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1. By prision correccional, if the correspondence has been prohibited by the The same penalty shall be inflicted in case of mutiny on the high seas or in the
Government; Philippine waters.
2. By prision mayor, if the correspondence be carried on in ciphers or
conventional signs; and
3. By reclusion temporal, if notice or information be given thereby which might be Piracy – it is robbery or forcible depredation on the high seas, without lawful authority
useful to the enemy. If the offender intended to aid the enemy by giving such and done with animo furandi and in the spirit and intention of universal hostility.
notice or information, he shall suffer the penalty of reclusion temporal to death. o elements
1. that the vessel is on the high seas or in the Philippine waters
high seas – any waters on the sea coast which are without the
Correspondence with hostile country boundaries of low-water mark, although such waters may be in the
o elements jurisdictional limits of a foreign government
1. that it is in time of war in which the Philippines is involved 2. that the offenders are not members of its complement or passengers of the
2. that the offender makes correspondence with an enemy country or territory vessel
occupied by enemy troops 3. that the offender
3. that the correspondence is either a) attack or seize that vessel or
a) prohibited by the Government b) seize the whole or part of the cargo of said vessel, its equipment or
b) carried on in ciphers or conventional signs personal belongings of its complement of passengers
c) containing notice or information which might be useful to the enemy o Piracy is triable anywhere because it is against all mankind,
correspondence – is communication by means of letters; or it may refer to the o Any person who aids or protects pirates or abets the commission of piracy shall
letters which pass between those who have friendly or business relations be considered as an accomplice
o prohibition by the Government is not essential in par. 2 and 3 of Article 120
o Qualifying circumstance that must concur together: PIRACY Art. 122 of the RPC Presidential Decree No. 532
1. that the notice or information might be useful to the enemy As to the May be committed by attacking or May be committed by attacking or
2. that the offender intended to aid the enemy manner of seizing a vessel or seizing the seizing a vessel or by taking
penalty is the same as that for treason commission whole or part of the cargo of said away the whole or part of its
vessel, its equipment or personal cargo, its equipment or personal
belongings of its complement or belongings of its complement or
Art. 121 passengers passengers by means of
The penalty of arresto mayor shall be inflicted upon any person who, owing violence against or intimidation
allegiance to the government attempts to flee or got o an enemy country when of persons or force upon things
prohibited by competent authority. As to the May be committed only by a May be committed by any person
persons stranger to a vessel including a passenger or member
committing the of the complement of the vessel
Flight to enemy’s country crime Neither a passenger nor a
o elements member of the complement of the
1. that there is a war in which the Philippines is involved; vessel
2. that the offender must be owing allegiance to the Government As to the place May be committed in the May be committed only in
3. that the offender attempts to flee or go to the enemy country of the Philippine waters or on the high Philippine waters
4. that going to enemy country is prohibited by competent authority commission of seas
the crime
As to when It becomes qualified when it is It becomes qualified, among
piracy accompanied, among others, by others, when physical injuries or
becomes murder, homicide, physical injury, other crimes are committed as a
qualified or rape result or on the occasion thereof
or when murder, homicide or rape
is committed by reason or on the
occasion thereof
Piracy Robbery
Offender is an outsider Offender is a member of the crew of
passenger
Art. 123
The penalty of reclusion perpetua to death shall be imposed upon those who commit
any of the crimes referred in the preceding article, under the following
circumstances:
1. Whenever they have seized a vessel by boarding or firing upon the same;
2. Whenever the pirates have abandoned their victims without means of saving
themselves; or
3. Whenever the crime is accompanied by murder, homicide, physical injuries, or
rape.
REPUBLIC ACT No. 6235 (4) "Poisonous" is any substance or materials, except medicinal drug, either liquid, solid or gaseous, which
through chemical reactions kills, injuries or impairs a living organism or person, and shall include but not limited
AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL AVIATION, AND FOR OTHER PURPOSES. to allyl isothiocyanate, ammunition (chemical, non-explosive but containing Class A, B or poison), aniline oil,
arsine, bromobenzyle cyanide, bromoacetone and other similar substances or materials.
