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Profissional Documentos
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MIDTERM REVIEWER
B. “Disclosing”
1. Offender – public officer 121. FLIGHT TO ENEMY’S COUNTRY
2. He has in his possession the said Elements:
articles, data or information by 1. There is a war in which the
reason of the public office he holds Philippines is involved
3. He discloses their contents to a 2. Offender – owes allegiance to the
representative of a foreign nation. Philippine government
3. Offender – attempts to flee or go to
118. INCITING TO WAR OR GIVING enemy’s country
MOTIVES FOR REPRISAL 4. Going to the enemy’s country is
Elements: prohibited by competent authority
1. Offender – performs unlawful or (government)
unauthorized acts
2. Such acts provoke or give occasion ** Mere attempt to enemy’s country
for a war involving or liable to consummates the crime.
Piracy – robbery or forcible depredation on ** Any person who aids or protects pirates or
the high seas without lawful authority and abets the commission of piracy shall be
done with intent to steal. considered as an accomplice.
exercising their
Inciting to Proposal to commit powers)
rebellion rebellion Offended party – Offended party –
Not required that the The person who government, public state as a whole
offender has decided proposes has decided officers or
to commit rebellion; to commit rebellion; employees, private
The act of inciting is The person who persons and social
done PUBLICLY; proposes the class
execution of the
crime uses SECRET 141. CONSPIRACY TO COMMIT SEDITION
MEANS.
** There must be an agreement and a
139. SEDITION decision to rise publicly and tumultuously to
Elements: attain any of the objects of sedition.
1. Offenders – rise publicly and
tumultuously; ** Proposal to commit sedition is not
2. Offenders – employ Force, punishable.
Intimidation, or other means outside of
legal methods; 142. INCITING TO SEDITION
3. Objects: Elements:
a. To prevent the promulgation or 1. Offender – does not take direct part in
execution of any law of the the crime of sedition
holding of any popular election; 2. Offender – incites others to the
b. To prevent the National accomplishment of any of the acts
Government, or any provincial which constitute sedition
or municipal government, or 3. By means of speeches, proclamations,
any public officer thereof from writings, emblems, cartoons, banners,
freely exercising its or his or other representations tending to the
functions, or prevent the same end -
execution of any administrative a. or utter seditious words or
order; speeches, write, publish or
c. To inflict any act of hate or circulate scurrilous libels
revenge upon the person or against the government of the
property of any public officer or Philippines, or any of the duly
employee; constituted authorities thereof;
d. To commit, for any political or b. or which tend to disturb or
social end, any act of hate or obstruct any lawful officer in
revenge against private persons executing the functions of his
or any social class; and office;
e. To despoil, for any political or c. or which tend to instigate others
social end, any person, to cabal and meet together for
municipality or province, or the unlawful purposes
National Government of all its d. or which suggest or incite
property or any part thereof. rebellious conspiracies or riots;
e. or which lead or tend to stir up
Sedition Rebellion the people against unlawful
Public uprising – Taking up of arms authorities or to disturb the
tumultuous against the peace of the community, safety
government and order of the government;
Purpose may be Purpose is always f. or who shall knowingly conceal
political or social political such evil practices.
Common crimes not Common crimes are
absorbed absorbed ** It is not necessary that the words used
Proposal is not Proposal is punished should in fact result in a rising of people
punished against the constituted authorities. Its
Objects – raising of Objects: purpose of purpose is to punish utterances which may
commotions or taking arms against endanger public order.
disturbances in the government;
state; (remove from Scurrilous – low, vulgar, mean, or foul.
(5 objects of sedition) allegiance and
deprive exec. and Two rules relative to seditious words:
legis. of freely
143. ACTS TENDING TO PREVENT THE ** Parliamentary immunity does not protect
MEETING OF THE ASSEMBLY AND members of the Congress from responsibility
SIMILAR BODIES before the legislative body itself.
Elements:
1. There is a projected or actual 146. ILLEGAL ASSEMBLIES
meeting of congress or any of its Meeting attended by armed persons – any
committees, constitutional crimes under RPC
commission, committees, or Elements:
division, or any provincial board, 1. Gathering of persons – fixed place or
city, municipality, council or board; moving
2. Offender – any person that 2. Attended by armed persons
prevents the meeting by force or 3. Purpose – commit any crime under RPC
fraud.
