Criminal Law Book 2

CRIMES AGAINST PUBLIC ORDER

1. Rebellion or Insurrection Art. 134

2. Coup d’etat Art 134-A
3. Conspiracy and proposal to commit Coup d’etat, rebellion or insurrection Art. 136
4. Disloyalty of public officers or employees Art. 137
5. Inciting to rebellion Art. 138
6. Sedition Art. 139
7. Conspiracy to commit sedition Art. 141
Cont.

8. Inciting to Sedition Art. 142

9. Acts tending to prevent the meeting of Congress and similar bodies Art. 143
10. Disturbance of proceedings of Congress or similar bodies Art. 144
11. Violation of parliamentary immunity Art. 145
12. Illegal assemblies Art. 146
13. Illegal associations Art. 147
Cont.

14. Direct assaults Art. 148

15. Indirect assaults Art. 149
16. Disobedience to summons issued by Congress, its committees, etc., by the
Constitutional commissions, its committees, etc. Art. 150
17. Resistance and disobedience to a person in authority or the agents of such person
Art. 151
Cont.

18. Tumults and other disturbances of public order Art. 153

19. Unlawful use of mans of publication and unlawful utterances Art. 154
20. Alarms and scandals Art. 155
21. Delivering a prisoners from jail Art. 156
22. Evasion of service of sentence Art. 157
Cont.

23. Evasion on occasion of disorders Art. 158

24. Violation of conditional pardon Art 159
25. Commission of another crime during service of penalty imposed for another
previous offense Art. 160
Art. 134 Rebellion or Insurrection

- The crime of rebellion or insurrection is committed by rising publicly and taking arms against the
Government for the purpose of removing from the allegiance to said Government or its laws, the
territory of the Philippine Islands or any part thereof, of any body of land, naval or other armed
forces, depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or
prerogatives.
Elements

1. That there be (a) public uprising, and (b) taking arms against the Government.
2. That the purpose of the uprising or movement is either-
a. To remove from the allegiance to said Government or its laws:
1. The territory of the Philippines or any part thereof; or
2. Any body of land, naval or other armed forces; or
b. To deprive the Chief Executive or Congress, wholly or partially, of any of their
powers or prerogatives..
Rebellion and insurrection are not synonymous

Rebellion is more frequently used where the object of the movement is completely to
overthrow and supersede the existing Government.
Insurrection on the other hand is more commonly employed in reference to a
movement which seeks merely to effect some change of minor importance, or to
prevent the exercise of governmental authority with respect to a particular matters or
subjects. (Revised Penal Code, By Luis Reyes)
Purpose of the uprising must be shown

- There must be shown, evidence which would indicate the motive or purpose of the
accused.
- Thus, even if 40 men entered a municipal hall, attacked the policemen therein,
and kidnapped the Municipal Mayor, the crime committed is kidnapping and not
rebellion.
Take Note:
The purpose must be those listed in the Elements!
Nature of the crime of rebellion

The crime of rebellion or of inciting it is by nature a crime of masses, of a multitude. It

is a vast movement of men and a complex net of intrigues and plots. (People v.
Almazan, CA., 37 O.G. 1932)
- A civil war on a bigger or lesser scale.
Example : 400 Huks after fighting the Constabulary soldiers took possession of the
Municipal building and proclaimed the independence of the Philippine Republic.
Rebellion as distinguished from Treason

1. The levying of war against the Government would constitute Treason when
performed to aid the enemy. While in Art. 134, the levying of war against the
Government during peace time for any of the purpose stated therein is rebellion.
2. Rebellion always involved taking up arms, while in Treason, mere adherence to
the enemy, giving them aid and comfort is sufficient to consummate the crime.
Art. 134-A Coup d’etat

- The crime of coup d'etat is a swift attack accompanied by violence, intimidation, threat, strategy or
stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military
camp or installation, communications network, public utilities or other facilities needed for the
exercise and continued possession of power, singly or simultaneously carried out anywhere in the
Philippines by any person or persons, belonging to the military or police or holding any public office
of employment with or without civilian support or participation for the purpose of seizing or
diminishing state power.
Elements

1. That the offender is a person or persons belonging to the military or police or

holding any public office or employment;
2. That it is committed by means of a swift attack accompanied by violence,
intimidation, threat, strategy, or stealth;
3. That the attack is directed against the duly constituted authorities of the Republic
of the Philippines, or any military camp or installation, communication networks,
public utilities, or other facilities needed for the exercise and continued possession
of power;
4. That the purpose of the attack is to seize or diminish state power.
Cont.