Section 1. It shall be unlawful for any person to compel a change in the course or destination of an aircraft of
Philippine registry, or to seize or usurp the control thereof, while it is in flight. An aircraft is in flight from the Section 6. Any violation of Section three hereof shall be punishable by an imprisonment of at least five years but not more than
moment all its external doors are closed following embarkation until any of such doors is opened for ten years or by a fine of not less than ten thousand pesos but not more than twenty thousand pesos: Provided, That if the
disembarkation. violation is committed by a juridical person, the penalty shall be imposed upon the manager, representative, director, agent or
employee who violated, or caused, directed, cooperated or participated in the violation thereof: Provided, further, That in case
It shall likewise be unlawful for any person to compel an aircraft of foreign registry to land in Philippine territory the violation is committed in the interest of a foreign corporation legally doing business in the Philippines, the penalty shall be
or to seize or usurp the control thereof while it is within the said territory. imposed upon its resident agent, manager, representative or director responsible for such violation and in addition thereto, the
license of said corporation to do business in the Philippines shall be revoked.
Section 2. Any person violating any provision of the foregoing section shall be punished by an imprisonment of
not less than twelve years but not more than twenty years, or by a fine of not less than twenty thousand pesos Any violation of Section four hereof shall be an offense punishable with the minimum of the penalty provided in the next
but not more than forty thousand pesos. preceding paragraph.
The penalty of imprisonment of fifteen years to death, or a fine of not less than twenty-five thousand pesos but Section 7. For any death or injury to persons or damage to property resulting from a violation of Sections three and four
not more than fifty thousand pesos shall be imposed upon any person committing such violation under any of hereof, the person responsible therefor may be held liable in accordance with the applicable provisions of the Revised Penal
the following circumstances: Code.
1. Whenever he has fired upon the pilot, member of the crew or passenger of the aircraft; Section 8. Aircraft companies which operate as public utilities or operators of aircraft which are for hire are authorized to
open and investigate suspicious packages and cargoes in the presence of the owner or shipper, or his authorized
2. Whenever he has exploded or attempted to explode any bomb or explosive to destroy the representatives if present; in order to help the authorities in the enforcement of the provisions of this Act: Provided, That if the
aircraft; or owner, shipper or his representative refuses to have the same opened and inspected, the airline or air carrier is authorized to
refuse the loading thereof.
3. Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape.
Section 9. Every ticket issued to a passenger by the airline or air carrier concerned shall contain among others the following
Section 3. It shall be unlawful for any person, natural or juridical, to ship, load or carry in any passenger aircraft condition printed thereon: "Holder hereof and his hand-carried luggage(s) are subject to search for, and seizure of, prohibited
operating as a public utility within the Philippines, any explosive, flammable, corrosive or poisonous substance materials or substances. Holder refusing to be searched shall not be allowed to board the aircraft," which shall constitute a
or material. part of the contract between the passenger and the air carrier.
Section 4. The shipping, loading or carrying of any substance or material mentioned in the preceding section in Section 10. The Civil Aeronautics Administration is hereby directed to promulgate within one month after the approval of this
any cargo aircraft operating as a public utility within the Philippines shall be in accordance with regulations Act such regulations as are provided in Section four hereof and cause the publication of such rules and regulations in the
issued by the Civil Aeronautics Administration. Official Gazette and in a newspaper of national circulation for at least once a week for three consecutive weeks. Such
regulations shall take effect fifteen days after publication in the Official Gazette.
Section 5. As used in this Act
Section 11. This Act shall take effect after the publication mentioned in the preceding section.
(1) "Explosive" shall mean any substance, either solid or liquid, mixture or single compound, which
by chemical reaction liberates heat and gas at high speed and causes tremendous pressure Approved: June 19, 1971
resulting in explosion. The term shall include but not limited to dynamites, firecrackers, blasting
caps, black powders, bursters, percussions, cartridges and other explosive materials, except
bullets for firearm.
(2) "Flammable" is any substance or material that is highly combustible and self-igniting by
chemical reaction and shall include but not limited to acrolein, allene, aluminum dyethyl
monochloride, and other aluminum compounds, ammonium chlorate and other ammonium
mixtures and other similar substances or materials.
(3) "Corrosive" is any substance or material, either liquid, solid or gaseous, which through chemical
reaction wears away, impairs or consumes any object. It shall include but not limited to alkaline
battery fluid packed with empty storage battery, allyl chloroformate, allytrichlorosilane, ammonium
dinitro-orthocresolate and other similar materials and substances.
