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11/23/2017 Criminal Law Book 2 Title Three | Philippine Law Reviewers

Philippine Law Reviewers

Criminal Law Book 2 Title Three

JAN 25
Posted by Magz
TITLE THREE

I. CRIMES AGAINST PUBLIC ORDER

Article 134

REBELLION OR INSURRECTION

ELEMENTS:

1. That there be

1. public uprising and


2. taking arms against the government (force/violence)

2. That the purpose of the uprising or movement is either

1. to remove from the allegiance to said government or its laws

1. i. the territory of the Philippines or any part thereof, or


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ii. any body of land, naval or other armed forces, or

2 To deprive the chief executive or congress, wholly or partially, of any of their


powers or prerogatives

Persons liable for rebellion

1. Any person who:

1. promotes

2. maintains, or

3. heads a rebellion or insurrection; or

2. Any person who, while holding any public oce or employment, takes part
therein by:

1. engaging in war against the forces of the government


2. destroying property or commi ing serious violence
3. exacting contributions or diverting public funds from the lawful purpose for
which they have been appropriated (Note: diverting public funds is
malversation absorbed in rebellion);
4. Any person merely participating or executing the command of others in
rebellion

Success is immaterial, purpose is always political


Rebellion used where the object of the movement is completely to overthrow
and supersede the existing government
Insurrection refers to a movement which seeks merely to eect some change of
minor importance to prevent the exercise of govt authority w/ respect to
particular ma ers or subjects
Actual clash of arms w/ the forces of the govt, not necessary to convict the
accused who is in conspiracy w/ others actually taking arms against the govt
Purpose of the uprising must be shown but it is not necessary that it be
accomplished
A change of government w/o external participation
RISING PUBLICLY and TAKING ARMS AGAINST GOVERNMENT actual
participation. If there is no public uprising, the crime is of direct assault.

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Mere giving of aid or comfort is not criminal in the case of rebellion. Merely
sympathizing is not participation, there must be ACTUAL participation
Not necessary that there is killing, mere threat of removing Phil is sucient
Rebellion cannot be complexed with any other crime. However, illegal
possession of rearms in furtherance of rebellion is distinct from the crime of
rebellion. Furthermore, it is a continuing crime such along with the crime of
conspiracy or proposal to commit such
A private crime may be commi ed during rebellion. Examples: killing,
possessions of rearms, illegal association are absorbed. Rape, even if not in
furtherance of rebellion cannot be complexed
If killing, robbing were done for private purposes or for prot, without any
political motivation, the crime would be separately be punished and would not
be embraced by rebellion (People v. Fernando)
Read People v. Hernandez and Enrile v. Salazar
Person deemed leader of rebellion in case he is unknown:
Any person who in fact:

1. directed the others


2. spoke for them
3. signed receipts and other documents issued in their name
4. performed similar acts on behalf of the rebels

Article 134-A

COUP D ETAT

ELEMENTS:

1. Swift a ack
2. Accompanied by violence, intimidation, threat, strategy or stealth
3. Directed against:
4. duly constituted authorities
5. any military camp or installation
6. communication networks or public utilities
1. other facilities needed for the exercise and continued possession of power
7. Singly or simultaneously carried out anywhere in the Philippines

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1. Commi ed by any person or persons belonging to the military or police or


holding any public oce or employment; with or without civilian support
or participation
8. With or without civilian support or participation
9. Purpose of seizing or diminishing state power

Crime may be commi ed by a single person, any government employee and


even by civilian
Taking up of arms not even necessary, what is important is violence, threat,
intimidation, strategy or stealth

Treason (114) Rebellion Coup detat Sedition (139)


(134) (134-A)

Nature Crime against Crime against Crime Crime against


of National Public Order against Public Order
Security Public Order
Crime

Overt levying war Public See article. Rising publicly


Acts against the uprising or tumultuously
govt; (caused by more
AND than 3 armed
OR men or provided
Taking up
with means of
adherence and arms against
violence)
giving aid or the govt
comfort to
enemies

Purpose Deliver the See article. Seizing or See enumeration


of govt to diminishing in article.
objective enemy during state power.
war

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Article 135

Penalties

Who are liable?

