A meeting where the audience are incited to commit treason, rebellion or insurrection,

sedition or assault upon persons in authority or their agents. It is not necessary that there are armed persons.

Persons liable

1. The organizers or leaders of the meeting;

2. Persons merely present at the meeting, who must have a common intent to commit the felony of illegal assembly. (when presence is out of curiosity –not liable)

When a Person Carries Unlicensed Firearm in the 1st _Assembly

If any person present at the meeting carries an unlicensed firearm, it will be presumed as to him that the 1) purpose of the meeting is to commit a felony and 2) he will be deemed the leader or organizer of the meeting.

 The gravamen of the offense is mere assembly of or gathering of people for illegal purpose punishable by the Revised Penal Code. Without gathering, there is no illegal assembly.  Assembly means a meeting or gathering or group

of persons, whether in a fixed place or moving, as a meting inside a bus.

 If the meeting is to commit an act punished by special law, such as drug pushing or to engage in gun running, there is no illegal assembly even if all participants are armed because the purpose is not violative of the Revised Penal Code.

 If the assembly is in the public places defined by BP. 885, what will apply may be The Public Assembly Act.

Article 147. Illegal Associations Concept

Those associations organized for the purpose of committing any felony or for some purpose contrary to public morals. These include the criminal gangs as the Kidnap for Ransom Gangs, Bahala Na Gang; Siguesigue Commandos. Illegal Assembly (146) Illegal Association (147) There must be an actual meeting of armed 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 or his agent

No need for such

Constitutes crime

under RPC Includes a violation of a special law or those against public morals. It is the meeting and

the attendance at such that are punished

Act of forming or organizing and membership in the association is punished Persons liable: leaders

and those present Persons founders, directors, liable: president and members

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Illegal associations

1. Associations totally or partially organized for the purpose of committing any of the crimes punishable under the Code;

2. Associations totally or partially organized for some purpose contrary to public morals.

PUBLIC MORALS – refers to matters which affect the

interest of society and public convenience and is not limited to good customs. These are inimical to public welfare; it has nothing to do with decency, not acts of obscenity.

Persons liable

1. Founders, directors and president of the association; 2. Mere members of the association.

 Be it noted that R.A 1700 which outlawed the Communist Party of the Philippines and declared it an illegal association has been repealed. Hence membership therein is not punished.

 The association is still illegal even if it is duly registered with the SEC as what matters is not the stated purposes in its registration papers but the actual and hidden purposes.

Crimes Against Persons in Authority and their Agents

Chapter 4 – Assault, Resistance, and Disobedience

A. They include: (1) Direct Assault (2) Indirect Assault (3) Resistance and Disobedience and (4) Disobedience to Summons of Congress and Constitutional Commissions

B. Distinctions between:

Public Officer (PO) - any person who takes part in the performance of public functions in the government (Art. 203)

Person in Authority (PIA) - one who is directly vested with jurisdiction to execute or enforce the laws, whether as individual or as a member of some court or governmental corporation, board or commission.

Agent of Person in Authority (APIA) - one who, by direct provision of law, by election or by appointment by competent authority, is generally charged with the maintenance of peace and order and the protection and security of life and property.

Hence a public officer is not necessarily a PIA or APIA but the latter are always public officers.

Article 148. Direct Assault Acts punished

1. Without public uprising, by employing force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition.

(This is very rare. It is the second form which is commonly committed.)

Elements

1. Offender employs force or intimidation; 2. The aim of the offender is to attain any of the

purposes of the crime of rebellion or any of the objects of the crime of sedition;

3. There is no public uprising.

Note: It does not seem to require that the offended party is PIA or APIA.

2. Without public uprising, by attacking, by employing force or by seriously intimidating or by seriously resisting any person in authority or any of his agents, while engaged in the performance of official duties, or on occasion of such performance. Elements

1. Offender makes an attack, employs force, makes a serious intimidation, or makes a serious resistance;

2. The person assaulted is a person in authority or his agent;

3. At the time of the assault, the person in authority or his agent is engaged in the actual performance of official duties, or that he is assaulted by reason of the past performance of official duties;

4. Offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties.

5. There is no public uprising.

Attack Or Employment Of Force Or Serious Intimidation

This includes any offensive or antagonistic movement of any kind, with or without a weapon. This may be an actual physical contact or the instilling of fear or threat of an evil on the person of the victim, but not on his property.

