15462048 Criminal Law II Reviewer - baixardoc

Criminal Law II Reviewer Vena V. Verga

/vvverga Second Semester, AY 2004-2005 Page 1 of 75 Criminal Law II Reviewer

Criminal Law II Reviewer Summary of Book II

Crime Elements Penalty Important Points to Remember

114 Treason

1. Offender is a Filipino citizen or an alien residing in the

Philippines

2. There is war in which the Philippines is involved

3. Offender either:

a. levies war against the government

i. that there be an actual assembling of men,

ii. for the purpose of executing a treasonable design

by force

b. or adheres to the enemies, giving them aid or comfort

Treason – branch of allegiance to a government, committed

by a person who owes allegiance to it

Allegiance – obligation of fidelity and obedience which the

individuals owe to the government under which they live or to

their sovereign, in return for the protection they receive;

either permanent or temporary

Adherence to Enemy – intent to betray; when a citizen

intellectually or emotionally favors the enemy and harbors

sympathies or convictions disloyal to his country’s policy or interests]

Aid or Comfort – an act which strengthens or tends to

strengthen the enemy in the conduct of war against the

traitor’s country and an act which weakens or tends to weaken

the power of the traitor’s country to resist or to attack the enemy

Ways of Proving Treason: 1. Testimony of 2 witnesses, at least, to the same overt act;

or

2. Confession of the accused in open court

Filipino Citizen –

RP to death and

a fine not to

exceed P100,000

Alien – RT to

death and a fine

not to exceed

P100,000

No complex

crime of treason

with murder,

physical

injuries…

Aggravating

Circumstances:

cruelty, ignominy

Art. 64 not

strictly applied to

treason

Gravity of

seriousness of

acts of treason

are considered

1. Treason cannot be committed in time of

peace

2. In treason by levying war, it is not necessary

that there be a formal declaration of the

existence of a state of war

3. The war must be directed against

government

4. The purpose of levying war is to deliver the

country in whole or in part to the enemy;

must be in collaboration with foreign enemy

5. The aid or comfort given to the enemies

must be after the declaration of war; the

enemies must be the subject of foreign

power

6. No treason thru negligence

7. When common crimes are charged as overt

acts of treason, they cannot be regarded as

separate crimes or as complexed by treason.

8. Treason by Filipino citizen may be

committed outside the Philippines

9. Treason is a continuous offense

10. Treason cannot be proved by circumstantial

evidence or extrajudicial confession of

accused

11. Two witness rule is severely restrictive

12. Sufficient that witnesses are uniform in their

testimony on the overt act; it is not

necessary that there be corroboration

between them on the point they testified

13. Adherence may be proved by one witness,

or from the nature of the act itself, or from

the circumstances surrounding the act

14. Defense of suspended allegiance and change

of sovereignty is not accepted

15. Defense of obedience to de facto

Government is acceptable

16. Defense of duress or uncontrollable fear is

acceptable



115 Conspiracy

and Proposal

to Commit Treason

1. Conspiracy to Commit Treason PM and a fine not

exceeding

P10,000

The two witness rule does NOT apply to this

article

2. Proposal to Commit Treason PC and a fine not

exceeding

P5,000

116

Misprision of Treason

1. Offender must be owing allegiance to the government and

not a foreigner

2. He has knowledge of any conspiracy to commit treason

against the government

3. He conceals or does not disclose and make known the

same as soon as possible to governor or fiscal of province

or the mayor or fiscal of the city in which he resides

Accessory to the

crime of treason

1. Conspiracy is one to commit treason

2. Article 116 is an exception to the rule that

mere silence does not make a person

criminally liable

117 Espionage

1. By entering, without authority therefore, a warship, fort or

naval or military establishment or reservation to obtain

any information, plans, photographs or other data of a

confidential nature relative to the defense of the

Philippines

a. Offender enters any of the places mentioned therein

b. He has no authority therefore

c. His purpose is to obtain info, plans, etc. of a

confidential nature relative to defense of RP

2. By disclosing to the representative of a foreign nation the

contents of the articles, data, or information referred to in

Par. No. 1 which he had in his possession by reason of the

public office he holds

a. Offender is a public officer

b. He has in his possession the articles, etc. by reason of

the public office he holds

c. He discloses their contents to a representative of a

foreign nation

PC

Penalty next

higher in degree

shall be imposed

if the offender be

a public officer or

employee.