1. Any person who:

1. Promotes
2. Maintains
3. heads a rebellion or insurrection
4. engaging in war against the forces of the govt
5. destroying property or commi ing serious violence
6. exacting contributions or diverting public funds from the lawful purpose for
which they have been appropriated

2. Any person who, while holding any public oce or employment, takes part
therein

3. Any person merely participating or executing the command of other in a


rebellion.

In Government Service Not in Government Service

Anyone who leads, directs, Anyone who participates or in an


commands others to undertake a manner, supports, nances, abets, aids
coup. in a coup.
Serious violence is that inicted upon civilians, which may result in homicide.
It is not limited to hostilities against the armed force.
Diverting public funds is malversation absorbed in rebellion

1. Public ocer must take active part because mere silence or omission not
punishable in rebellion
2. It is not a defense in rebellion that the accused never took the oath of allegiance
to, or that they never recognized the government
3. Rebellion cannot be complexed with murder and other common crimes
commi ed in pursuance of the movement to overthrow the government
4. Killing, robbing etc for private persons or for prot, without any political
motivation, would be separately punished and would not be absorbed in the
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rebellion.

Article 136

CONSPIRACY TO COMMIT REBELLION OR INSURRECTION

ELEMENTS:

1. 2 more persons come to an agreement to rise publicly and take arms against
the government
2. For any of the purposes of rebellion
3. They decide to commit it

PROPOSAL TO COMMIT REBELLION OR INSURRECTION (136)

ELEMENTS:
Organizing a group of soldiers, soliciting membership in, and soliciting funds
for the organization show conspiracy to overthrow the govt
The mere fact of giving and rendering speeches favoring Communism would
not make the accused guilty of conspiracy if theres no evidence that the
hearers then and there agreed to rise up in arms against the govt
Conspiracy must be immediately prior to rebellion
If it is during the rebellion, then it is already taking part in it.

1. A person who has decided to rise publicly and take arms the government
2. For any of the purposes of rebellion
3. Proposes its execution to some other person/s

Article 137

DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES

ELEMENTS:
Presupposes existence of rebellion
Must not be in conspiracy with rebels or coup plo ers
If there are means to prevent the rebellion but did not resist it, then theres
disloyalty. If there are no means, no fault
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If position is accepted in order to protect the people, not covered by this


The collaborator must not have tried to impose the wishes of the rebels of the
people.

1. Failing to resist rebellion by all the means in their power


2. Continuing to discharge the duties of their oces under the control of rebels
3. Accepting appointment to oce under rebels

Article 138

INCITING TO REBELLION OR INSURRECTION

ELEMENTS:

1. That the oender 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

Intentionally calculated to seduce others to rebellion


There must be uprising to take up arms and rise publicly for the purposes
indicated in Art 134

Proposal to Commit Rebellion (136) Inciting to Rebellion (138)

The person who proposes has decided Not required that the oender has
to commit rebellion. decided to commit rebellion.
The person who proposes the The inciting is done publicly.
execution of the crime uses secret
means.

Article 139
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SEDITION

ELEMENTS:

1. That the oenders rise

1. Publicly (if no public uprising = tumult and other disturbance of public order)
2. Tumultuously (vis--vis rebellion where there must be a taking of arms)
3. to prevent the promulgation or execution of any law or the holding of any
popular election
4. to prevent the national government, or any provincial or municipal
government, or any public thereof from freely exercising its or his functions, or
prevent the execution of any administrative order
5. to inict any act or hate or revenge upon the person or property of any public
ocer or employee
6. to commit for any political or social end, any act of hate or revenge against
private persons or any social class (hence, even private persons may be
oended parties)
7. 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

2. That they employ force, intimidation, or other means outside of legal methods
3. That the oenders employ any of those means to a ain any of the following
objects:

Sedition: raising of commotion or disturbances in the State. Its ultimate object


is a violation of the public peace or at least such measures that evidently
engenders it.
Dierence from rebellion object or purpose of the surprising. For sedition
sucient that uprising is tumultuous. In rebellion there must be taking up of
arms against the government.
Sedition purpose may be either political or social. In rebellion always
political
Tumultuous caused by more than 3 persons who are armed or provided with
means of violence
Preventing public ocers from freely exercising their functions
In sedition oender may be a private or public person (Ex. Soldier)
Public uprising and the object of sedition must concur

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Q: Are common crimes absorbed in sedition? In P v. Umali, SC held that NO.


Crimes commi ed in that case were independent of each other.
Preventing election through legal means NOT sedition
But when sugar farmers demonstrated and destroyed the properties of sugar
barons sedition
Persons liable for sedition:

1. leader of the sedition, and


2. other persons participating in the sedition

Article 142

INCITING TO SEDITION

ELEMENTS:

1. That the oender does not take a direct part in the crime of sedition
2. That he incites others to the accomplishment of any of the acts which
constitute sedition (134)
3. That the inciting is done by means of speeches, proclamations, writing,
emblems, cartoons, banners, or other representations tending to the same end
(purpose: cause commotion not exactly against the government; actual
disturbance not necessary)

Dierent acts of inciting to sedition:


When punishable:

1. Inciting others to the accomplishment of any of the acts which constitute


sedition by means of speeches, proclamations, writings, emblems etc.
2. U ering seditious words or speeches which tend to disturb the public peace or
writing, publishing, or circulating scurrilous [vulgar, mean, libelous] libels
against the government or any of the duly constituted authorities thereof,
which tend to disturb the public peace
3. Knowingly concealing such evil practices

1. when they tend to disturb or obstruct any lawful ocer in executing the
functions of his oce; or

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2. when they tend to instigate others to cabal and meet together for unlawful
purposes
3. when they suggest or incite rebellious conspiracies or riots; or
4. when 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

II. CRIMES AGAINST POPULAR


REPRESENTATION

Article 143

ACTS TENDING TO PREVENT THE MEETING OF CONGRESS AND


SIMILAR BODIES

ELEMENTS:

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


commi ees or subcommi ees, constitutional commissions or commi ees or
division thereof, or of any provincial board or city or municipal council or
board
2. That the oender who may be any persons prevents such meeting by force or
fraud

Chief of Police and mayor who prevented the meeting of the municipal council
are liable under Art 143, when the defect of the meeting is not manifest and
requires an investigation before its existence can be determined.

Article 144

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DISTURBANCE OF PROCEEDINGS

ELEMENTS:

1. That there be a meeting of Congress or any of its commi ees, constitutional


commissions or commi ees or divisions thereof, or of any provincial board or
city or municipal council or board
2. That the oender does any of the following acts
1. he disturbs any of such meetings
2. 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

Complaint must be led by member of the Legislative body. Accused may also
be punished for contempt.

Article 145

VIOLATION OF PARLIAMENTARY IMMUNITY

Acts punishable:

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


Congress from

1. a ending the meeting of the assembly or any of its commi ees, constitutional
commissions or commi ees or divisions thereof, or from
2. expressing his opinions or
3. casting his vote

2. By arresting or searching any member thereof while Congress is in a regular or


special session, except in case such member has commi ed a crime punishable
under the code by a penalty higher than prision mayor

Elements:

1. That the oender is a public ocer or employee


2. That he arrests or searches any member of Congress
3. That Congress, at the time of arrest or search, is in a regular or special session

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4. That the member searched has not commi ed a crime punishable under the
code by a penalty higher than prision mayor (1987 constitution: privilege from
arrest while congress in session in all oenses punishable by not more than 6
years imprisonment).