Title II – Crimes against the fundamental laws of the State b. when an offense has in fact just been committed, and he has probable
cause to believe based on personal knowledge of facts and circumstances
Chapter 1 – Arbitrary detention or expulsion, violation of dwelling, prohibition, that the person to be arrested has committed it
interruption, and dissolution of peaceful meetings and crimes against religious probable cause – such facts and circumstances which could lead a
worship reasonable discreet and prudent man to believe that an offense has
been committed and that the object sought in connection with the
Section 1 – Arbitrary detention and expulsion offense are in the same place sought to be searched
“the offense has in fact just been committed” – doctrine of hot pursuit
elements
Art. 124 1. the offense must have “just been committed”, when the
Any public officer or employee who, without legal ground, detains a person, shall arresting officer arrived in the scene
suffer: 2. the officer must have “personal knowledge” of facts
indicating that the person to be arrested has committed the
1. The penalty of arresto mayor in its maximum period to prision correccional in offense
its minimum period, if the detention has not exceeded three days; c. when the person to be arrested is a prisoner who has escaped from a penal
2. The penalty of prision correccional in its medium and maximum periods, if the establishment or place where he is serving final judgment or temporarily
detention has continued more than three but not more than fifteen days; confined while his case is pending, or has escaped while being transferred
3. The penalty of prision mayor, if the detention has continued more than fifteen from one confinement to another
days but not more than six months; and escapee is in the continuous act of committing a crime
4. That of reclusion temporal, if the detention shall have exceeded six months a. A person may be subjected to a warrantless arrest for the crime of rebellion,
whether or not the president has declared a state of rebellion, so long as the
The commission of a crime, or violent insanity or any other ailment requiring the requisites for a valid warrantless arrest are present.
compulsory confinement of the patient in a hospital, shall be considered legal o arbitrary detention can be committed through imprudence
grounds for the detention of any person. o the law does not fix any minimum period of detention
Arbitrary detention
o elements Art. 125
1. that the offender is a public officer or employee The penalties provided in the next preceding article shall be imposed upon the
must be vested with authority to detain or order the detention of public officer or employee who shall detain any person for some legal ground and
persons accused of a crime (ex. policemen, judges, mayors, barangay shall fail to deliver such person to the proper judicial authorities within the period of:
capt, municipal councilor) twelve (12) hours, for crimes or offenses punishable by light penalties, or their
If detention is perpetrated by a private individual or other public equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional
officers, the crime committed may be illegal detention, because they penalties, or their equivalent; and thirty-six (36) hours, for crimes or offenses
are acting in their private capacity punishable by afflictive or capital penalties, or their equivalent.
Private individuals who conspired with public officers are guilty of
arbitrary detention In every case, the person detained shall be informed of the cause of his detention
2. that he detains a person and shall be allowed, upon his request, to communicate and confer at any time with
detention – the actual confinement of a person in an enclosure, or in his attorney or counsel.
any manner detaining and depriving him of his liberty
even if the persons detained could move freely in and out of their
prison cell and could take their meals outside prison, nevertheless, if Delay in the delivery of detained persons to the proper judicial authorities
they were under the surveillance of the guards and they could not o elements
escape for fear of being apprehended again, there would still be 1. that the offender is a public officer or employee
arbitrary detention If done by private individual; he is guilty of illegal detention
3. that the detention is without legal grounds 2. that he has detained a person for some legal ground
a. when he has not committed any crime or, at least, there is no 3. that he fails to deliver such person to the proper judicial authorities within:
reasonable ground for suspicion that he has committed a crime 12 hours, for crimes or offenses punishable by light penalties, or their
b. when he is not suffering from violent insanity or any other ailment equivalent; or
requiring compulsory confinement in a hospital 18 hours, for crimes or offenses punishable by correctional penalties,
o Arrest without warrant – when lawful or their equivalent; or
a. when, in his presence, the person to be arrested has committed, is actually 36 hours, for crimes or offenses punishable by afflictive or capital
committing, or is attempting to commit an offense penalties, or their equivalent
“in his presence” – when the officer sees the offense being committed, Delivery to the judicial authorities – the surrender or delivery to the
although at a distance, or hears the disturbance created thereby and judicial authority of a person arrested without warrant be a peace
proceeds at once to the scene thereof, or when the offense is officer, does not consists in a physical delivery, but in making an
continuing or has not been consummated at the time the arrest is accusation or charge filing of an information against the person
made, the offense is said to be committed in his presence arrested with the corresponding court or judge, whereby the latter
acquires jurisdiction to issue an order of release or of commitment of o time for delivery of detained persons prescribed in Art. 125 does not apply to
