Lesson 3 Crimes Against Public Order
Lesson 3 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
Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University
(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.
Persons liable for sedition under Article 140
1. The leader of the sedition; and
2. Other person participating in the sedition.
Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University
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 is a public officer of employee;
2. He arrests or searches any member of Congress;
3. Congress, at the time of arrest or search, is in regular or special session;
4. The member arrested or searched has not committed a crime
punishable under the Code by a penalty higher than prision mayor.
Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University
Elements
• There is a meeting, a gathering or group of persons, whether in fixed place
or moving;
• The meeting is attended by armed persons;
• The purpose of the meeting is to commit any of the crimes punishable
under the Code.
Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University
Elements
1. Offender employs force or intimidation;
2. The aim of the offender is to attain any of the purposes of the crime of
rebellion or any of the objects of the crime of sedition;
3. There is no public uprising.
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.
DISOBEDIENCE TO A PERSON IN
AUTHORITY OR THE AGENTS OF SUCH
PERSON
Elements of resistance and serious disobedience under the first
paragraph
1. A person in authority or his agent is engaged in the performance of
official duty or gives a lawful order to the offender;
2. Offender resists or seriously disobeys such person in authority or his
agent;
3. The act of the offender is not included in the provision of Articles
148, 149 and 150.
Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University