- The crime of coup d’etat can be committed with or without civilian participation.
Example of the Crime:
100 Magdalo Soldiers led by Col. Trillanes, attacked Camp Crame, seized it from the
authorities, and asked Pres. Arroyo to step down of the Presidency.
Who are liable for rebellion, insurrection and/or cou[ d’etat?

A. The leaders-
i.) Any person who a) promotes, b) maintains, or c) heads a rebellion or
insurrection; or
ii.) Any person who a) leads, b) directs, or c) commands others to undertake a
coup d’etat.
Cont.

B. The participants -
i.) Any person who a) participates or b) executes the commands of others in
rebellion, or insurrection;
ii.) Any person in the Government service who a) participates, or b) executes
directions or commands of others in undertaking a coup d’etat;
iii.) Any person not in the Government service who a) participates, b)
supports, c.) finances, d.) abets or e.) aids in undertaking a coup d’etat.
Complex crime of rebellion with murder and other common crimes:

- The Supreme court ruled that Art. 48 does not apply. This is because being in the
purview of “engaging in war” and “committing serious violence” as provided for
in Art. 135, said resort to arms, with the resulting impairment or destruction of life
and property, constitutes not two or more offenses, but only one crime - That of
rebellion plain and simple.
- This is why acts committed in furtherance of rebellion are absorbed in the the
crime of rebellion.
Killing, robbing etc. must be politically motivated to be absorbed in
rebellion.

If the killing, robbing, etc., during rebellion is done for private purpose or for profit,
without any political motivation, the crimes committed would be separately punished.
What are examples of political motives?
-To remove the allegiance of a certain territory to the Government of the Philippines.
- To diminish state power.
Art. 136 Conspiracy and proposal to commit coup d’etat, rebellion, or
insurrection

The conspiracy and proposal to commit coup d'etat shall be punished by prision mayor in minimum period
and a fine which shall not exceed eight thousand pesos (P8,000.00).

The conspiracy and proposal to commit rebellion or insurrection shall be punished respectively, by prision
correccional in its maximum period and a fine which shall not exceed five thousand pesos (P5,000.00) and
by prision correccional in its medium period and a fine not exceeding two thousand pesos (P2,000.00).
Two crimes are defined and penalized in this Article:

1. Conspiracy to commit rebellion, and

2. Proposal to commit rebellion.
- There is conspiracy to commit rebellion when two or more persons come to an
agreement to rise publicly and take arms against the Government for any of the
purposes of rebellion and decide to commit it.
- There is proposal to commit rebellion when the person who has decided to rise
publicly and take arms against the Government for any of the purposes of
rebellion proposes its execution to some other person or persons.
Agreeing and Deciding to rise publicly and take arms against the
Government:

Persons merley agreeing and deciding among themselves to rise publicly and take arms
against the Government for the purposes mentioned in Art. 134 without actually
committing it or those merely proposing the commission of said acts to other persons
without actually performing those overt acts under Art. 134, are already subject to
punishment ( People v. Geronimo 100 Phil. 90)
Take Note!
The mere agreement and proposal to commit rebellion is punishable. There is no need to
actually commit rebellion!
Art. 137 Disloyalty of public officers or employees

- The penalty of prision correccional in its minimum period shall be imposed upon public
officers or employees who have failed to resist a rebellion by all the means in their power, or
shall continue to discharge the duties of their offices under the control of the rebels or shall
accept appointment to office under them.
Offender must be a public officer or employee