the prisoner, because the arresting officer cannot transfer to the judge suspected terrorist who are detained under Republic Act. No. 9372
and the latter does not assume the physical custody. shall be delivered within a period of 3 days counted from the moment the
proper judicial authorities – courts of justice or judges of said courts said suspected person has been apprehended – imprisonment of 10 years
vested with judicial power to order the temporary detention or and 1 day to 12 years imprisonment
confinement of a person charged with having committed a public o judge must be notified before a suspected terrorist is detained
offense, that is, the Supreme Court and such inferior courts as may be o if the arrest is made during Saturdays, Sundays, holidays or after office hours,
established by law the arresting plice or law enforcement personnel shall bring the person thus
cannot include the fiscal of the city/ public prosecutor, because arrested to the residence of any of the officials (official of human rights
they cannot issue a warrant of arrest or of commitment for commission, judge or justice)
temporary confinement of a person surrendered to legalize the
detention of the person arrested without warrant
public prosecutor is not liable for violation of Art. 125 unless he Art. 126
has ordered the detention – he is not the one who arrested and The penalties provided for in Article 124 shall be imposed upon any public officer or
illegally detained the person arrested employee who delays for the period of time specified therein the performance of any
o Art. 125 applies only when the arrest is made without a warrant of arrest. But the judicial or executive order for the release of a prisoner or detention prisoner, or
arrest must be lawful –it presupposes that complaint or information has already unduly delays the service of the notice of such order to said prisoner or the
been file in court and the accused is already within the sphere of judicial proceeding upon any petition for the liberation of such person.
protection
o duty of detaining officer is deemed complied with upon the filing of the complaint
because further action rest upon the judicial authority Delaying release
o where a judge is not available, the arresting officer is duty bound to release a o elements
detained person, if the maximum hours for detention provided has already 1. that the offender is a public officer or employee
expired wardens and jailers are mostly likely to violate art. 126
o Waiver of the provisions of Article 125 2. that there is a judicial or executive order for the release of a prisoner or
before the complaint or information is filed, the person arrested may ask for detention prisoner, or that there is a proceeding upon a petition for the
preliminary investigation, but he must sign a waiver in the presence of his liberation of such person
counsel. Notwithstanding the waiver, he may apply for bail and the 3. that the offender without good reason delays:
investigation must be terminated within 15 days from its inception. a) the performance of such judicial or executive order for the release of
o circumstances considered in determining liability of officer the prisoner
1. the means of communication b) the service of the notice to such order to the prisoner
2. hour of arrest c) the proceedings upon a petition for the release of such person
3. other circumstances (such as the time of surrender etc)
o illegality of detention is not cured by the filing of the information in court, because
a violation had already been committed Art. 127
o remedy where warrant improperly issued The penalty of prision correccional shall be imposed upon any public officer or
if the accused was illegally detained because he was arrested without a employee who, not being thereunto authorized by law, shall expel any person from
preliminary examination, what should have been done was to set aside the the Philippine Islands or shall compel such person to change his residence.
warrant of arrest and order the discharge of the accused, but without
enjoining the municipal judge from conducting a preliminary examination
and afterwards properly issuing a warrant of arrest. Expulsion
o rights of the person detained o elements
1. he shall be informed of the cause of his detention 1. that the offender is a public officer or employee
2. he shall be allowed, upon his request, to communicate and confer at 2. that he
anytime with his attorney or counsel a) expels any person from the Philippines, or
any violation shall be punished by arresto mayor only an alien may be expelled from the Philippines
o Reason for the provision b) compels a person to change his residence
intended to prevent any abuse resulting from confining a person without 3. that the offender is not authorized to do so by law
informing him of his offense and without permitting him to go on bail “not being thereunto authorized by law”
only the court by a final judgment can order a person to change
Art. 124 Art. 125 his residence.
There is no lawful ground There is lawful ground one may be legally compelled to change his residence in:
The detention is illegal from the beginning The detention is legal in the beginning but a) ejectment proceedings
the illegality of the detention starts from the b) expropriation proceedings
expiration of any periods of time specified in c) case of a conviction for the commission of a crime involving
Art. 125 deprivation of liberty
d) grant of probation – with a condition
Republic Act No. 9372
e) case of release on parole of a prisoner under the Circumstances qualifying the offense
Indeterminate Sentence Law – with a condition 1. if the offense is committed at nighttime
f) grant of temporary or permanent protection order under R.A. 2. if any papers or effects not constituting evidence of a crime are not returned
No. 9262 – with a condition immediately after the search made by the offender.