Article partly inoperative because of the 1987 Constitution

III. ILLEGAL ASSEMBLIES AND


ASSOCIATIONS

Article 146

ILLEGAL ASSEMBLIES

Two (2) Types of illegal assemblies:

a. Meeting of the rst form

1. Meeting, gathering or group of persons whether in a xed place or moving


2. purpose : to commit any of crimes punishable under the code
3. meeting a ended by armed persons

b. Meeting of the second form

1. Meeting, gathering or group of persons whether in a xed place or moving


2. Audience whether armed or not, is incited to the commission of the crime of
treason, rebellion or insurrection, sedition or direct assault.

Not all the persons present at the meeting of the rst form of illegal assembly
must be armed
Persons liable for illegal assembly

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Responsibility of persons merely present at the meeting


Presumptions if person present at the meeting carries an unlicensed rearm:

1. the organizers or leaders of the meeting


2. persons merely present at the meeting (except when presence is out of
curiosity not liable)

1. if they are not armed, penalty is arresto mayor


2. if they carry arms, like bolos or knives, or licensed rearms, penalty is prision
correccional

1. purpose of the meeting is to commit acts punishable under the RPC


2. considered as leader or organizer of the meeting

Article 147

ILLEGAL ASSOCIATIONS

ELEMENTS:
Persons liable:

1. Organized totally or partially for the purpose of commi ing any of the crimes
in RPC
2. Or for some purpose contrary to public morals

1. founders, directors and president of the association


2. mere members of the association

Illegal Assembly (146) Illegal Association (147)

Must be an actual meeting of armed No need for such


persons to commit any of the crimes
punishable under the RPC, or of
individuals who, although not armed,
are incited to the commission of
treason, rebellion, sedition or assault
upon a person in authority of his agent.

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It is the meeting and the a endance at Act of forming or organizing and


such that are punished membership in the association
Persons liable: leaders and those Founders, directors, president and
present members

IV. ASSAULT, RESISTANCE AND


DISOBEDIENCE

Article 148

DIRECT ASSAULT

ELEMENTS OF THE 1ST FORM OF DIRECT ASSAULT

1. That the oender employs force or intimidation.


2. That the aim of the oender is to a ain any of the purposes of the crime of
rebellion or any of the objects of the crimes of sedition. (victim need not be
person in authority)
3. That there is no public uprising.

ELEMENTS OF THE 2ND FORM OF DIRECT ASSAULT:

1. That the oender (a) makes an a ack, (b) employs force, (c) makes a 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 ocial duties (motive is not essential), or

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that he is assaulted (b) by reason of the past performance of ocial duties


(motive is essential).
4. That the oender knows that the one he is assaulting is a person in authority
or his agent in the exercise of his duties (with intention to oend, injure or
assault).
5. That there is no public uprising.

Always complexed with the material consequence of the act (e.g. direct assault
with murder) except if resulting in a light felony, in which case, the
consequence is absorbed
Hi ing the policeman on the chest with st is not direct assault because if done
against an agent of a person in authority, the force employed must be of
serious character
The force employed need not be serious when the oended party is a person in
authority (ex. Laying of hands)
The intimidation or resistance must be serious whether the oended party is
an agent only or a person in authority (ex. Pointing a gun)

Force Employed Intimidation/Resistance

Person in Need not be serious Serious


Authority
Agent Must be of serious Serious
character

Person in authority: any person directly vested with jurisdiction (power or


authority to govern and execute the laws) whether as an individual or as a
member of some court or governmental corporation, board or commission
A barangay captain is a person in authority, so is a Division Superintendent of
schools, President of Sanitary Division and a teacher
Agent: 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
the protection and security of life and property. (Example. Barrio councilman
and any person who comes to the aid of the person in authority, policeman,
municipal treasurer, postmaster, sheri, agents of the BIR, Malacaang
condential agent)
Even when the person in authority or the agent agrees to ght, still direct
assault.
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When the person in authority or the agent provoked/a acked rst, innocent
party is entitled to defend himself and cannot be held liable for assault or
resistance nor for physical injuries, because he acts in legitimate self-defense
There can be no assault upon or disobedience to one authority by another
when they both contend that they were in the exercise of their respective
duties.
When assault is made by reason of the performance of his duty there is no
need for actual performance of his ocial duty when a acked
Circumstances qualifying the oense (Qualied Assault):
Complex crime of direct assault with homicide or murder, or with serious
physical injuries.
Direct assault cannot be commi ed during rebellion.