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 Examples: boxing, pointing a gun, brandishing

a weapon, shouting and berating, challenging to a fight, throwing an article at him

 The degree of force required depends on whether the victim is a PIA or APIA. In case of a PIA actual force is not necessary

because mere laying of hands is sufficient, such as by pushing or shoving him or pulling at his collar. If he were an APIA, actual force is required because mere laying of hands would constitute simple resistance.  As to intimidation and resistance the

same must be serious and actual whether the victim is a PIA or APIA

otherwise the offense is resistance and disobedience under article 151. Example is pointing a gun

Force employed

Intimidation/ Resistance PIA need not be

serious

serious APIA Serious serious

Offended Party Must Be A Pia Or A Apia And Has Not Yet Been Separated From The Service

Thus the crime is committed even if at the time of commission the PIA/APIA is on leave, on vacation, or under suspension, but no when he has retired or was dismissed or removed.

The following are PIAs:

a). Any person directly vested with jurisdiction (he has the power to govern, execute the laws and administer justice) whether as an individual or as a member of some court or government corporation, board, or commission (Art. 152) b). Teachers, professors and persons charged with

the supervision of public or duly recognized private schools, colleges and universities. They must be within the school premises during school hours or are actually performing the tasks outside the school premises

c). Lawyers in the actual performance of their professional duties or on the occasion of such performance.

Note that teachers (under b) and lawyers (under c) are PIAs only for purposes of Direct Assault (A148) and Resistance and Disobedience (A151) but not for purposes of Indirect Assault (A149).

d). Under the Local Government Code (Sec 388): (a) the Punong Barangay, (b) Sanguniang

Barangay members and (c) members of the Lupong Tagapamayapa

e) others: see Art 152 The following are APIAS:

a. Those who, by direct provision of law, or by election or by appointment by competent authority, are charged with the 1) maintenance of public order and 2) the protection and security of life and property (AGENTS PROPER) (Art 152) such as:

(i). Law Enforcement Agents such as the PNP and the NBI irrespective of their rank (ii). Barangay Tanods, barangay leader

(iii).Municipal treasurer being the agent of the provincial treasurer; agents of the BIR (iv). The postmaster being the agent of the

Director of Posts

(v) Malacañang confidential agent (vi) barrio councilman

(vii) barrio policeman

But Members of the AFP are not included Other brgy officials 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 brgy member who comes to the aid of PIA

b. Any person who comes to the aid of PIAs who is under direct assault. (AGENTS BY ASSISTANCE)

Note that if a teacher or lawyer is the person who comes to the assistance of the PIA, then he is considered as an APIA.

Thus private persons may be victims but to a limited extent: (i). when they are considered by law as PIAs or APIAs such as teachers and lawyers (ii). and those who come to the aid of PIAs

Accused Must Know The Victim As PIA/APIA Which Fact Must Be Alleged In The Information

There must be a clear intent on the part of the accused to defy the authorities, to offend, injure or assault the victim as a PIA/APIA

Time Of The Assault PIA Or APIA Is Engaged In The Actual Performance Of Official Duties, Or That He Is Assaulted By Reason Of The Past Performance Of Official Duties

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a. If the assault is during the occasion of the

performance of official duties the motive of the accused is immaterial. As long as the victim was assaulted in his office or in the premises where he holds office, or even while on his way to office, it is not required that he was actually doing an act related to his duties. b. When assault is made by reason of the

performance of his duty there is no need for actual performance of his official duty when attacked

c. If not on the occasion then the motive is important as the assault must be because of the past performance of official duties by the victim. The length of time between the performance of the duty and the time of the assault is immaterial. If the motive cannot be established, there is no direct assault but some lesser offense.

d. Instances Not considered in the performance of Duties:

i. exceeds his power or acts without authority ii. descend to matters which are private in

nature

iii. agreement to fight

Rule When Material Injury Results

The crime of Direct Assault aims to punish lawlessness and defiance of authority and not the material injury which results from such defiance. When material injury however results, the following are the rules:

1. Where death, serious or less serious

In document crim_law (Page 143-146)