Art. 129
Art. 128 In addition to the liability attaching to the offender for the commission of any other
The penalty of prision correccional in its minimum period shall be imposed upon any offense, the penalty of arresto mayor in its maximum period to prision correccional
public officer or employee who, not being authorized by judicial order, shall enter in its minimum period and a fine not exceeding 1,000 pesos shall be imposed upon
any dwelling against the will of the owner thereof, search papers or other effects any public officer or employee who shall procure a search warrant without just
found therein without the previous consent of such owner, or, having surreptitiously cause, or, having legally procured the same, shall exceed his authority or use
entered said dwelling, and being required to leave the premises, shall refuse to do unnecessary severity in executing the same.
so.
If the offense be committed in the nighttime, or if any papers or effects not Search warrants maliciously obtained, and abuse in the service of those legally
constituting evidence of a crime be not returned immediately after the search made obtained
by the offender, the penalty shall be prision correccional in its medium and acts punishable
maximum periods. a) by procuring a search warrant without just cause
o elements
1. that the offender is a public officer or employee
Violation of domicile 2. that he procures a search warrant
acts punishable search warrant – an order in writing issued in the name of
a) by entering any dwelling against the will of the owner thereof the People of the Philippines, signed by a judge and directed
“Against the will of the owner” – there must be an express or implied to a peace officer, commanding him to search for personal
opposition or prohibition by the owner of the dwelling. property described therein and bring it before the court.
crime is not committed if entrance is only without the consent and search warrant may be issued
have given consent. a) subject of the offense
silence of the owner may show implied waiver. b) stolen or embezzled and other proceeds or fruits
the fact that the door was closed is an implied prohibition against of the offense
anyone from entering c) used or intended to be use as the means of
b) by searching paper or other effects found therein without the previous consent committing an offense
of such owner requisite
“Papers or other effects found therein” – must be found in the dwelling of the 1. it should be issued upon probable cause
owner probable cause – such facts and
crime is not committed when a public officer search a person outside circumstances which would lead a
his dwelling. reasonably discreet and prudent man to
“search” – an examination of a person’s body, property or other area that believe that an offense has been committed
the person would reasonably be expected to consider as private, conducted and that the objects sought in connection with
by a law enforcement officer for the purpose of finding evidence of a crime. the offense are in the place sought to be
c) by having surreptitiously entered said dwelling, and being required to leave the searched.
premises, shall refuse to do so 2. it should be issued in connection with one specific
“having surreptitiously entered said dwelling” offense
“the refusal of the offender to leave the premises” constitutes the crime 3. the probable cause should be determined
mere surreptitious entry does not consummate the offense personally by the judge after examination under
“surreptitious – unauthorized and clandestine; stealthly and fraudulently oath or affirmation of the complainant and the
done. witnesses he may produce
o elements 4. it must particularly describe the place to be
1. that the offender is a public officer or employee searched
only public officers or employees whose official duties involve directly or 5. it must particularly describe the things to be seized
indirectly the implementation of a search warrant. valid for 10 days from its date
if the offender is a private individual or a public officer who is not involve test to determine sufficiency of an affidavit to warrant
directly or indirectly of the implementation of a search warrant, he the issuance of a search warrant
committed “trespass to dwelling” a) whether it has been drawn in such a manner that
2. that he is not authorized by judicial order to enter the dwelling and/or to perjury could be charged thereon in case the
make a search therein for papers or other effects. allegations contained therein prove false
judicial order refers to search warrant
the felony of maliciously obtaining a search warrant Section 3 – Prohibition, interruption, and dissolution of peaceful meetings
cannot be complexed with perjury or other similar
offense
warrantless search Art. 131
a) search of moving vehicles The penalty of prision correccional in its minimum period shall be imposed upon any
b) seizure of evidence in plain view – plainly expose to public officer or employee who, without legal ground, shall prohibit or interrupt the
sight holding of a peaceful meeting, or shall dissolve the same.
o elements of plain view doctrine
1. a prior valid intrusion based on the valid The same penalty shall be imposed upon any public officer or employee who shall
warrantless arrest in which the police are legally hinder any person from joining any lawful association or from attending any of its
present in the pursuit of their official duties meetings.
2. the evidence was inadvertently discovered by
the police who have the right to be where there The same penalty shall be imposed upon any public officer or employee who shall
are prohibit or hinder any person from addressing, either alone or together with others,
3. the evidence must be immediately apparent any petition to the authorities for the correction of abuses or redress of grievances.