1. when the assault is commi ed with a weapon


2. when the oender is a public ocer or employee
3. when the oender lays hand upon a person in authority

Article 149

INDIRECT ASSAULT

ELEMENTS:

1. That a person in authority or his agent is the victim of any of the forms of
direct assault dened in ART. 148.
2. That a person comes to the aid of such authority or his agent.
3. That the oender makes use of force or intimidation upon such person coming
to the aid of the authority or his agent.

Indirect assault can be commi ed only when a direct assault is also commi ed
To be indirect assault, the person who should be aided is the agent (not the
person in authority because it is already direct assault, the person coming to
the aid of the person in authority being considered as an agent and an a ack
on the la er is already direct assault). Example. Aiding a policeman under
a ack.

Article 150

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DISOBEDIENCE TO SUMMONS

Acts punishable:

1. refusing without legal excuse to obey summons


2. refusing to be sworn or placed under armation
3. refusing to answer any legal inquiry to produce books, records etc.
4. restraining another from a ending as witness in such body
5. inducing disobedience to a summons or refusal to be sworn

Article 151

RESISTANCE DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE


AGENT OF SUCH PERSON (par. 1)

ELEMENTS:

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


duty or gives a lawful order to the oender.
2. That the oender resists or seriously disobeys such person in authority or his
agent.
3. That the act of the oender is not included in the provisions of arts. 148, 149
and 150.

SIMPLE DISOBEDIENCE (par. 2)

ELEMENTS:

1. That an agent of a person in authority is engaged in the performance of ocial


duty gives a lawful order to the oender.
2. That the oender disobeys such agent of a person in authority.
3. That such disobedience is not of a serious nature.

Direct Assault (148) Resistant and Disobedience to a Person


in Authority or Agents of such Person
(151)

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PIA or his agent must be engaged in PIA or his agent must be in the actual
the performance of ocial duties or performance of his duties.
that he is assaulted
Direct assault is commi ed in 4 Commi ed by resisting or seriously
ways by a acking, employing disobeying a PIA or his agent.
force, and seriously resisting a PIA
or his agent.
Use of force against an agent of PIA Use of force against an agent of a PIA is
must be serious and deliberate. not so serious; no manifest intention to
defy the law and the ocers enforcing
it.
Article 152

PERSONS IN AUTHORITY/AGENTS OF PERSONS IN AUTHORITY:

Persons 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.

1. Barangay captain
2. Barangay chairman
3. Teachers
4. Professors
5. Persons charged with the supervision of public or duly recognized private
schools, colleges and universities
6. Lawyers in the actual performance of their professional duties or on the
occasion of such performance

Agent of Person in Authority any person who, by direct provision of law or


by election or by appointment by competent authority, is charged with the
maintenance of public order and the protection and security of life and
property.

1. Barrio councilman
2. Barrio policeman
3. Barangay leader
4. Any person who comes to the aid of persons in authority

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Section 388 of the Local Govt Code provides that for purposes of the RPC,
the punong barangay, sangguniang barangay members and members of the
lupong tagapamayapa in each barangay shall be deemed as persons in authority
in their jurisdictions, while other barangay ocials and members who may be
designated by law or ordinance and charged with the maintenance of public
order, protection and the security of life, property, or the maintenance of a
desirable and balanced environment, and any barangay member who comes to
the aid of persons in authority shall be deemed AGENT of persons in authority.

