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Crimes Against Public Order
Crimes Against Public Order
Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University
LESSON 3:
CRIMES AGAINST PUBLIC
ORDER
CJL3 – CRIMINAL LAW BOOK 2
(2) As to purpose
In rebellion, the purpose is always political.
In sedition, the purpose may be political or social. Example: the uprising of
squatters against Forbes park residents. The purpose in sedition is to go
against established government, not to overthrow it.
Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University
2. The participants –
a. Any person who participates or executes the commands of others in rebellion,
insurrection or coup d' etat;
b. Any person not in the government service who participates, supports, finances,
abets or aids in undertaking a coup d' etat.
Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University
• To inflict any act of hate or revenge upon the person or property of any
public officer or employee;
• To commit, for any political or social end, any act of hate or revenge
against private persons or any social classes;
• 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.
Manner of Commission
Acts punished
1. Using force, intimidation, threats, or frauds to prevent any
member of Congress from attending the meetings of Congress
or of any of its committees or subcommittees, constitutional
commissions or committees or divisions thereof, or from
expressing his opinion or casting his vote;
Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University
Elements
1. Offender uses force, intimidation, threats or fraud;
2. The purpose of the offender is to prevent any member of
Congress from –
a. attending the meetings of the Congress or of any of its
committees or constitutional commissions, etc.;
b. expressing his opinion; or
c. casting his vote.
Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University
Elements
1.Offender makes an attack, employs force, makes a serious intimidation, or makes a serious
resistance;
2.The person assaulted is a person in authority or his agent;
3.At the time of the assault, the person in authority or his agent is engaged in the actual
performance of official duties, or that he is assaulted by reason of the past performance of
official duties;
4.Offender knows that the one he is assaulting is a person in authority or his agent in the
exercise of his duties.
5.There is no public uprising.
Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University
The victim in indirect assault should be a private person who comes in aid of an agent
of a person in authority. The assault is upon a person who comes in aid of the person
in authority. The victim cannot be the person in authority or his agent.
Elements
1. Offender was already convicted by final judgment of
one offense;
2. He committed a new felony before beginning to serve
such sentence or while serving the same.
Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University