1. Espionage – gathering, transmitting, or

losing information respecting the national

defense with intent or reason to believe that

the information is to be used to the injury of

the RP or to the advantage of any foreign

nation

2. To be liable under paragraph 1, the offender

must have the intention to obtain

information relative to the defense of RP

3. It is not necessary that the information is

obtained

4. Espionage distinguished from treason:

a. Both are crimes not conditioned on

citizenship

b. Espionage – may be committed in many

ways, both in time of peace or war;

Treason – 2 ways of committing; and

only in time of war

118

Inciting to War or Giving

Motives

1. Offender performs unlawful or unauthorized acts

2. Such acts provoke or give occasion for a war involving or

liable to involve the Philippines or expose Filipino citizens

to reprisals on their persons or property

RT if public

officer or

employee

PM if private

individual

1. The intention of offender is immaterial

2. Committed in time of peace

119

Violation of Neutrality

1. There is a war which the Philippines is not involved

2. There is a regulation issued by competent authority for the

purpose of enforcing neutrality

3. Offender violates such regulation

PC 1. Neutrality – a nation or power which takes

no part in a contest of arms going on

between others is referred to as neutral

2. There must be regulation issued by

competent authority for enforcement of

neutrality



120 Correspondence with Hostile

Country

1. It is in time of war in which the Philippines is involved

2. Offender makes correspondence with an enemy country or

territory that is occupied by enemy troops

3. The correspondence is either

a. Prohibited by the government

PC 1. Correspondence – communicating by

means of letters; or it may refer to the

letters which pass between those who have

friendly or business relations

2. Even if correspondence contains innocent

matters, if such has been prohibited by the

government, it is punishable

3. Prohibition by the government is not

essential in paragraphs 1 and 2

4. Qualifying circumstances that must concur

together:

a. The notice or information might be

useful to the enemy

b. The offender intended to aid the enemy

b. Carried in ciphers or conventional signs PM

c. Containing notice or information which might be useful

to the enemy

RT if info may be

useful to enemy

RT to death if

intention was to

aid the enemy

121

Flight to Enemy’s Country

1. There is a war which the Philippines is involved

2. Offender must be owing allegiance to the government

3. Offender attempts to flee or go to enemy country

4. Going to enemy country is prohibited by competent

authority

Arresto Mayor 1. An alien resident may be guilty of flight to

enemy country

2. Mere attempt to flee or go to enemy country

consummates crime

3. Article 121 must be implemented by the

Government

122

Piracy in

General and Mutiny on the High Seas or in Philippine

Waters

1. Vessel is on the high seas or in Philippine waters

2. Offenders are not members of its complement or

passengers of the vessel

3. Offenders either

a. attack or seize the vessel

b. seize the whole or part of the cargo of said vessel, it’s equipment, or personal belongings of its complement

or passengers

Piracy – robbery or forcible depredation on the high seas,

without lawful authority and done with animo furandi and in

the spirit and intention of universal hostility

Mutiny – unlawful resistance to a superior officer, or the

raising of commotions and disturbances on board a ship

against the authority of the commander

RP

Same penalty

shall be inflicted

in case of mutiny

on the high seas

or in Philippine

waters

1. High Seas – any waters on the sea coast

which are without the boundaries of low-

water mark, although such waters may be in

the jurisdictional limits of a foreign

government

2. Piracy Distinguished From Robbery in High Seas

a. In piracy offender is an outsider; in

robbery, offender is member of crew or

passenger

b. In both, there is intent to gain and

manner of committing the crime is the

same

3. Piracy Distinguished from Mutiny

a. In piracy, the offenders are strangers; in

mutiny, they are members of the crew

or passengers

b. In piracy, intent to gain is essential; in

mutiny, the intention may be to ignore

ship’s officers or to commit plunder 123

Qualified Piracy

Qualifying Circumstances: 1. Seized vessel by boarding or firing upon the same; or