V. CRIMES AGAINST PUBLIC


DISORDERS

Article 153

TYPES OF TUMULTS AND OTHER DISTURBANCES OF PUBLIC


ORDER:

1. Causing any serious disturbance in a public place, oce or establishment


2. Interrupting or disturbing public performances, functions, gatherings or
peaceful meetings, if the act is not included in Art 131 and 132 (Public Ocers
interrupting peaceful meetings or religious worship).
3. Making any outcry tending to incite rebellion or sedition in any meeting,
association or public place
4. Displaying placards or emblems which provoke a disturbance of public order
in such place
5. Burying with pomp the body of a person who has been legally executed.

If the act of disturbing or interrupting a meeting or religious ceremony is NOT


commi ed by public ocers, or if commi ed by public ocers they are not

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participants therein, this article applies. Art 131 and 132 punishes the same acts
if commi ed by public ocers who are NOT participants in the meeting
The outcry is merely a public disorder if it is an unconscious outburst which,
although rebellious or seditious in nature, is not intentionally calculated to
induce others to commit rebellion or sedition, otherwise, its inciting to
rebellion or sedition.
Tumultuous if caused by more than 3 persons who are armed or provided
with means of violence (circumstance qualifying the disturbance/interruption)
tumultuous in character

Article 154

TYPES OF UNLAWFUL USE OF MEANS OF PUBLICATION AND


UNLAWFUL UTTERANCES:

1. Publishing or causing to be published, by means of printing, lithography or


any other means of publication as news any false news which may endanger
the public order, or cause damage to the interest or credit of the State.
2. Encouraging disobedience to the law or to the constituted authorities or by
praising, justifying or extolling any act punished by law, by the same means or
by words, u erances or speeches
3. Maliciously publishing or causing to be published any ocial resolution or
document without proper authority, or before they have been published
ocially
4. Printing, publishing or distributing or (causing the same) books, pamphlets,
periodicals or leaets which do not bear the real printers name or which are
classied as anonymous.

Article 155

TYPES OF ALARMS AND SCANDALS:

1. Discharging any rearm, rocket, recracker, or other explosive within any


town or public place, calculated to cause alarm or danger
2. Instigating or taking active part in any charivari or other disorderly meeting
oensive to another or prejudicial to public tranquility
3. Disturbing the public peace while wandering about at night or while engaged
in any other nocturnal amusement
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4. Causing any disturbance or scandal in public places while intoxicated or


otherwise, provided the act is not covered by Art 153 (tumult).

Charivari mock serenade or discordant noises made with ke les, tin horns
etc, designed to deride, insult or annoy
Firearm must not be pointed at a person, otherwise, it is illegal discharge
What governs is the result, not the intent

CRIME Nature of Crime Who are Liable

Tumults and other Crime against Public Order Private persons,


Disturbances (153) outsider
Alarms and Scandals Crime against Public Order Private persons,
(155) outsider

Article 156

ELEMENTS OF DELIVERING PRISONERS FROM JAILS:

1. That there is a person conned in a jail or penal establishment.


2. That the oender removes therefor such person, or helps the escape of such
person (if the escapee is serving nal judgement, he is guilty of evasion of
sentence).
3. Oender is a private individual

Prisoner may be detention prisoner or one sentenced by virtue of a nal


judgment
A policeman assigned to the city jail as guard who while o-duty released a
prisoner is liable here
It may be commi ed through negligence
Circumstances qualifying the oense is commi ed by means of violence,
intimidation or bribery.
Mitigating circumstance if it takes place outside the penal establishment by
taking the guards by surprise

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VI. EVASION OF SENTENCE OR


SERVICE

Article 157

ELEMENTS OF EVASION OF SERVICE OF SENTENCE:

1. That the oender is a convict by nal judgment.


2. That he is serving his sentence which consists in deprivation of liberty
(destierro included)
3. That he evades the service of his sentence by escaping during the term if his
sentence. (fact of return immaterial).

