Crimes Against Public Order

CRIMINAL LAW 2TITLE THREE

CRIMES AGAINST PUBLIC ORDER

Chapter One

REBELLION, SEDITION AND DISLOYALTY

Art. 134. Rebellion or insurrection; How committed. — 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. (As amended by R.A. 6968).

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 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 – more frequently used where the object of the movement is completely to overthrow and supersede the existing government.

Insurrection – 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 particular matters or subjects.

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. (P vs. Almazan)

The word “rebellion” evokes, not merely a challenge to the constituted authorities, but also civil war on a bigger or lesser scale. (Carino vs. People)

Actual clash of arms with the forces of the Government is not absolutely necessary.

The mere fact that the accused knowingly identified himself with the Huk organization that was openly fighting to overthrow the Government was enough to make him guilty of the crime of rebellion. (P. vs. Cube, P. vs Perez)



Purpose of the uprising must be shown.

The mere fact that a band of forty men entered the town and, after attacking the policemen, kidnapped the municipal president, secretary and others, without evidence to indicate the motive or purpose of the accused, does not constitute rebellion. The crime committed was kidnapping. (U.S. vs. Constantino, et. al.)

It is not necessary that the purpose of the rebellion be accomplished. (It is not necessary that the rebels succeed in overthrowing the Government to consummate rebellion.)

The crime of the rebellion is complete the very moment a group of rebels rise publicly and take arms against the Government, for the purpose of overthrowing the same by force. The crime of the rebellion is complete the very moment a group of rebels rise publicly and take arms against the Government, for the purpose of overthrowing the same by force.

Rising publicly and taking arms against the Government is the normative element of the offense, while the intent or purpose to overthrow the Government is the subjective element.

Rebellion distinguished from Treason

(a) The levying of war against the Government would constitute TREASON when performed to aid the

enemy. It would also constitute an adherence to the enemy, giving him aid and comfort. The levying of war against the Government during peace time for any of the purposes mentioned in Art. 134 is REBELLION.

(b) REBELLION always involves taking up arms against the Government; TREASON may be committed by mere adherence to the enemy giving him aid or comfort.

Giving aid and comfort is not criminal in rebellion

The act of giving comfort or moral aid is not criminal in the case of rebellion or insurrection, where the RPC expressly declares that there must be a public uprising and the taking up of arms. Therefore, absolved from the charge. (Common crimes are absorbed when committed for the furtherance of rebellion and said common crimes cannot be complexed with rebellion)

Rebellion distinguished from subversion

Subversion is a crime against national security while Rebellion is a crime against public order.

RA 9372, Human Security Act of 2007 (Acts punishable as Terrorism under RA 9372)

Any person who commits an act punishable under any of the following provisions of the RPC:



a. Art. 122 (Piracy in general and Mutiny in the High Seas or in the Phil. Waters);

b. Art. 134 (Rebellion or insurrection);

c. Art. 134-A (Coup d’Etat), including acts committed by private persons;

d. Art. 248 (Murder);

e. Art. 267 (Kidnapping and Serious Illegal Detention);

f. Art. 324 (Crimes involving Destruction), or under

(1) PD 1613 (The Law on Arson)

(2) RA 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990);

(3) RA 5207 (Atomic Energy Regulatory and Liability Act of 1968)

(4) RA 6235 (Anti-Hijacking Law);

(5) PD 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974); and

(6) PD 1866, as amended (Decree Codifying the Laws on Illegal Possession, manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives)

Thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without the benefit of parole as provided for under Act. No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.

Conspiracy to Commit Terrorism

Persons who conspire to commit the crime of Terrorism shall suffer the penalty of 40 years of imprisonment.

There is conspiracy when two or more persons come to an agreement concerning the commission of the crime of terrorism as defined in Section 3 hereof and decide to commit the crime.

Conspiracy to Commit Terrorism as a crime

Although the general rule is that conspiracy and proposal to commit a felony is not punishable (Art. 8), conspiracy to commit terrorism is punishable under Art. 4 of RA 9372.