4. plain view justified mere seizure of evidence
without further search
c) customs searches Prohibition, interruption, and dissolution of peaceful meetings
d) waiver or consent searches o elements
o requisites 1. that the offender is a public officer or employee
1. it must appear that the right exists if the offender is a private individual, he committed the crime
2. the person involved had knowledge, actual or “disturbance of public order” as defined in Art. 153
constructive, of the existence of such right the public officer must act without legal ground
3. said person had an actual intention to relinquish must be a stranger, not a participant in the peaceful meeting (unjust
the right vexation)
e) stop and frisk situations 2. that the offender
f) warrantless search incidental to a lawful arrest a) prohibit or interrupt the holding of a peaceful meeting, or by dissolve
g) exigent and emergency situations the same
h) search of vessels and aircraft o elements
i) inspection of buildings and other premises for the 1. the meeting must be peaceful
enforcement of fire, sanitary and building regulations 2. there is no legal ground for prohibiting, or interrupting or
j) a search made to routine airport security procedure dissolving that meeting
3. that there is no just cause a) hinder any person from joining any lawful association or from attending
b) by exceeding his authority or by using unnecessary severity in the executing any of its meetings
a search warrant b) prohibit or hinder any person from addressing, either alone or together
o elements with others, any petition to the authorities for the correction of abuses
1. that the offender is a public officer or employee or redress of grievances
2. that he has legally procured a search warrant o elements
3. that he exceeds his authority or uses unnecessary severity in 1. association must be lawful
executing the same
If the crime shall have been committed with violence or threats, the penalty shall be
Searching domicile without witnesses prision correccional in its medium and maximum periods.
o elements
1. that the offender is a public officer or employee
2. that he is armed with search warrant legally procured Interruption of religious worship
3. that he searches the domicile, papers or other belongings of any person o elements
4. that the owner, or any member of his family, or two witnesses residing in the 1. that the offender is a public officer or employee
same locality are not present 2. that religious ceremonies or manifestations of any religion are about to take
place or are going on
3. that the offender prevents or disturbs the same
circumstances qualifying the offense
1. violence or threat
Art. 133
The penalty of arresto mayor in its maximum period to prision correccional in its
minimum period shall be imposed upon anyone who, in place devoted to religious
worship or during the celebration of any religious ceremony, shall perform acts
notoriously offensive to the feelings of the faithful.
Disloyalty of public officers or employees. — The penalty of prision correccional in CRIMES AGAINST POPULAR REPRESENTATION
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 Section One. — Crimes against legislative bodies and similar bodies
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). 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
Art. 138. Inciting a rebellion or insurrection. — The penalty of prision mayor in its both, shall be imposed upon any person who, by force or fraud, prevents the
minimum period shall be imposed upon any person who, without taking arms or meeting of the National Assembly (Congress of the Philippines) or of any of its
being in open hostility against the Government, shall incite others to the execution committees or subcommittees, constitutional commissions or committees or
of any of the acts specified in article 134 of this Code, by means of speeches, divisions thereof, or of any provincial board or city or municipal council or board.
proclamations, writings, emblems, banners or other representations tending to the (Reinstated by E.O. No. 187).
same end. (Reinstated by E.O. No. 187).
Art. 144. Disturbance of proceedings. — The penalty of arresto mayor or a fine from
Art. 139. Sedition; How committed. — The crime of sedition is committed by persons 200 to 1,000 pesos shall be imposed upon any person who disturbs the meetings of
who rise publicly and tumultuously in order to attain by force, intimidation, or by the National Assembly (Congress of the Philippines) or of any of its committees or
other means outside of legal methods, any of the following objects: 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
1. To prevent the promulgation or execution of any law or the holding of any popular any such bodies should behave in such manner as to interrupt its proceedings or to
election; impair the respect due it. (Reinstated by E.O. No. 187).
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 Section Two. — Violation of parliamentary immunity
execution of any administrative order;
3. To inflict any act of hate or revenge upon the person or property of any public Art. 145. Violation of parliamentary immunity. — The penalty of prision mayor shall
officer or employee; be imposed upon any person who shall use force, intimidation, threats, or fraud to
4. To commit, for any political or social end, any act of hate or revenge against prevent any member of the National Assembly (Congress of the Philippines) from
private persons or any social class; and attending the meetings of the Assembly (Congress) or of any of its committees or
5. To despoil, for any political or social end, any person, municipality or province, or subcommittees, constitutional commissions or committees or divisions thereof,
the National Government (or the Government of the United States), of all its property from expressing his opinions or casting his vote; and the penalty of prision
or any part thereof. 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
Art. 140. Penalty for sedition. — The leader of a sedition shall suffer the penalty of member thereof, except in case such member has committed a crime punishable
prision mayor in its minimum period and a fine not exceeding 10,000 pesos. under this Code by a penalty higher than prision mayor.
