legal
 body excuse is
5. inducing punishable.
disobedience to a
summons or
refusal to be
sworn

Art. 151- ELEMENTS PAR. 1. The

RESISTANCE 1 disobedience U.S. vs Bautista,
DISOBEDIENCE TO A contemplated 31 Phil 308
1. That a person
PERSON IN consists in the One who resists an
AUTHORITY OR THE in authority or his failure or arrest, without
AGENT OF SUCH agent is engaged refusal to knowing that the
PERSON (par. 1) in the obey a direct person or persons
performance of order from the who are attempting
SIMPLE authority or to make the arrest
official duty or
DISOBEDIENCE (par. his agent. are vested with
2) gives a lawful 2. The accused authority. but who
order to the must have submits to the
offender. knowledge arrest immediately
2. That the that the upon being
offender resists or person informed
arresting him that such persons
seriously is a person in have a right to
disobeys such authority. make the arrest, is
person in 3. In par. 2 the not
authority or his disobedience guilty of the crime
agent. should not be of resistance to the
of a serious agents of the
3. That the act of
nature. authorities.
the offender is not 4. When the
included in the attack or
provisions of arts. employment
148, 149 and 150. of force is not
deliberate, the
crime is only
ELEMENTS PAR. resistance or
2 disobedience.
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.
Art. 152- PERSONS Persons in Authority – 1. A person in (People vs
IN any person directly authority is Ceprioso, CA., 52
AUTHORITY/AGENTS one “directly O.G. 2609)
vested with jurisdiction,
OF PERSONS IN vested with The spirit and
AUTHORITY whether as an jurisdiction” purpose behind
individual or as a 2. To be an Commonwealth
member of some court agent of a Act No. 578 is to
or governmental person in give teachers
authority, one protection, dignity
corporation, board or
must be and respect while
commission. charged with in the performance
1. Barangay (1) the of their official
captain maintenance duties. This
2. Barangay of public protection extends
chairman order, and (2) not only against
the protection pupils or relatives
3. Teachers and security of pupils, but
4. Professors of life and against all persons
5. Persons property. who knowingly
charged with the 3. The offender attack a teacher
supervision of need not be a while engaged in
pupil or the the performance of
public or duly
parent if a his official duties.
recognized pupil. Respect for a
private schools, 4. Professors of teacher is required
colleges and private of all persons,
universities colleges and whether pupils,
universities, parents, or
6. Lawyers in the
etc. are otherwise, if we are
actual persons in to uphold and
performance of authority for enhance the
their professional the purpose of dignity of the
duties or on the Articles 148 teaching
occasion of such and 151. profession which
the law similarly
performance enjoins upon all
Agent of Person in persons for the
Authority – any sake of the pupils
person who, by direct and the profession
provision of law or by itself.
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

Art. 153- TUMULTS TYPES OF TUMULTS 1. Serious (People vs

AND OTHER AND OTHER disturbance Bacolod, 89 Phil
DISTURBANCES OF DISTURBANCES OF must be 621)
PUBLIC ORDER PUBLIC ORDER: planned or the defendant
1. Causing any intended. therein was
serious 2. If the act of convicted on
disturbing or a plea of guilty of
disturbance in a
interrupting a physical injuries
public place, meeting or through reckless
office or religious imprudence. Based
establishment ceremony is on the same
2. Interrupting or not committed facts, he was also
by public accused of having
disturbing public
officers, or if caused public
performances, committed by disturbance. The
functions, public officers plea of double
gatherings or they are jeopardy
peaceful participants interposed by the
meetings, if the therein, Art. accused was
153 should be rejected on the
act is not included applied. ground that the two
in Art 131 and 3. Outcry means offenses
132 (Public to shout were not the same,
Officers subversive or although they
interrupting provocative arose from the
words tending same act.
peaceful meetings
to stir up the
or religious people to
worship). obtain by
3. Making any means of
outcry tending to force or
violence any
incite rebellion or
of the objects
sedition in any of rebellion or
meeting, sedition.
association or 4. The
public place disturbance or
4. Displaying interruption
shall be
placards or deemed to be
emblems which tumultuous if
provoke a caused by
disturbance of more than
public order in three persons
who are
such place
armed or
5. Burying with provided with
pomp the body of means of
a person who has violence.
been legally
executed.

Art. 154- UNLAWFUL TYPES OF 1. Actual public -

USE OF MEANS OF UNLAWFUL USE OF disorder or
PUBLICATION AND MEANS OF actual
UNLAWFUL PUBLICATION AND damage to the
UTTERANCES UNLAWFUL credit of the
UTTERANCES: State not
1. Publishing or necessary.
 causing to be 2. The offender
published, by must know
that the news
means of printing,
is false which
lithography or any may endanger
other means of the public
publication as order, etc.
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.

Art. 155- ALARMS  TYPES OF 1. The discharge of -

AND SCANDALS ALARMS AND the firearm should not
be aimed at a person.
 SCANDALS: 2. it is the result, not
1. Discharging the intent, that
counts. The act must
any firearm,
produce alarm or
rocket, danger as a
firecracker, or consequence.
other explosive 3. Charivari includes
within any town or a medley of
discordant voices, a
public place,
mock serenade of
calculated to discordant noises
cause alarm or made on kettles, tins,
danger horns, etc., designed
2. Instigating or to annoy and insult.
taking active part 4. Disturbance of
serious nature falls
in any charivari or under Art. 153.
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).