But if the crime of terrorism was actually committed, offenders will be liable for terrorism and the conspiracy they had before committing terrorism is only a manner of incurring criminal liability. It is not a separate offense.

Penalty Imposed on an Accessory in Terrorism

Any person who in any of the following manner:

a. by profiting himself or assisting the offender to profit by the effects of the crime.

b. By concealing or destroying the body of the crime, or the effects, or instruments thereof, in order to prevent its discovery;



c. By harboring, concealing or assisting in the escape of the principal or conspirator of the crime, shall suffer the penalty of 10 years and 1 day to 12 years of imprisonment.

Prosecution under RA 9372 shall be a Bar to another Prosecution under the RPC or any Special Penal Laws

When a person has been prosecuted under a provision of RA 9372 and after the accused had pleaded to the charge, the acquittal of the accused or the dismissal of the case shall be a bar to another prosecution for any offense or felony which is necessarily included in the offense charged.

Article 134-A. Coup d'etat; How committed. — 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. (As amended by R.A. 6968).

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 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.

The crime of coup d’etat may be committed with or without civilian participation.

Coup d’etat when considered as Terrorism

Under RA 9372, otherwise known as the Human Security Act of 2007, a person who commits an act punishable as coup d’etat of the RPC, including acts committed by private persons, thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism.

Art. 135. Penalty for rebellion, insurrection or coup d'etat. — Any person who promotes, maintains, or heads rebellion or insurrection shall suffer the penalty of reclusion perpetua.



Any person merely participating or executing the commands of others in a rebellion shall suffer the penalty of reclusion temporal.

Any person who leads or in any manner directs or commands others to undertake a coup d'etat shall suffer the penalty of reclusion perpetua.

Any person in the government service who participates, or executes directions or commands of others in undertaking a coup d'etat shall suffer the penalty of prision mayor in its maximum period.

Any person not in the government service who participates, or in any manner supports, finances, abets or aids in undertaking a coup d'etat shall suffer the penalty of reclusion temporal in its maximum period.

When the rebellion, insurrection, or coup d'etat shall be under the command of unknown leaders, any person who in fact directed the others, spoke for them, signed receipts and other documents issued in their name, as performed similar acts, on behalf or the rebels shall be deemed a leader of such a rebellion, insurrection, or coup d'etat. (As amended by R.A. 6968, approved on October 24, 1990).

The following are liable for rebellion, insurrection and/or coup d’etat:

A. The leaders

(1) Any person who: (a) promotes, (b) maintains, or (c) heads a rebellion or insurrection; or

(2) Any person who: (a) leads, (b) directs, or (c) commands others to undertake a coup d’etat.

B. The Participants

(1) Any person who (a) participates, (b) executes the commands of others in rebellion, or insurrection;

(2) Any person in the government service who: (a) participates, or (b) executes directions or commands of others in undertaking a coup d’etat;

(3) 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.

Public officer must take active part, to be liable. Mere silence or omission not punishable by rebellion.

Who shall be deemed the leader of the rebellion, insurrection or coup d’etat in case he is unknown?

Any person who in fact directed the others, spoke of them, signed receipts and other documents issued in their name, or performed similar acts, on behalf of the rebels, shall be deemed a leader.

It is not a defense in rebellion that the accused never took the oath of allegiance to, or that they never recognized the Government.

Such a defense would be nothing less than a negation of the right of the Government to maintain its existence and authority against a certain class of the population. (US vs. del Rosario)



Those who killed persons in pursuance of the movement to overthrow the government are liable for rebellion only and not murder because the killing is not based on any personal motive but merely in pursuance of the movement to overthrow the duly constituted authorities. (P vs. Aquino and Cortez)

There is no complex crime of rebellion with murder and other common crimes

Said crimes are part and parcel of the rebellion itself, and can not be considered as giving rise to separate crimes that, under Art. 48, would constitute a complex one with that of rebellion.