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. Chapter Three
187).
ILLEGAL ASSEMBLIES AND ASSOCIATIONS
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 Art. 146. Illegal assemblies. — The penalty of prision correccional in its maximum
not exceeding 2,000 pesos. (Reinstated by E.O. No. 187). 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 Art. 151. Resistance and disobedience to a person in authority or the agents of such
audience is incited to the commission of the crime of treason, rebellion or person. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be
insurrection, sedition or assault upon a person in authority or his agents. Persons imposed upon any person who not being included in the provisions of the preceding
merely present at such meeting shall suffer the penalty of arresto mayor, unless they articles shall resist or seriously disobey any person in authority, or the agents of
are armed, in which case the penalty shall be prision correccional. chan robles such person, while engaged in the performance of official duties.chanrobles virtual
virtual law library law library
If any person present at the meeting carries an unlicensed firearm, it shall be When the disobedience to an agent of a person in authority is not of a serious
presumed that the purpose of said meeting, insofar as he is concerned, is to commit nature, the penalty of arresto menor or a fine ranging from 10 to P100 pesos shall be
acts punishable under this Code, and he shall be considered a leader or organizer of imposed upon the offender.chanrobles virtual law library
the meeting within the purview of the preceding paragraph.chanrobles virtual law Art. 152. Persons in authority and agents of persons in authority; Who shall be
library deemed as such. — In applying the provisions of the preceding and other articles of
As used in this article, the word "meeting" shall be understood to include a this Code, any person directly vested with jurisdiction, whether as an individual or
gathering or group, whether in a fixed place or moving. (Reinstated by E.O. No. 187). as a member of some court or governmental corporation, board, or commission,
Art. 147. Illegal associations. — The penalty of prision correccional in its minimum shall be deemed a person in authority. A barrio captain and a barangay chairman
and medium periods and a fine not exceeding 1,000 pesos shall be imposed upon shall also be deemed a person in authority.chanrobles virtual law library
the founders, directors, and presidents of associations totally or partially organized A person who, by direct provision of law or by election or by appointment by
for the purpose of committing any of the crimes punishable under this Code or for competent authority, is charged with the maintenance of public order and the
some purpose contrary to public morals. Mere members of said associations shall protection and security of life and property, such as a barrio councilman, barrio
suffer the penalty of arresto mayor. (Reinstated by E.O. No. 187). policeman and barangay leader and any person who comes to the aid of persons in
authority, shall be deemed an agent of a person in authority.chanrobles virtual law
Chapter Four library
In applying the provisions of Articles 148 and 151 of this Code, teachers, professors
ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE and persons charged with the supervision of public or duly recognized private
TO, PERSONS IN AUTHORITY AND THEIR AGENTS schools, colleges and universities, and lawyers in the actual performance of their
professional duties or on the occasion of such performance, shall be deemed
Art. 148. Direct assaults. — Any person or persons who, without a public uprising, persons in authority. (As amended by PD No. 299, Sept. 19, 1973 and Batas
shall employ force or intimidation for the attainment of any of the purpose Pambansa Blg. 873, June 12, 1985).
enumerated in defining the crimes of rebellion and sedition, or shall attack, employ Chapter Five
force, or seriously intimidate or resist any person in authority or any of his agents, PUBLIC DISORDERS
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 Art. 153. Tumults and other disturbance of public orders; Tumultuous disturbance or
maximum periods and a fine not exceeding P1,000 pesos, when the assault is interruption liable to cause disturbance. — The penalty of arresto mayor in its
committed with a weapon or when the offender is a public officer or employee, or medium period to prision correccional in its minimum period and a fine not
when the offender lays hands upon a person in authority. If none of these exceeding 1,000 pesos shall be imposed upon any person who shall cause any
circumstances be present, the penalty of prision correccional in its minimum period serious disturbance in a public place, office, or establishment, or shall interrupt or
and a fine not exceeding P500 pesos shall be imposed. disturb public performances, functions or gatherings, or peaceful meetings, if the act
Art. 149. Indirect assaults. — The penalty of prision correccional in its minimum and is not included in the provisions of Articles 131 and 132.