Acts of disloyalty which are punished:

1. By failing to resist a rebellion by all the means in their power;
2. By continuing to discharge the duties of their offices under the control of the
rebels; or
3. By accepting appointment to office under them
Take Note:

- The crime of disloyalty of public officers presupposes the existence of rebellion

by other persons. If there no is no rebellion to speak of, there can be no disloyalty.
- The offender under Art. 137 must not be in conspiracy with the rebels, otherwise
he will be guilty of rebellion, not mere disloyalty, because in conspiracy, the act
of one, is the act of all.
Art. 138 Inciting to rebellion or insurrection

- The penalty of prision mayor in its minimum period shall be imposed upon any person who,
without taking arms or being in open hostility against the Government, shall incite others to the
execution of any of the acts specified in article 134 of this Code, by means of speeches,
proclamations, writings, emblems, banners or other representations tending to the same end.
Elements:

1. That the offender does not take arms or is not in open hostility against the
Government;
2. That he incites others to the execution of any of the acts of rebellion;
3. That the inciting is done by means of speeches, proclamations, writings, emblems,
banners or other representations tending to the same end.
Inciting to commit rebellion distinguished from proposal to commit
rebellion

1. In both crimes, the offender induces another to commit rebellion.

2. In proposal, the person who proposes has decided to commit rebellion; in inciting
to rebellion, it is not required that the offender has decided to commit rebelion.
3. In proposal, the person who proposes the execution of the crime uses secret
means; in inciting to rebellion, the act of inciting is done publicly.
Art. 139 Sedition

- The crime of sedition is committed by persons who rise publicly and tumultuously in order to attain by force,
intimidation, or by other means outside of legal methods, any of the following objects:
1. To prevent the promulgation or execution of any law or the holding of any popular election;
2. To prevent the National Government, or any provincial or municipal government or any public officer thereof
from freely exercising its or his functions, or prevent the execution of any administrative order;
3. To inflict any act of hate or revenge upon the person or property of any public officer or employee;
4. To commit, for any political or social end, any act of hate or revenge against private persons or any social class;
and
5. To despoil, for any political or social end, any person, municipality or province, or the National Government (or
the Government of the United States), of all its property or any part thereof.
Elements

1. That the offenders rise 1) publicly, and 2) tumultuously;

2. That they employ force, intimidation, or other means outside of legal methods;
3. That the offenders employ any of those means to attain any of the following
objects:
a.) To prevent the promulgation or execution of any law or the holding of any
popular election
Cont.
b.) To prevent the National Government, or any provincial or municipal
government, or any public officer thereof from freely exercising its functions, or prevent
the execution of any administrative order;
c.) To inflict any act of hate or revenge upon the person or property of any
public officer or employee;
d.) To commit, for any political or social end, any act of hate or revenge
against private persons or any social class; and
e.) 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.
Nature of the crime

Sedition, in its general sense, is the raising of commotions or disturbances in the State.
The ultimate object of sedition is violation of the public peace or at least such a course
of measures as evidently engenders it.
Sedition vs. Rebellion

1. In both Sedition and Rebellion there is public uprising. While in rebellion there
must be taking up of arms against the Government; In Sedition, it is sufficient that
the public uprising is tumultuous.
2. In Sedition, the purpose of the offenders may be political or social; In rebellion it
is always political.
Example

On the Night of March 15, a band composed of about 400 men, among whom were the
accused, armed with guns, bolos, and clubs, raided the town, yelling and frightening
the inhabitants thereof. The reason for the uprising was that the rich were loaning
money to the poor at usurious terms, and when the latter were unable to pay the loan,
they compelled their children to work for them as servants. Thus, the motive was
social: To inflict acts of hatred and revenge.
The Crime committed is Sedition.
Art. 141 Conspiracy to commit Sedition

- Persons conspiring to commit the crime of sedition shall be punished by prision

correccional in its medium period and a fine not exceeding 2,000 pesos.
Cont.