2. Pirates have abandoned their victims without means of

Special complex

crime punishable

by RP to Death

1. Any person who aids or protects pirates or

abets the commission of piracy shall be

considered as an accomplice



saving themselves; or

3. Crime is accompanied by murder, homicide, physical

injuries or rape

regardless of

number of

victims

2. R.A. 6235 – An Act Punishing Certain Acts

Inimical to Civil Aviation

124 Arbitrary Detention

1. Offender is a public officer or employee

2. He detains a person

3. Detention is without legal grounds

Detention – when a person is placed in confinement or there

is a restraint on his person

Detention is without legal grounds: 1. When he has not committed any crime or, at least, there

is no reasonable ground for suspicion that he has

committed a crime; or

2. When he is not suffering from violent insanity or any other

ailment requiring compulsory confinement in a hospital

Not exceeded 3

days – A Mayor

in maximum to

PC in minimum

More than 3 less

than 15 days –

PC in medium

and maximum

More than 15 not

more than 6

months – PM

Exceeded 6 mos.

– RT

1. Legal Grounds for Detention of Prisoner: a. the commission of a crime

b. violent insanity or o the ailment

requiring the compulsory confinement of

the patient in a hospital

2. Arrest without warrant is the usual cause of

arbitrary detention

3. Arrest Without Warrant, When Lawful (Sec.

5 Rule 113)

- Personal knowledge is required

- A crime must in fact or actually have

been committed

4. There is no reasonable ground if officer only

wants to know the commission of crime

5. There is arbitrary detention thru imprudence

125 Delay in

Delivery of Detained Person to

Proper Judicial

Authorities


2. He has detained a person for some legal ground

3. He fails to deliver such person to the proper judicial

authorities within:

a. 12 hours for offenses punishable by light penalties or

their equivalent

b. 18 hours for offenses punishable by corrective

penalties or their equivalent

c. 36 hours for offenses punishable by afflictive or capital

or their equivalent

Proper Judicial Authorities – means the courts of justice or

judges or said courts vested with judicial power to order the

temporary detention or confinement of a person charged with

having committed a public offense

Rights of Person Detained: 1. He shall be informed of the cause of his detention

2. He shall be allowed, upon his request, to communicate

and confer at anytime with his attorney or counsel

Circumstances considered in determining liability of

officer detaining a person beyond legal period: 1. means of communication

Same as next

preceding

article:

Within 12 hours

for light penalties

Within 18 hours

for corrective

penalties

Within 36 hours

for afflictive or

capital penalties

1. If the offender is a private person, the crime

is illegal detention

2. Detention must be for some legal ground

3. Article 125 does not apply when the arrest is

by virtue of a warrant of arrest but must be

a lawful arrest

4. Delivery does not consist in a physical

delivery, but in making an accusation or

charge or filing of an information against

person

5. Duty of the detaining officer is deemed

complied with upon the filing of the

complaint with the judicial authority

6. Provisions of Article 125 may be waived if

person asks for preliminary examination

7. Violation of Article 125 does not affect

legality of confinement under process issued

by a court

8. The illegality of the detention is not cured by

the filing of the information in court

9. Fiscal is not liable, unless he ordered

detention

10. Article 125 distinguished from Article 124 –

in Art. 124, the detention is illegal from the



2. hour of arrest

3. other circumstances (time, etc.)