medium periods and a fine not exceeding P500 pesos shall be imposed upon any The penalty next higher in degree shall be imposed upon persons causing any
person who shall make use of force or intimidation upon any person coming to the disturbance or interruption of a tumultuous character.chanrobles virtual law library
aid of the authorities or their agents on occasion of the commission of any of the The disturbance or interruption shall be deemed to be tumultuous if caused by more
crimes defined in the next preceding article.chanrobles virtual law library than three persons who are armed or provided with means of violence.chanrobles
Art. 150. Disobedience to summons issued by the National Assembly, its committees virtual law library
or subcommittees, by the Constitutional Commissions, its committees, The penalty of arresto mayor shall be imposed upon any person who in any meeting,
subcommittees or divisions. — The penalty of arresto mayor or a fine ranging from association, or public place, shall make any outcry tending to incite rebellion or
two hundred to one thousand pesos, or both such fine and imprisonment shall be sedition or in such place shall display placards or emblems which provoke a
imposed upon any person who, having been duly summoned to attend as a witness disturbance of the public order.chanrobles virtual law library
before the National Assembly, (Congress), its special or standing committees and The penalty of arresto menor and a fine not to exceed P200 pesos shall be imposed
subcommittees, the Constitutional Commissions and its committees, upon these persons who in violation of the provisions contained in the last clause of
subcommittees, or divisions, or before any commission or committee chairman or Article 85, shall bury with pomp the body of a person who has been legally
member authorized to summon witnesses, refuses, without legal excuse, to obey executed.chanrobles virtual law library
such summons, or being present before any such legislative or constitutional body Art. 154. Unlawful use of means of publication and unlawful utterances. — The
or official, refuses to be sworn or placed under affirmation or to answer any legal penalty of arresto mayor and a fine ranging from P200 to P1,000 pesos shall be
inquiry or to produce any books, papers, documents, or records in his possession, imposed upon:
when required by them to do so in the exercise of their functions. The same penalty 1. Any person who by means of printing, lithography, or any other means of
shall be imposed upon any person who shall restrain another from attending as a publication shall publish or cause to be published as news any false news which
witness, or who shall induce disobedience to a summon or refusal to be sworn by may endanger the public order, or cause damage to the interest or credit of the
any such body or official.chanrobles virtual law library State;
2. Any person who by the same means, or by words, utterances or speeches shall pardon be higher than six years, the convict shall then suffer the unexpired portion
encourage disobedience to the law or to the constituted authorities or praise, justify, of his original sentence.chanrobles virtual law library
or extol any act punished by law; Chapter Seven
3. Any person who shall maliciously publish or cause to be published any official COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR
resolution or document without proper authority, or before they have been published ANOTHER PREVIOUS OFFENSE
officially; or
4. Any person who shall print, publish, or distribute or cause to be printed, Art. 160. Commission of another crime during service of penalty imposed for another
published, or distributed books, pamphlets, periodicals, or leaflets which do not bear offense; Penalty. — Besides the provisions of Rule 5 of Article 62, any person who
the real printer's name, or which are classified as anonymous.chanrobles virtual law shall commit a felony after having been convicted by final judgment, before
library beginning to serve such sentence, or while serving the same, shall be punished by
Art. 155. Alarms and scandals. — The penalty of arresto menor or a fine not the maximum period of the penalty prescribed by law for the new felony. chan robles
exceeding P200 pesos shall be imposed upon: virtual law library
1. Any person who within any town or public place, shall discharge any firearm, Any convict of the class referred to in this article, who is not a habitual criminal,
rocket, firecracker, or other explosives calculated to cause alarm or danger; shall be pardoned at the age of seventy years if he shall have already served out his
2. Any person who shall instigate or take an active part in any charivari or other original sentence, or when he shall complete it after reaching the said age, unless by
disorderly meeting offensive to another or prejudicial to public tranquility; reason of his conduct or other circumstances he shall not be worthy of such
3. Any person who, while wandering about at night or while engaged in any other clemency.chanrobles virtual law library
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.chanrobles virtual law library
Art. 156. Delivery of prisoners from jails. — 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.chanrobles virtual law library
Chapter Six
EVASION OF SERVICE OF SENTENCE
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 disorder, conflagrations,
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.chanrobles
virtual law library
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.chanrobles virtual law library
Art. 159. Other cases of evasion of service 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