- There must be an agreement and a decision to rise publicly and tumultuous to

attain any of the objects of Sedition.
- There is no crime of proposal to commit sedition. Hence proposal to commit
sedition is not punishable.
Art. 142 Inciting to commit sedition

- The penalty of prision correccional in its maximum period and a fine not exceeding 2,000 pesos shall be imposed upon any
person who, without taking any direct part in the crime of sedition, should incite others to the accomplishment of any of the
acts which constitute sedition, by means of speeches, proclamations, writings, emblems, cartoons, banners, or other
representations tending to the same end, or upon any person or persons who shall utter seditious words or speeches, write,
publish, or circulate scurrilous libels against the (Government of the United States or the Government of the Commonwealth
of the Philippines) or any of the duly constituted authorities thereof, or which tend to disturb or obstruct any lawful officer in
executing the functions of his office, or which tend to instigate others to cabal and meet together for unlawful purposes, or
which suggest or incite rebellious conspiracies or riots, or which lead or tend to stir up the people against the lawful
authorities or to disturb the peace of the community, the safety and order of the Government, or who shall knowingly conceal
such evil practices.
Different acts of inciting to sedition

1. Inciting others to the accomplishment of any of the acts which constitute sedition
by means of speeches, proclamations, writings, emblems, etc.
2. Uttering seditious words or speeches which tend to disturb the public peace.
3. Writing, publishing, or circulating scurrilous libels against the Government or any
of the duly constituted authorities thereof, which tend to disturb the public peace.
Elements

1. That the offender does not take direct part in the crime of sedition.
2. That he incites others to the accomplishment of any of the acts which constitute
sedition.
3. That the inciting is done by means of speeches, proclamations, writings, emblems,
cartoons, banners, or other representations tending to the same end.
Cont.

- It is not inciting to Sedition when it is not proved that the defendant incited the
people to rise publicly and tumultuously in order to attain any of the ends
mentioned in Art. 139
Example

1. Uttering Seditious words:

The accused,a municipal secretary, and other persons happened to meet in
the municipal hall of Bagong Bayan. The Mayor of the town is Gerry. The accused
shouted for several times : “ The residents of this town must used bolos for cutting the
head of Gerry, That corrupt bastard!”
Cont.

2. Uttering Seditious speech:

In a necrological service of an Ex Communist Leader, Ka Pepe made a
speech: “We must rise publicly. We must avenge the death of Ka Pepe. We must kill
those Policemen who has inflicted pain and wounds to our hearts, We must kill all of
them!”
Art. 143 Acts tending to prevent the meeting of the Assembly and similar
bodies

- The penalty of prision correccional or a fine ranging from 200 to 2,000 pesos, or both, shall be
imposed upon any person who, by force or fraud, prevents the meeting of the National Assembly
(Congress of the Philippines) or of any of its committees or subcommittees, constitutional
commissions or committees or divisions thereof, or of any provincial board or city or municipal
council or board.
Elements

1. That there be a projected or actual meeting of Congress or any of its committees

or subcommittees, Constitutional Commissions, or committees or division thereof,
or any provincial board or city or municipal council or board.
2. That the offender who may be any person prevents such meeting by force or
fraud.
Example

The Secretary of Agriculture together with 10 men, armed with guns, threaten the
committee of Education not to start the hearing or else they will shoot them.
Art. 144 Disturbance of proceedings

- The penalty of arresto mayor or a fine from 200 to 1,000 pesos shall be imposed upon any person who
disturbs the meetings of the National Assembly (Congress of the Philippines) or of any of its committees or
subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or
city or municipal council or board, or in the presence of any such bodies should behave in such manner as to
interrupt its proceedings or to impair the respect due it.
Elements

1. That there be a meeting of Congress or any of its committees or subcommittees,

Constitutional Commissions, or committed or division thereof, or of any
provincial board or city or municipal board.
2. That the offender does any of the following acts:
a. He disturbs such meetings.
b. He behaves while in the presence of any of such bodies in such a manner as to
interrupt its proceedings or to impair the respect due to it.
Art. 145 Violation of parliamentary immunity