Acts committed in furtherance of rebellion though crimes n themselves are deemed absorbed in one single crime of rebellion. (Enrile vs. Amin)

Membership in a rebel organization does not automatically qualify criminal acts as absorbed on rebellion

The burden was on the appellant to demonstrate conclusively that his criminal acts were committed in furtherance of rebellion. (P vs. Lovedioro, P. vs. Continente)

Killing, robbing, etc. for private purposes or profit, without any political motivation, would be separately punished and would not be absorbed in rebellion. (Crimes will be separately punished.)

Political crimes and common crimes distinguished

Political crimes – those directly aimed against the political order.

Common crimes – since they may be committed to achieve political purpose, the decisive factor is the intent or motive. If common crimes are perpetrated for the purpose of removing allegiance to the Government territory of the PI or any part thereof, the said offense becomes stripped of its “common” complexion and become political in character.

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). (As amended by R.A. 6968, approved October 24, 1990).



Two crimes defined and penalized in this article

Conspiracy and proposal to commit rebellion are two different crimes, namely:

1. 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, and

2. 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.

Merely agreeing and deciding to rise publicly and take arms against the Government for the purposes of rebellion or merely proposing the commission of said acts is already subject to punishment.

No conspiracy when there is no agreement and no decision to commit rebellion.

Organizing a group of soldiers, soliciting membership in, and soliciting funds from the people for, the organization, show conspiracy to overthrow the Government.

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. (Reinstated by E.O. No. 187).

The offender must be a public officer or employee. Hence, if a private individual accepts an appointment under the rebels, he is not liable under this article.

Acts of disloyalty which are punished:

1. By failing to resist a rebellion by all the means in their power; or

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.

The crime of disloyalty of public officers presupposes the existence of rebellion by other persons. (There must be rebellion to be resisted or, at least, the place is under the control of the rebels.)

The offender under this article must not be in conspiracy with the rebels, otherwise he will be guilty of rebellion, not merely disloyalty, because in conspiracy, the act of one is the act of all.



Art. 138. Inciting a 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. (Reinstated by E.O. No. 187).

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; (The offender shall incite others to rise publicly and take arms against the Government for any of the purposes 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 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 rebellion.

3. In proposal, the person who proposes the execution of the crime uses secret means; In inciting to rebellion, the act of the inciting is done publicly.

In both proposal and inciting to commit rebellion, the crime of rebellion should not be actually committed by the persons to whom t is proposed or who are incited. If they commit rebellion because of the proposal or the inciting, the proponent of the one inciting becomes a principal by inducement in the crime of rebellion, provided that the requisites of par. 2 of Art. 17 of the RPC is present.

Art. 139. Sedition; How committed. — 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;b. 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;

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. (P vs. Cabrera)

The ultimate object of sedition is a violation of the public peace or at least such a course of measure as evidently engenders it.

What distinguishes sedition from rebellion is the object or purpose of the uprising.

In both rebellion and sedition, there must be public uprising. In sedition, the purpose of the offenders may be political or social while in rebellion, it is always political.

Sedition distinguished from Treason

Treason – in its more general sense is the violation by a subject of his allegiance to his sovereign or liege, lord, or to the supreme authority of the State.

Sedition –in its more general sense is the raising of commotions or disturbances in the State. (US vs. Abad)



Sedition cannot be committed by one person considering that it is a crime of the multitude, deemed to be tumultuous if caused by more than 3 persons who are armed or provided with means of violence.

Public uprising and an object of sedition must concur. (No public uprising, no sedition, No object of sedition, no sedition)

Art. 140. Penalty for sedition. — The leader of a sedition shall suffer the penalty of prision mayor in its minimum period and a fine not exceeding 10,000 pesos.

Other persons participating therein shall suffer the penalty of prision correccional in its maximum period and a fine not exceeding 5,000 pesos. (Reinstated by E.O. No. 187).

Persons liable for sedition:

1. The leaders of the sedition, and2. Other persons participating in the 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. (Reinstated by E.O. No. 187).

There must be an agreement and a decision to rise publicly and tumultuously to attain any of the objects of sedition.