** The persons present at the meeting must
144. DISTURBANCE OF PROCEEDINGS be armed – NOT ALL persons must be armed.
Elements:
1. Meeting – congress or any of its ** The unarmed person merely present at
committees, subcommittees, divisions, the meeting is liable.
provincial board, or city/municipal
council or board Armed/not – treason, rebellion, insurrection,
2. Does: sedition, or direct assault
a. disturbs any of such meetings Elements:
b. behaves in such a manner as to 1. Meeting or gathering of persons
interrupt its proceedings or to 2. Audience, armed or not, incited to
impair respect due it. commit treason, rebellion,
insurrection, sedition, or direct assault
** The complaint for disturbance of
proceedings may be filed by a member of a ** Audience is actually incited.
legislative body. - Persons liable are the organizers or
leaders of, and persons merely
** One who disturbs the proceedings of the present at the meeting;
congress may also be punished for contempt - Incited to commit rebellion or
by the assembly. sedition – (a) illegal assembly as
regards the organizers or leaders
and persons merely present, and Makes attack, employs force, serious
(b) inciting to sedition insofar as intimidation, serious resistance
the once inciting is concerned. Elements:
1. Offender – makes attack, employs
** The persons merely present at the force, makes serious intimidation,
meeting must have a common intent to serious resistance
commit the felony of illegal assembly. The 2. Victim – person in authority or his
absence of such intent may exempt the agent
person present from criminal liability. 3. Offender knows victim is a person in
authority
** Unlicensed firearm – presumed for the 4. Victim: (a) engaged in actual
purpose of the meeting; he is considered a performance of duty, or (b) by reason
leader or organizer of the meeting. of past performance of duty
5. No public uprising
** Illegal possession of firearms – absorbed;
if acquitted, separate crime of illegal Attack – includes offensive or antagonistic
possession of firearms. movement or action of any kind.
Qualified assault:
1. committed with a weapon;
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CRIMINAL LAW II January 2007
MIDTERM REVIEWER
** The order must be lawful – otherwise, the ** Offender – a participant in the meeting.
resistance is justified.
** Serious disturbance must be planned or
ART. 152. PERSONS IN AUTHORITY AND intended.
AGENTS OF PERSONS IN AUTHORITY
Outcry – to shout subversive or provocative
words tending to stir up the people to obtain
© Hanna Magkasi 2007 page 11
CRIMINAL LAW II January 2007
MIDTERM REVIEWER
by means of force or violence any of the custody or charge, he is liable for infidelity in
objects of rebellion or sedition; more or less the custody of a prisoner (223).
unconscious outburst which is not
intentionally calculated to induce others to ** By other means – substituting an prisoner
commit rebellion or sedition. by taking his place in jail is an example.
** It is the result that counts, and not the ** If the convict escapes without
intent. commencing to serve the sentence or
without expressly waiving in writing his right
** Anywhere, as long as discharge of firearm, to appeal, or he is a detention prisoner or
rocket, etc. produced alarm or danger. minor delinquent who escapes from
confinement – offender is not liable for
Charivari – sounds designed to annoy and evasion of service of sentence.
insult.
Qualifying circumstances:
156. DELIVERING PRISONERS FROM JAIL 1. Unlawful entry (climbing the wall)
Elements: 2. Breaking doors, windows, gates, walls,
1. Person confined in a jail or penal roofs, or floors
establishment; 3. Using picklocks, false keys, disguise,
2. Offender removes or helps escape by deceit, violence or intimidation
means of – 4. Connivance with other convicts or
a. violence intimidation, or employees of the penal institution
bribery;
b. taking the guards by surprise, if 158. EVASION OF SERVICE DURING
the escape of the prisoner shall DISORDERS
take place outside the said Elements:
establishment. 1. Offender – convict by final judgment,
confined in a penal institution
** Violence, intimidation and bribery – 2. Disorder – conflagration, earthquake,
qualifying circumstances explosion, similar catastrophe, mutiny
(he has not participated)
** Mere detention prisoners included. 3. Offender – evades by leaving penal
Hospital or asylum considered extension of institution on the occasion of such
jail or prison. disorder
4. Offender – fails to give himself up to
** Offender is usually an outsider. An authorities 48 hours following the
employee of the penal establishment who issuance of the Chief Executive
helps the escape of a person confined announcing the passing away of such
therein may also be punished, provided that calamity
he does not have the custody or charge of
such person. It may also be a prisoner ** The offender must be a convict by final
helping another prisoner. – If the offender is judgment, and must leave the penal
a public officer who had the prisoner in his institution.
SUBORNATION of perjury