- The penalty of prision mayor shall be imposed upon any person who shall use force, intimidation, threats, or fraud
to prevent any member of the National Assembly (Congress of the Philippines) from attending the meetings of the
Assembly (Congress) or of any of its committees or subcommittees, constitutional commissions or committees or
divisions thereof, from expressing his opinions or casting his vote; and the penalty of prision correccional shall be
imposed upon any public officer or employee who shall, while the Assembly (Congress) is in regular or special
session, arrest or search any member thereof, except in case such member has committed a crime punishable under
this Code by a penalty higher than prision mayor.
Acts Punishable

1. By using force, intimidation, threats, or frauds to prevent any member of the

National Assembly from 1.) attending the meetings of the Assembly or of any of
its committees or subcommittees, constitutional commissions or committees or
divisions thereof, or from 2.) expressing his opinions, or 3.) casting his votes.
Elements

1. That the offender uses force, intimidation, threats or fraud;

2. That the purpose of the offender is to prevent any member of the National
Assembly from:
a.) attending the meetings of the Assembly or any of its committees or
subcommittees etc.,
b.) expressing his opinions;
c.) casting his vote
Acts Punishable

2. By arresting or searching any member thereof while the National Assembly is in

regular or special session, except in case such member has committed a crime
punishable under the Code by a penalty higher than prison mayor.
Elements

1. That the offender is a public officer or employee;

2. That he arrest or searches any member of the National Assembly;
3. That the Assembly, at the time of arrest or search, is in regular or special session;
4. That the member arrested or searched has not committed a crime punishable
under the Code by a penalty higher than prison mayor.
Parliamentary immunity does not protect members of the National
Assembly from responsibility before the legislative body itself.

Parliamentary immunity guarantees the legislator complete freedom of expression

without fear of being made responsible in criminal or civil actions before the courts or
any other forum outside of the Congressional hall. But it does not protect him from
responsibility before the legislative body itself whenever his words and conduct are
considered by the latter disorderly or unbecoming of a member thereof.
 Art. 146 Illegal Assemblies

- The penalty of prision correccional in its maximum period to prision mayor in its medium period shall be imposed upon the
organizers or leaders of any meeting attended by armed persons for the purpose of committing any of the crimes punishable under
this Code, or of any meeting in which the audience is Doincited to the commission of the crime of treason, rebellion or insurrection,
sedition or assault upon a person in authority or his agents. Persons merely present at such meeting shall suffer the penalty of
arresto mayor, unless they are armed, in which case the penalty shall be prision correccional.

If any person present at the meeting carries an unlicensed firearm, it shall be presumed that the purpose of said meeting, insofar as
he is concerned, is to commit acts punishable under this Code, and he shall be considered a leader or organizer of the meeting
within the purview of the preceding paragraph.

As used in this article, the word "meeting" shall be understood to include a gathering or group, whether in a fixed place or moving.
What are illegal assemblies?

1. Any meeting attended by armed persons for the purpose of committing any of the
crimes punishable under the Code.

Requisites:

a. That there is a meeting, a gathering or group of persons, whether in a fixed place or

moving;
b. That the meeting is attended by armed persons;
c. That the purpose of the meeting is to commit any of the crimes punishable by this code.
Cont.

2. Any meeting in which the audience, whether armed or not, is incited to the commission of
the crime of treason, rebellion or insurrection, sedition, or assault upon a person in authority or
its agents.

Requisites:

a. That there is a meeting, a gathering or group of persons, whether in a fixed place or

moving;
b. That the audience, whether armed or not, is incited to the commission of the crime of
treason, rebellion or insurrection, sedition or direct assault.
The persons present at the meeting must be armed in the first form of illegal
assembly

Thus, if 40 persons who are unarmed, gather together in am meeting for the purpose of
committing theft, they are not guilty of committing the crime of illegal assembly.