beginning; in Art. 125, the detention is legal

in the beginning but the illegality of the

detention starts from the expiration of any

of the periods of time specified without

person detained having been delivered to

proper judicial authority

126 Delaying

Release

1. That offender is a public officer or employee

2. There is a judicial or executive order for the release of a

prisoner or detention prisoner, or that there is a

proceeding upon a petition for the liberation of such

person

3. The offender without good reason delays:

a. the service of the notice of such order to the prisoner

b. the performance of such judicial or executive order for

the release of the prisoner

c. the proceedings upon a petition for the release of such

person

Same as Article

124

Wardens and jailers are the public officers most

likely to violate Article 126

127 Expulsion


2. He expels any person from the Philippines or compels a

person to change his residence

3. The offender is not authorized to do so by law

PC Only the court by a final judgment can order a

person to change his residence

128

Violation of Domicile

Acts Punished:

1. By entering any dwelling against the will of the owner

thereof; or

2. By searching papers or other effects found therein without

the previous consent of such owner; or

3. By refusing to leave the premises, after having

surreptitiously entered said dwelling and after having been

required to leave the same

Elements Common to the Three Acts:


2. He is not authorized by judicial order to enter the dwelling

and / or to make a search therein for papers and other

effects

PC in minimum

PC in medium

and maximum if

with Qualifying

circumstances of

nighttime, or if

any papers or

effects not

constituting

evidence of a

crime be not

returned

immediately

1. A public officer or employee is authorized by

judicial order when he is armed with a

search warrant duly issued by the court

2. “Against the will of the owner” presupposes opposition or prohibition by said owner,

whether express or implied; if it is only

without the consent of the owner, the crime

is not committed

3. Right of officer to break into building or

enclosure (Sec 11 Rule 113, 1985 Rules on

Criminal Procedure)

4. Circumstances Qualifying the Offense:

a. If the offense is committed at nighttime;

or

b. If any papers or effects not constituting

evidence of a crime are not returned

immediately after the search was made

5. Papers of other effects must be found in the

dwelling



129 Search

Warrants

Maliciously Obtained and

Abuse in Service of

Those Legally Obtained

Acts Punished: 1. By procuring a search warrant without just cause

a. Offender is a public officer or employee

b. Procures a search warrant

c. There is no just cause

2. By exceeding his authority or by using unnecessary

severity in executing a search warrant legally procured

a. The offender is a public officer or employee

b. He has legally procured a search warrant

c. He exceeds his authority or uses unnecessary severity

in executing the same

Search Warrant – an order in writing issued in the name of

the People of the Philippines, signed by a judge and directed

to a peace officer, commanding him to search for personal

property described therein and bring it before the court

Probable Cause – such reasons, supported by facts and

circumstances, as will warrant a cautious man in the belief

that his action, and the means taken in prosecuting it, are

legally just and proper

Liability

attaching to

Offender for

commission of

any other

offense (perjury)