A continuing oense.
Oenders not minor delinquents nor detention prisoners
If escaped within the 15 day appeal period no evasion
No applicable to deportation as the sentence
Flimsy excuse for violating destierro not acceptable
Circumstances qualifying the oense (done thru):

1. unlawful entry (by scaling)


2. breaking doors, windows, gates, walls, roofs or oors
3. using picklocks, false keys, disguise, deceit, violence or intimidation
4. connivance with other convicts or employees of the penal institution

Article 158

ELEMENTS OF EVASION OF SERVICE OF SENTENCE ON THE


OCCASION OF DISORDERS, CONFLAGRATIONS, EARTHQUAKES OR
OTHER CALAMITIES:

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1. That the oender is a convict by nal judgement who is conned in a penal


institution.
2. That there is disorder, resulting from- 1. conagration,

2. earthquake,

3. explosion, or

4. similar catastrophe, or

5. mutiny in which he has not participated.

1. That the oender evades the service of his sentence by leaving the penal
institution where he is conned, on the occasion of such disorder or during the
mutiny.
2. That the oender fails to give himself up to the authorities within 48 hours
following the insurance of a proclamation by the chief executive announcing
the passing away of such calamity.

Penalty: an increase by 1/5 of the time remaining to be served under the


original sentence, in no case to exceed 6 months.
Oender must escape to be entitled to allowance
Mutiny organized unlawful resistance to a superior ocer, a sedition, a
revolt
Disarming the guards is not mutiny

Article 159

VIOLATION OF CONDITIONAL PARDON

ELEMENTS:

1. That the oender was a convict.


2. That he was granted a conditional pardon by the chief executive.
3. That he violated any of the conditions of such pardon.

Condition extends to special laws violation of illegal voting


Oender must have been found guilty of the subsequent oense before he can
be prosecuted under this Article. But if under Revised Admin Code, no
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conviction necessary. President has power to arrest, reincarnate oender


without trial.

VIOLATION OF PARDON ORDINARY EVASION

Infringement of conditions/terms of To evade the penalty given by the


President courts disturbs the public order
Two penalties provided:

1. prision correccional in its minimum period if the penalty remi ed does not
exceed 6 years
2. the unexpired portion of his original sentence if the penalty remi ed is
higher than 6 years

VII. COMMISSION OF ANOTHER


CRIME

Article 160

COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY


IMPOSED FOR ANOTHER PREVIOUS OFFENSE-PENALTY: (quasi-
recidivism)

ELEMENTS

1. That the oender was already convicted by nal judgement of one oense.
2. That he commi ed a new felony before beginning to serve such sentence or
while serving the same.

Quasi-recidivism : a person after having been convicted by nal judgement


shall commit a new felony before beginning to serve such sentence, or while
serving the same.
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Second crimes must belong to the RPC, not special laws. First crime may be
either from the RPC or special laws
Reiteracion: oender shall have served out his sentence for the prior oense
A quasi-recidivist may be pardoned at age 70. Except: Unworthy or Habitual
Delinquent
If new felony is evasion of sentence oender is not a quasi-recidivist
Penalty: maximum period of the penalty for the new felony should be imposed
(mitigating circumstance can only be appreciated if the maximum is divisible)
Quasi-Recidivism may be oset by a special privileged mitigating
circumstance (ex. Minority)

Reference:

Criminal Law Book 2 Reviewer

Ateneo Central Bar Operations 2001

About Magz

First of all, I am not a lawyer. I'm a graduate of AB Political Science and went to the
College of Law but stopped going to law school for some reasons. I'm a passionate teacher
who has been teaching English to speakers of other languages and a person who likes
writing and blogging. I lost some important les and software when my computer broke
down so the reason I created this website is to preserve the notes, reviewers and digests I
collected when I was at the law school and at the same time, I want to help out law
students who do not have enough time to go and read books in the library.
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Posted on January 25, 2012, in Criminal Law and tagged Criminal Law Book 2 -
Title Three. Bookmark the permalink. 1 Comment.
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Comments 1

Niel | June 22, 2016 at 5:10 pm


Is this book have a Criminal law Book 3?

Blog at WordPress.com.

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