Art. 156- 1. That there is a 1. Prisoner may be -

DELIVERING person confined under detention only.
PRISONERS FROM 2. Hospital or asylum
in a jail or penal
JAILS considered extension
establishment. of jail or prison.
2. That the 3. Offender is usually
offender removes an outsider.
therefrom such 4. The guard of the
jail, who is off duty,
person, or helps
may be held liable for
the escape of delivering prisoner
such person from jail.
5. Violence,
intimidation or bribery
is not necessary.
6. Employment of
deceit is not an
element of the
 offense.
7. A person delivering
a prisoner from jail
may be held liable as
accessory.
Art. 157- EVASION 1. That the 1. The sentence must
OF SERVICE OF offender is a be by reason of final (Curiano vs Court
SENTENCE judgment. of First Instance,
convict by final
2. Not applicable to G.R. L-8104, Apr.
judgment. sentence executed 15, 1955) If the
2. That he is by deportation. accused escaped
serving his 3. Art. 157 is while the sentence
sentence which applicable to of conviction was
sentence of destierro. under appeal, he is
consists in
4. Compliance with not liable under
deprivation of the penalty of Art. 157, the
liberty (destierro destierro should not judgment not
included) be excused upon so having become
3. That he evades flimsy a cause. final, and this is
the service of his true even if his
appeal was later
sentence by dismissed because
escaping during he had escaped.
the term if his
sentence. (fact of
return immaterial).

ART. 158- EVASION 1. That the 1. The offender must (Artigas Losada vs
OF SERVICE OF offender is a be a convict by final Acenas, 78 Phil
SENTENCE ON THE judgment. 228)
convict by final
OCCASION OF 2. The convict must These are
DISORDERS, judgement who is leave the penal considerations that
CONFLAGRATIONS, confined in a institution. more properly
EARTHQUAKES OR penal institution. 3. What is punished belong to the
OTHER CALAMITIES 2. That there is is not the leaving of legislative
the penal institution, department, should
disorder, resulting
but the failure of the an amendment to
from- convict to give the law be
a. conflagration, himself up to the proposed. They
authorities within 48 are likewise
b. earthquake, hours after the equitable pleas,
proclamation which the
c. explosion, or announcing the executive
passing away of the department could
d. similar catastrophe, calamity. properly entertain
or 4. If the offender fails in connection with
to give himself up, he petitions for parole
gets an increased or pardon of the
e. mutiny in which he
penalty. prisoners. The
has not participated. 5. If the offender special allowance
gives himself up, he for loyalty
3. That the is entitled to a authorized by
offender deduction of 1/5 of Articles 98 and 158
evades the his sentence. of the Revised
6. Mutiny in this Penal Code refers
service of his article implies an to those convicts
sentence by organized unlawful who, having
leaving the resistance to a evaded the service
superior officer; a of their sentences
penal institution
sedition; a revolt. by leaving the
where he is penal institution,
confined, on give themselves up
 within two days. As
the occasion of these petitioners
such disorder are not in that
class, because
or during the they have not
mutiny. escaped, they
4. That the have no claim to
offender fails to that allowance. For
one thing, there is
give himself up
no showing that
to the they ever had the
authorities opportunity to
within 48 hours escape, or that
following the having such
insurance of a opportunity, they
had the mettle to
proclamation by take advantage of
the chief it or to brave the
executive perils in connection
announcing the with a jailbreak.
passing away And there is no
assurance that had
of such
they successfully
calamity. run away and
regained their
precious liberty,
they would have,
nevertheless,
voluntarily
exchanged it later
with the privations
of prison life,
impelled by that
sense of right and
loyalty to the
Government, which
is sought to be
rewarded with the
special allowance.
RA 6235 ANTI- Acts punishable: 1. An (People vs Ang
HIJACKING LAW 1. It shall be aircraft is in flight Cho Kio, 95 Phil.
from the moment all 475)
unlawful for any
its external doors are The act of the
person to compel closed following accused, who
a change in the embarkation until compelled the pilot
course or any of such doors is to change the
destination of opened for course of the
disembarkation. airplane from laoag
an aircraft of
2. The aircraft must to Amoy instead of
Philippine be of Philippine directing it to Aparri
registry, or to registry and it and, in not
seize or usurp the must be in flight. complying with
control thereof, 3. An aircraft is such illegal
while it is in flight. considered in flight requirement, the
from the moment accused
all exterior doors are discharged various
2. It shall likewise closed following the revolver shots,
be unlawful for embarkation until killing him, could
any person to such time when the have been
compel an aircraft same doors are punished under
again opened for sec. 2 of R.A.
of foreign registry
disembarkation. 6235, had this law
to land in 4. If the aircraft is of been already in
Philippine territory Philippine registry but effect.
it is not in
or to seize or
flight and any of the
usurp the control four circumstances
thereof while it is mentioned
within the said under RA 6235 is
territory. committed.
5. the Anti‐Hijacking
3. It shall be
law will not apply and
unlawful for any the acts
person, natural or will be punished
juridical, to ship, accordingly under the
load or carry in RPC or the
any applicable special
penal laws.
passenger aircraft
operating as a
public utility within
the Philippines,
and explosive,
flammable,
corrosive or
poisonous
substance or
material.