and

A Mayor in

maximum to PC

in minimum and

fine not

exceeding

P1,000

1. Personal Property to be Seized:

a. Subject of the offense; or

b. Stolen or embezzled and other proceeds

or fruits of the offense; or

c. Used or intended to be used as the

means of committing an offense

2. Search warrant will not issue except upon

probable cause

3. Search warrant is valid for 10 days from its

date

4. The true test of lack of just cause is whether

the affidavit filed in support of the

application for search warrant has been

drawn in such a manner that perjury could

be charged thereon and affiant be held liable

for damages caused

5. Search and seizure without warrant as an

incident to lawful arrest is legal

6. Peace officers may enter house of an

offender who committed an offense in their

presence

7. Search and seizure of vessels without a

search warrant legal

130 Searching Domicile Without

Witnesses

1. The offender is a public officer or employee

2. He is armed with search warrant legally procured

3. He searches the domicile, papers or other belongings of

any person

4. The owner, or any member of his family, or two witnesses

residing in the same locality are not present

A Mayor in

medium and

maximum

1. Search – to go over or look thru for the

purpose of finding something; to examine

2. Distinguish Article 128 from Article 130 – In

violation of domicile, the public officer has

not authority to make a search warrant; in

Article 130, public officer has a search

warrant

131 Prohibition,

Interruption, and

Dissolution of Peaceful Meetings


2. He performs any of the following acts:

a. Prohibiting or interrupting, without legal ground, the

holding of a peaceful meeting, or by dissolving the

same

b. Hindering any person from joining any lawful

association or from attending any of its meetings

c. Prohibiting or hindering any person from addressing,

either alone or together with others, any petition to

the authorities for the correction of abuses or redress

of grievances

PC in minimum 1. Private individual cannot commit this crime

2. Under paragraph 1, public officer must act

without legal ground

3. When the meeting to be held is not peaceful,

there is legal ground for prohibiting it

4. The right to peaceably assemble is not

absolute and may be regulated

5. The offender must be a stranger, not a

participant, in the meeting

132 Interruption


2. Religious ceremonies or manifestations of any religion are

PC in minimum

PC in medium

1. Preventing a religious ceremony to take

place punishable under this article



of Religious Worship

about to take place or are going on

3. Offender prevents or disturbs the same

Qualifying Circumstance:

- if the crime is committed with violence or threats

and maximum if

committed with

violence or

threats

2. Reading a bible and then attacking certain

churches in a public plaza is not a ceremony

of manifestation of religion, but only a

meeting of a religious sect

133 Offending the

Religious Feelings

1. Acts complained of were performed:

a. In a place devoted to religious worship, or

b. During the celebration of any religious ceremony

2. The acts must be notoriously offensive to the feelings of

the faithful

Religious Ceremonies – religious acts performed outside of

a church, such as processions and special prayers for burying

dead person

A Mayor in

maximum to PC

in minimum

1. It is not necessary that there is a religious

ceremony going on when the offender

performs acts notoriously offensive to the

feelings of the faithful

2. There must be deliberate intent to hurt the

feelings of the faithful

3. Offense to feelings is judged from

complainant’s point of view

134

Rebellion or Insurrection

1. There be a public uprising and taking arms against the

Government

2. The purpose of the uprising or movement is either:

a. to remove from the allegiance to said government or

its laws:

i. the territory of the Philippines or any part thereof;

or

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

b. To deprive the Chief Executive or Congress, wholly or

partially, of any of their powers or prerogatives

Rebellion – used where the object of the movement is

completely to overthrow and supersede the existing

government

Insurrection – used in reference to a movement which seeks

merely to effect some change of minor importance, or to

prevent the exercise of governmental authority with respect to

particular matters or subject

Rebellion distinguished from Treason:

1. Rebellion – levying of war during peace time for any of the

purposes mentioned; Treason – performed in aid of enemy

during wartime

2. Rebellion always involves taking up arms against

government; Treason may be committed by mere

adherence to the enemy, giving aid or comfort

RP – person who

promotes,

maintains or

heads rebellion

or insurrection

RT – person

merely

participating or

executing

commands of

others

1. Rebellion or of inciting it is a crime of

masses, of a multitude

2. Actual clash of arms with the forces of the

government, not necessary to convict the

accused who is in conspiracy with others

actually taking arms against the government

3. Purpose of the uprising must be shown

4. It is not necessary that the purpose be

accomplished

5. Giving aid or comfort not criminal in

rebellion

6. Rebellion distinguished from Subversion –

rebellion is a crime against public order;

Subversion – like treason, against national

security

7. Mere silence or omission is not punishable in

rebellion

8. It is not a defense in rebellion that the

accuse never took the oath of allegiance to,

or that they never recognized the

government

9. Those who killed persons in pursuance of

movement to overthrow government are

liable for rebellion only

10. There is no complex crime of rebellion with

murder and other common crimes

(Hernandez ruling)