Thus, an agreement and a decision to attain an object of sedition without any agreement to rise publicly and tumultuously is not conspiracy to commit sedition. Such an agreement and decision may constitute a conspiracy to commit direct assault of the firm form (Art. 148), which is not a felony.

There is no proposal to commit sedition, only conspiracy to commit sedition is punishable.

Art. 142. Inciting to 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. (As amended by Com. Act. No. 202).

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.

Inciting to sedition to accomplish any of its objects.

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, proclamation, writings, emblems, cartoons, banners, or other representations tending to the same end.

Uttering seditious words or speeches and writing, publishing or circulating scurrilous libels are punishable, when:

1. They tend to disturb or obstruct any lawful officer in executing the functions of his office; or

2. They tend to instigate others to cabal and meet together for unlawful purposes; or

3. They suggest or incite rebellious conspiracies or riots; or

4. They 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.

Two rules relative to seditious words:

1. The clear and present danger rule – the words must be of such a nature that by uttering them there is a danger of a public uprising and that such danger should be both clear and imminent. Under the clear and present danger rule, it is required that there must be reasonable ground to believe that the danger apprehended is imminent and that the evil to be prevented is a serious one.

Present refers to the time element. It is used to be identified with imminent and immediate danger. The danger must not only be probable but very likely inevitable.

2. The dangerous tendency rule – If the words used tend to create danger of public uprising, then those words could properly be the subject of a penal clause. (P vs Perez)

Under the dangerous tendency rule, there is inciting to sedition when the words uttered or published could easily produce disaffection among the people and a state of feeling in them incompatible with a disposition to remain loyal to the Government and obedient to the laws.



Reason why seditious utterances are prohibited

The legislature has authority to forbid the advocacy of a doctrine designed and intended to overthrow the Government without waiting until there is a present and immediate danger of the success of the plan advocated.

Unlawful rumor-mongering and spreading false information

It is committed by any person who shall offer, publish, distribute, circulate and spread rumors, false news and information and gossip, or cause the publication, distribution, circulation or spreading of the same, which cause or tend to cause panic, divisive effects among the people, discredit of or distrust for the duly constituted authorities, undermine the stability of the Government and the objectives of the New Society, endanger the public order, or cause damage to the interest or credit of the state. (The penalty is prision correccional or 6 months and 1 day to 6 years imprisonment. If the offender is a government official or employee, the accessory penalty of absolute perpetual disqualification from holding any public office shall be imposed.)

Chapter Two

CRIMES AGAINST POPULAR REPRESENTATION

Section One. — Crimes against legislative bodies and similar bodies

Art. 143. Act 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. (As amended by Com. Act No. 264).

Elements:

1. That there be a projected or actual meeting of the National Assembly or any of its committees or subcommittees, constitutional committees or divisions thereof, or of 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.

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. (As amended by Com. Act No. 264).

Elements:

1. That there be a meeting of the National Assembly or 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.

2. That the offender does any of the following acts:a. He disturbs any of such meetings.b. He behaves while in the presence of any such

bodies in such a manner as to interrupt its proceedings or to impair the respect due it.

One who disturbs the proceedings of the National Assembly may also be punished for contempt by the Assembly. The implied power to punish for contempt of the National Assembly is coercive in nature. The power to punish crime is punitive in character. Thus, the same act could be made the basis for contempt proceedings and for criminal prosecution.

Section Two. — Violation of parliamentary immunity

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. (As amended by Com. Act No. 264)

Acts punishable under Art. 145:

1. By using force, intimidation, threats, or frauds to prevent any member of the National Assembly from: (1) attending meetings of the Assembly or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or from (2) expressing his opinions, or (3) casting his vote.

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 meetings of the Assembly or any of its

committees or constitutional commissions, etc.; or

b. Expressing his opinions; orc. Casting his vote.

Note: The offender is any person.

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 prision mayor.

Elements:

(1.)That the offender is a public officer or employee;(2.)That he arrests 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 prision mayor.

Parliamentary immunity does not protect members of the National Assembly from responsibility before the legislative body itself whenever his words and conduct are considered by the latter disorderly or unbecoming of a member thereof.