Take Note : But if 7 out of the 40 persons who attended the meeting is armed, those 7
are guilty, the rest are also guilty but with lesser penalty.
Persons liable for illegal assembly:

1. The organizers or leaders of the meeting;

2. Persons merely present at the meeting.

As illegal assembly is a felony, the persons merely present at the meeting must
have a common intent to commit the felony of illegal assembly. The absence of
such intent may exempt the persons present for criminal liability.

Thus, if a person happen to be present at an illegal assembly out of curiosity, he is

not liable.
Art. 147 Illegal associations

. - The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 1,000
pesos shall be imposed upon the founders, directors, and presidents of associations totally or partially
organized for the purpose of committing any of the crimes punishable under this Code or for some purpose
contrary to public morals. Mere members of said associations shall suffer the penalty of arresto mayor.
What are illegal associations?

1. Associations 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.
Persons liable for illegal association:

1. Founders, directors and president of the association;

2. Mere members of the association.
Example of illegal association:

A group known as Lapiang Sakdalista was declared an illegal association by the Court
of Appeals, because it was organized for the purpose of overthrowing the government
by force of arms, which is rebellion, a crime punishable under the R.P.C. (People vs.
Ramos, C.A. 40 O.G. 2305)

Take Note: In illegal associations, it is the act of forming or organizing and

membership in the organization that are punished.
Art. 148 Direct Assault

- Any person or persons who, without a public uprising, shall employ force or intimidation for the attainment of any
of the purpose enumerated in defining the crimes of rebellion and sedition, or shall attack, employ force, or seriously
intimidate or resist any person in authority or any of his agents, while engaged in the performance of official duties,
or on occasion of such performance, shall suffer the penalty of prision correccional in its medium and maximum
periods and a fine not exceeding P1,000 pesos, when the assault is committed with a weapon or when the offender is
a public officer or employee, or when the offender lays hands upon a person in authority. If none of these
circumstances be present, the penalty of prision correccional in its minimum period and a fine not exceeding P500
pesos shall be imposed.
Two ways of committing Direct Assault

1. Without public uprising, by employing force or intimidation for the attainment of

any of the purposes enumerated in defining the crimes of rebellion and sedition.
2. Without public uprising, by attacking, by employing force, or by seriously
intimidating or seriously resisting any person in authority or any of his agents,
while engaged in the performance of official duties, or on the occasion of such
performance.
Elements of the first form of direct assault:

1. That the offender employs force or intimidation;

2. That the aim of the offender is to attain any of the purposes of the crime of
rebellion or any of the objects in the crime of sedition;
3. That there is no public uprising.
Example:

A Policemen, armed with a gun, went to a school where several voting precincts are
situated. Then and there, by force and intimidation, He prevented the holding of the
election. He is liable for Direct Assault of the first form.
Elements of the second form of direct assault:

1. That the offender a.) makes an attack, b.) employs force, c.) makes serious intimidation or
d.) makes a serious resistance;
2. That the person assaulted is a person in authority or his agent;
3. That at the time of the assault the person in authority or his agent a.) is engaged in the
actual performance of official duties, or that he is assaulted, b.) by reason of the past
performance of official duties;
4. That the offender knows that the one he is assaulting is a person in authority or his agent
in the exercise of his duties.
5. That there is no public uprising.
Take Note

“Shall Attack”
- The word attack includes any offensive or antagonistic movement or action of any kind.

“Employ force”
- If the offended party is only an agent of a person in authority, the force employed must
be of serious character as to indicate determination to defy the law and its
representative at all hazards.
- The Force employed need not be serious when the offended party is a person in
authority.
 Cont.

- The intimidation or resistance must be serious whether the offended party is an agent only or he is
a person in authority.

Example:

Pointing a gun to a police officer who is in the performance of his duty constitutes serious
intimidation.
- The resistance must be active.

Example: An accused who was to be arrested told the policemen who was approaching : “Dont
come near, or I will take your life”. As the policemen was approaching him, the accused struck him
with a knife but was not hit.
The person assaulted is a person in authority or his agent.

Who are person 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, shall be
deemed a person in authority. A Barangay shall also be deemed a person in authority.