11. Killing, robbing, etc for a private purpose or

profit, without any political motivation,

would be separately punished and would not



be absorbed in the rebellion

134-A Coup d’etat

1. Offender is a person(s) belonging to the military or police

or holding any public office or employment

2. It is committed by means of a swift attack accompanied

by violence, intimidation, threat, strategy or stealth

3. The attack is directed against duly constituted authorities

of the Philippines, or any military camp or installation,

communication networks, public utilities or other facilities

needed for the exercise and continued possession of

power

4. The purpose of the attack is to seize or diminish state

power

Political Crimes Distinguished from Common Crimes - Political crimes are those directly aimed against the

political order, as well as such common crimes as may

be committed to achieve a political purpose

- The decisive factor is the intent or motive

RT in maximum

– person in

government

service who

participates, or

executes

directions or

commands of

others in

undertaking a

coup d’etat PM in maximum

– person not in

government

service who

participates, or

in any manner

supports,

finances, abets

or aids in

undertaking a

coup d’etat

1. Coup d’ etat may be committed with or without civilian participation

2. Those liable for Rebellion, Insurrection

and/or Coup d’ etat (Article 135) a. Leaders

i. any person who promotes, maintains,

or heads a rebellion or insurrection

ii. any person who leads, directs, or

commands others to undertake a coup

d’etat b. Participants

i. Any person who participates or

executes the commands of others in

rebellion or insurrection

ii. Any person in the government service

who participates, or executes

directions or commands of others in

undertaking a coup d’etat iii. Any person not in the government

service who participates, supports,

abets, or aids in undertaking a coup

d’etat 136

Conspiracy and Proposal

to Commit Coup d’etat, Rebellion or

Insurrection

Conspiracy and Proposal to Commit Coup d’etat PM in minimum

and fine not to

exceed P8,000

1. Merely agreeing and deciding to rise publicly

and take arms against the government for

the purposes of rebellion or merely

proposing the commission of said acts is

already subject to punishment

2. No conspiracy when there is no agreement

and no decision to commit rebellion

Conspiracy to Commit Rebellion or Insurrection PC in maximum

and fine not to

exceed P5,000

Proposal to Commit Rebellion or Insurrection PC in medium

and fine not to

exceed P2,000

137

Disloyalty of Public

Officers


2. Commits any of the following acts of disloyalty:

a. Failing to resist a rebellion by all the means in their

power;

b. Continuing to discharge the duties of their offices

under the control of the rebels;

c. Accepting appointment to office under them

PC in minimum The crime of disloyalty of public officers

presupposes the existence of rebellion by other

persons

The offender under Article 137 must not be in

conspiracy with the rebels

138 Inciting to Rebellion

1. Offender does not take arms or is not in open hostility


2. He incites others to the execution of any of the acts of

PM in minimum 1. Inciting to Rebellion Distinguished from

Proposal

a. in both, the offender induces another to



rebellion

3. The inciting is done by means of speeches, proclamations,

writings, emblems, banners or other representations

tending to the same end

commit rebellion

b. in proposal, person who proposes has

decided to commit rebellion; in inciting,

it is not required that offender has

decided to commit rebellion

c. in proposal, person who proposes uses

secret motive; in inciting, the act is done

publicly

2. Rebellion should not be committed

139 Sedition

1. The offenders rise publicly and tumultuously

2. They employ force, intimidation, or other means outside of

legal methods

3. The offenders employ any of those means to attain any of

the following objects:

a. To prevent the promulgation or execution of any law

or the holding of any popular election

b. To prevent the National Gov’t, or any provincial or municipal gov’t, or any public officer thereof from freely exercising its or his functions, or prevent the

execution of any administrative order

c. To inflict any act of hate or revenge upon the person

or property of any public officer or employee

d. To commit, for any political or social end, any act of

hate or revenge against private persons or any social

class; and

e. To despoil, for any political or social end, any person,

municipality or province, or the national gov’t of all its property or any part thereof