Chapter Three

ILLEGAL ASSEMBLIES AND ASSOCIATIONS

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 incited 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. (As amended by Rep. Act No. 12)

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 to No. 1:

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 under the Code.

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 his agents.

Requisites to No. 2:

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.

If in a meeting the audience is incited to the commission of rebellion or sedition, the crimes committed are (1) illegal assembly as regards: (a) the organizers or leaders, and (b) persons merely present; and (2) inciting to rebellion or sedition insofar as the one inciting them is concerned.

Persons liable for illegal assembly:

1. The organizers or leaders of the meeting.2. Persons merely present at the meeting.

Responsibility of persons merely present at the meeting:

1. If they are not armed, the penalty is arresto mayor.2. If they carry arms, like bolos or knives, or licensed

firearms, the penalty is prision correccional.

If any person present at the meeting carries an unlicensed firearm:

1. It is presumed that the purpose of the meeting insofar as he s concerned, is to commit acts punishable under the Code; and

2. He is considered a leader or organizer of the meeting.

The word meeting includes a gathering or group, whether in a fixed place or moving.

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.

Illegal association distinguished from illegal assembly.

(a) In illegal assembly, it is necessary that there is an actual meeting or assembly of armed persons for the purpose of committing any of the crimes punishable under the Code, or of individuals who, although not armed, are incited to the commission of treason, rebellion, sedition, or assault upon a person in authority or his agent; in illegal association, it is not necessary that there be an actual meeting.

(b) In illegal assembly, it is the meeting and attendance at such meeting that are punished; in illegal associations, it is the act of forming or organizing and membership in the association that are punished.

(c) In illegal assembly, the persons liable are (1) the organizers or leaders of the meeting, and (2) the persons present at the meeting. In illegal association, the persons liable are (1) the founders,

directors and president, and (2) the members.

Subversion – first punished under RA No. 1700 otherwise known as Anti-Subversion Act. PD No. 885 (Revised Anti-Subversion Law) superseded RA No. 1700.

Executive Order No. 167 revived RA 1700 and repealed PD 885. RA 1700 was later amended by EO 276 (1987)

RA 7636 repealed RA 1700, as amended. There is currently no law which punishes subversion.

Acts punished under the Ant-subversion Act (RA 1700)

1. Knowingly, willfully and by overt acts a. Affiliating oneself with,b. Becoming, orc. Remaining a member of the Communist party of

the Philippines and/or its successors of any subversive association as defined in Sec. 2 of the Act.

2. Conspiring with any other person to overthrow the Government of the Republic of the Philippines or the government of any of its political subdivisions by force, violence, deceit, subversion or other illegal means, for the purpose of placing such government or political subdivision under the control and domination of any alien power; and

3. Taking up arms against the Government, the offender being a member of the Communist Party or



of any subversive association as defined in Sec. 2 of this Act.

Violation of Anti-Subversion Act distinguished from that of Rebellion

1. Anti-Subversion Act punishes affiliation or membership in a subversive organization as defined therein. Rebellion punishes those who rise publicly and take up arms against the Government for any of the purposes specified in Art. 134 of the RPC.

2. In rebellion, there must be a public uprising and taking of arms against the Government, whereas in subversion, mere membership in a subversive organization s sufficient, and the taking up of arms by a member of a subversive organization against the Government is but a circumstance which raises the penalty to be imposed upon the offender. (P vs. Liwanag)

Acts punished under the Revised Anti-Subversion Law (PD 885)

1. Knowingly, willfully and by overt act affiliating with, becoming or remaining a member of a subversive association or organization as defined in Sec. 2 thereof;

2. Taking up arms against the Government, the offender being a member of such subversive association or organization.

What are subversive associations and organizations under Sec. 2 of PD 885?

Any association, organization, political party, or group of persons organized for the purpose of overthrowing the Government of the Republic of the Philippines or for the purpose of removing from the allegiance to said government or its laws, the territory of the Philippines or any part thereof, with the open or covert assistance or support of a foreign power by force, violence, deceit or other illegal means.

Documents

Crimes Against Public Order