By directly vested with jurisdiction is meant “ the power or authority to govern and
execute the laws.
Cont.

Teachers, professors, and persons charged with the supervision of public or duly
recognized private schools, colleges, and universities, and lawyers in the actual
performance of their professional duties or on the occasion of such performance shall
be deemed persons in authority.
Who is an agent of a person in authority?

An agent of a person in authority is one who, by direct provision of law or by election

or by appointment by competent authority, is charged with the maintenance of public
order and protection and security of life and property, such as barrio councilman and
barrio policemen, and any person who comes to the aid of persons in authority.
In the Performance of duty or by reason thereof.

It requires that at the time such assault or intimidation or resistance is made, the person
in authority or his agent is engaged in the actual performance of his official duty or
atleast the assault or intimidation is done by reason of the past performance of said
duty.
Art. 149 Indirect Assault

- The penalty of prision correccional in its minimum and medium periods and a fine not
exceeding P500 pesos shall be imposed upon any person who shall make use of force or
intimidation upon any person coming to the aid of the authorities or their agents on occasion of
the commission of any of the crimes defined in the next preceding article.
Elements:

1. That a person in authority or his agent is the victim of any of the forms of direct
assault;
2. That a person comes to the aid of such authority or his agent;
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 Disobedience to summons issued by Congress, its
committees or subcommittees, by the Constitutional
Commissions, its committees, subcommittees or divisions

- The penalty of arresto mayor or a fine ranging from two hundred to one thousand pesos, or both such fine and imprisonment
shall be imposed upon any person who, having been duly summoned to attend as a witness before the National Assembly,
(Congress), its special or standing committees and subcommittees, the Constitutional Commissions and its committees,
subcommittees, or divisions, or before any commission or committee chairman or member authorized to summon witnesses,
refuses, without legal excuse, to obey such summons, or being present before any such legislative or constitutional body or
official, refuses to be sworn or placed under affirmation or to answer any legal inquiry or to produce any books, papers,
documents, or records in his possession, when required by them to do so in the exercise of their functions. The same penalty
shall be imposed upon any person who shall restrain another from attending as a witness, or who shall induce disobedience to
a summon or refusal to be sworn by any such body or official.
Acts punished as disobedience to Congress or its committee or Constitutional
Commission

1. By refusing, without legal excuse, to obey summons of Congress, its special or

standing committee and subcommittees, the Constitutional Comm. and its
committees, subcommittees or divisions, or by any commission or committee
chairman or member authorized to summon witness.
2. By refusing to b sworn or placed under affirmation while being before such
legislative or constitutional body or official.
Cont.

3. By refusing to answer any legal inquiry or to produce any books, papers, documents,
or records in his possession, when required by them to do so in the exercise of their
functions.

4. By restraining another from attending as a witness in such legislative or

constitutional body.

5. By inducing disobedience to a summons or refusal to be sworn by any body or

official.
Art. 151 Resistance and disobedience to a person in authority or the agents of
such person

- The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who
not being included in the provisions of the preceding articles shall resist or seriously disobey any person in
authority, or the agents of such person, while engaged in the performance of official duties.

When the disobedience to an agent of a person in authority is not of a serious nature, the penalty of arresto
menor or a fine ranging from 10 to P100 pesos shall be imposed upon the offender.
Elements:

1. That a person in authority or his agent is engaged in the performance of official

duty or gives a lawful order to the offender;
2. That the offender resists or seriously disobeys such person in authority or his
agent;
3. That the act of the offender is not included in the provisions of Art. 148, 149,150.
Art. 153 Tumults and other disturbances of public order

Tumultuous disturbance or interruption liable to cause disturbance. - The penalty of arresto mayor in its medium period to prision correccional in
its minimum period and a fine not exceeding 1,000 pesos shall be imposed upon any person who shall cause any serious disturbance in a public
place, office, or establishment, or shall interrupt or disturb public performances, functions or gatherings, or peaceful meetings, if the act is not
included in the provisions of Articles 131 and 132.