PM in minimum

and a fine not

exceeding

P10,000 – for

the leader of

sedition

PC in maximum

and a fine not

exceeding

P5,000 – for

other persons

participating

therein

1. Sedition is the raising of commotions or

disturbances in the state

2. Sedition Distinguished from Rebellion

a. In both, there must be public

uprising

b. In sedition, it is sufficient that public

uprising is tumultuous; in rebellion,

there must be taking up of arms


c. In sedition, the purpose of offenders

may be political or social; in

rebellion, it is always political

3. Sedition distinguished from treason –

treason is the violation by a subject of

allegiance to sovereign; sedition is the

raising of commotions or disturbances in the

State

4. Public uprising and an object of sedition

must concur

5. Common crimes are not absorbed in sedition

141 Conspiracy to

Commit Sedition

PC in medium

and fine not to

exceed P2,000

1. There must be an agreement and a decision

to rise publicly and tumultuously to attain

any of the objects of sedition

2. There is no proposal to commit sedition

142

Inciting to Sedition

Different Acts Punished:

1. Inciting to Sedition to Accomplish any of its Objects:

a. Offender does not take direct part in the crime of

sedition

b. He incites others to the accomplishment of any of the

acts which constitute sedition

c. The inciting is done by means of speeches,

proclamation, writings, emblems, cartoons, banners,

or other representations tending to the same end

2. Uttering seditious words or speeches which tend to disturb

PC in maximum

and fine not to

exceed P2,000

1. Scurrilous – low, vulgar, mean or foul

2. Uttering seditious words or speeches and

writing, publishing or circulating scurrilous

libels are punishable, when:

a. they tend to disturb or obstruct any

lawful officer in executing the functions

of his office; or

b. they tend to instigate others to cabal

and meet together for unlawful

purposes; or



the public peace

3. Writing, publishing or circulating scurrilous libels against

the government or any of the duly constituted authorities

thereof, which tend to disturb the public peace

a. Offender does not take direct part in the crime of

sedition

b. Commits any of the following acts of sedition either 2

or 3

c. they suggest or incite rebellious

conspiracies or riots; or

d. 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

3. Knowingly concealing such evil practices is

treated and punished as that of the principal

4. Two rules relative to seditious words:

a. Clear and Present Danger Rule

b. Dangerous Tendency Rule

143 Acts Tending

to Prevent the Meeting

of Congress

1. There be a projected or actual meeting of Congress or any

of its committees or subcommittees, constitutional

committees or divisions thereof, or of any provincial board

or city or municipal council or board

2. The offender who may be any person prevents such

meeting by force or fraud

PC or a fine

ranging from

P200 to P2,000

or both

Chief of police and mayor who prevented the

meeting of the municipal council are liable under

Article 143, when the defect of the meeting is

not manifest and requires an investigation

before its existence can be determined

144 Disturbance

of Proceedings

of Congress

and Similar Bodies

1. There be a meeting of Congress or any of its committees

or subcommittees, constitutional commissions or

committees or divisions thereof, or of any provincial board

or city or municipal council or board

2. The offender does any of the following acts:

a. He disturbs any of such meetings

b. He behaves while in the presence of any such bodies

in such a manner as to interrupt its proceedings or to

impair the respect due it.

A Mayor or a fine

of P200 to

P1,000

1. The complaint for disturbance of proceedings

may be filed by a member of a legislative

body

2. One who disturbs the proceedings of the

congress my also be punished for contempt

145 Violation of

Parliamentary Immunity

First Form 1. The offender (any person) uses force, intimidation, threats

or fraud.

2. The purpose of the offender is to prevent any member of

Congress from:

a. Attending the meetings of Congress or any of its

committees, etc.; or

b. Expressing his opinion; or

c. Casting his vote

PM

1. Parliamentary immunity does not protect

members of the Congress from responsibility

before the legislative body itself

2. It is sufficient that the offender, in using

force, intimidation, threats, or frauds, has

the purpose to prevent a member of

Congress from exercising any of his such

prerogatives

Second Form 1. Offender is a public officer or employee

2. He arrests or searches any member of Congress

3. Congress, at the time of arrest or search, is in regular or

special session

4. The member arrested or searched has not committed a

crime punishable under the Code by a penalty higher than

prision mayor

PC

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