The penalty next higher in degree shall be imposed upon persons causing any disturbance or interruption of a tumultuous character.

The disturbance or interruption shall be deemed to be tumultuous if caused by more than three persons who are armed or provided with means of
violence.

The penalty of arresto mayor shall be imposed upon any person who in any meeting, association, or public place, shall make any outcry tending to
incite rebellion or sedition or in such place shall display placards or emblems which provoke a disturbance of the public order.

The penalty of arresto menor and a fine not to exceed P200 pesos shall be imposed upon these persons who in violation of the provisions
contained in the last clause of Article 85, shall bury with pomp the body of a person who has been legally executed.
Art. 154 Unlawful use of means of publication and unlawful utterances

- The penalty of arresto mayor and a fine ranging from P200 to P1,000 pesos shall be imposed upon:

1. Any person who by means of printing, lithography, or any other means of publication shall publish or cause to be published as news
any false news which may endanger the public order, or cause damage to the interest or credit of the State;

2. Any person who by the same means, or by words, utterances or speeches shall encourage disobedience to the law or to the constituted
authorities or praise, justify, or extol any act punished by law;

3. Any person who shall maliciously publish or cause to be published any official resolution or document without proper authority, or
before they have been published officially; or

4. Any person who shall print, publish, or distribute or cause to be printed, published, or distributed books, pamphlets, periodicals, or
leaflets which do not bear the real printer's name, or which are classified as anonymous.
Art. 155 Alarms and Scandals

- The penalty of arresto menor or a fine not exceeding P200 pesos shall be imposed upon:

1. Any person who within any town or public place, shall discharge any firearm, rocket, firecracker, or other explosives
calculated to cause alarm or danger;

2. Any person who shall instigate or take an active part in any charivari or other disorderly meeting offensive to another
or prejudicial to public tranquility;

3. Any person who, while wandering about at night or while engaged in any other nocturnal amusements, shall disturb
the public peace; or

4. Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public places, provided that
the circumstances of the case shall not make the provisions of Article 153 applicable.
Art. 156 Delivering prisoners from jail

- The penalty of arresto mayor in its maximum period of prision correccional in its minimum period shall be imposed upon
any person who shall remove from any jail or penal establishment any person confined therein or shall help the escape of such
person, by means of violence, intimidation, or bribery. If other means are used, the penalty of arresto mayor shall be imposed.

If the escape of the prisoner shall take place outside of said establishments by taking the guards by surprise, the same penalties
shall be imposed in their minimum period.
Art. 157 Evasion of service of sentence

- The penalty of prision correccional in its medium and maximum periods shall be imposed upon any convict who
shall evade service of his sentence by escaping during the term of his imprisonment by reason of final judgment.

However, if such evasion or escape shall have taken place by means of unlawful entry, by breaking doors, windows,
gates, walls, roofs, or floors, or by using picklocks, false keys, deceit, violence or intimidation, or through
connivance with other convicts or employees of the penal institution, the penalty shall be prision correccional in its
maximum period.
Art. 158 Evasion of service of sentence on the occasion of disorders,
confalgurations, earthquakes, or other calamities

- A convict who shall evade the service of his sentence, by leaving the penal institution where he shall have been confined, on
the occasion of disorder resulting from a conflagration, earthquake, explosion, or similar catastrophe, or during a mutiny in
which he has not participated, shall suffer an increase of one-fifth of the time still remaining to be served under the original
sentence, which in no case shall exceed six months, if he shall fail to give himself up to the authorities within forty-eight hours
following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity.

Convicts who, under the circumstances mentioned in the preceding paragraph, shall give themselves up to the authorities
within the above mentioned period of 48 hours, shall be entitled to the deduction provided in Article 98.
Art. 159 Other cases of evasion of sentence

- The penalty of prision correccional in its minimum period shall be imposed upon the convict who,
having been granted conditional pardon by the Chief Executive, shall violate any of the conditions of
such pardon. However, if the penalty remitted by the granting of such pardon be higher than six
years, the convict shall then suffer the unexpired portion of his original sentence.