EXECUTIVE COMMITTEE:
EZEKIEL JOSHUA VILLENA overall chairperson, MINISTER MOISES DU chairperson for academics, DJOANIVIE JOMARE JUNASA chairperson for hotel operations, MARIE MICAELA STA. ANA vice-chairperson for operations, MIKHAIL MAVERICK TUMACDER chairperson for secretariat, JACKIE LOU LAMUG chairperson for finance, DIANA JEAN TUAZON vice-chairperson for edp, JASSEN RALPH LEE vice-vice-chairperson for logistics
SUBJECT COMMITTEE:
JO ANN MARIE O. CASIO subject chair, VENICE BUAGÑIN assistant subject chair, STEVEN MICHAEL D. GALA edp, MARIONNE ROSABELL LACUNA book one, MARIS DONNA KWOK book two, MA. KATRINA RIVERA special penal laws MEMBERS:
Karell Marie G. Lascano, Katrina Jorelle P. Villena, Clare Marie F. Ortega, Hera Aiza Marie A. Barona, Nicole Alora G. Julian , Rozzalle Gonzales, Sheena Antlan, Diana Jean De Castro, Beatrice Valerie S. Guillermo, Raynan Larosa, Kamille Deanne Lagasca, Jose Angelo David
TITLE ONE:
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
Section One: Treason and Espionage ARTICLE 114
TREASON
Treason – a breach of allegiance to a government, committed by a person who owes allegiance to it.
Allegiance – the obligation of fidelity and obedience which the individual owes to the government under which he lives or to his sovereign, in return for the protection he receives. Hence an alien residing in the Philippines may be prosecuted for acts of treason due to the temporary allegiance he owes to the Philippine government.
Elements of treason:
1. That the offender owes allegiance to the Government of the Philippines; (a Filipino citizen or an alien residing in the Philippines.)
Place of commission:
Filipino Citizen: anywhere (Art.2, RPC)
Alien: only in the Philippines (EO 44) except in case of conspiracy An alien owes permanent allegiance to his own country, at the same time, a temporary allegiance to the country where he resides.
2. That there is a war in which the Philippines is involved;
Treason is a war crime. It remains dormant until the emergency arises. But as soon as war starts, it is put into
effect (Laurel vs. Misa, 77 Phil 865 [1946])
3. That the offender either (modes of committing):
a. Levies war against the government; or
b. Adheres to the enemies, giving them aid or comfort.
Ways of being committed: 1. Levying war
It means that (a) there is an actual assembling of men (b) for the purpose of executing a treasonable design by force.
It is not necessary that there be a formal declaration of the existence of a state of war. Actual hostilities may determine the date of the commencement of war (U.S. vs Lagnason, 3 Phil 495)
The levying of war must be with intent to overthrow the government not merely to resist a particular statute or to repel a particular officer. It is not necessary that those attempting to overthrow the government by force of arms should have the apparent power to succeed in their design, in whole or in part.
Treason by Levying
War Rebellion
The purpose of levying war is to help the enemy.
Such purpose is not necessary. (e.g. civil uprising)
Treason Sedition
Philippines must be at war with another country Internal conflict Violation of oath of allegiance Causing disturbances in one’s country Adherence to the enemies, giving them aid and comfort
Requires BOTH
1. adherence to the enemies, and 2. giving of aid or comfort to them
Note: Mere adherence without its physical manifestation through the giving of aid or
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comfort is not sufficient to constitute treason. Both adherence and the giving of aid or comfort to the enemy must concur. The term “enemy” applies only to the
subjects of a foreign power in a state of hostility with the traitor’s country. It does not embrace rebels in insurrection against their own country, for in that case the crime would be rebellion.
The act committed need not actually strengthen the enemy or be successful. However, the act must be such that it directly and materially tends to improve the conduct of war of the enemy.
“Adherence to enemy”
It means that there is an intent to betray. The accused intellectually or emotionally favors the enemy and harbors sympathies or convictions disloyal to his country’s policy or interest. “Rendering aid or comfort”
It means an act which strengthens or tends to strengthen the enemy in the conduct of war against the traitor’s country or any act which weakens or tends to weaken the power of the traitor’s country to resist or to attack the enemy.
Extent of aid or comfort - it must be a deed or physical activity and not merely a mental operation
Giving information to (People vs. Paar, 86 Phil. 864), or commandeering foodstuffs (People vs. Mangahas, 93 Phil 113) for the enemy is evidence of both adherence and aid or comfort.
Being a Makapili constitutes an overt act of psychological comfort. It was no different from that of enlisting in the invader's army (People vs. Adriano, 78 Phil 563
Adherence may be proved: 1. By one witness;
2. From the nature of the act itself; or
3. From the circumstances surrounding the act.
Ways of proving Treason (overt act): 1. Testimony of two witnesses, at least, to
the same overt act (two-witness rule); or The testimonies must refer to the
same act, place and moment of time. If the overt act is separable, two
witnesses must also testify to each part of the overt act.
It is sufficient that the witnesses are uniform in their testimony on the overt
act. It is not necessary that there be corroboration between them.
2. Confession of guilt by the accused in open court.
Treason absorbs crimes committed in furtherance thereof. Treason cannot be complexed with other crimes.
Treason is a CONTINUOUS OFFENSE. All overt acts of treason that the accused has committed constitute a single offense. Defenses:
Allowed: Duress and fear of immediate death; Obedience to a de facto government (Mere acceptance of public office and discharge of official duties under the enemy do not constitute per se the felony of treason. BUT when the position is policy-determining, the acceptance of public office and the discharge of official duties constitute treason.)
NOT allowed: Suspended allegiance (since sovereignty is not suspended in times of war, only the exercise thereof); Change in sovereignty; Loss of citizenship.
There is no treason thru negligence. The overt act of giving aid or comfort to the enemy must be intentional.
Circumstances inherent in treason: treachery, abuse of superior strength and evident premeditation
Circumstances aggravating in treason: ignominy, cruelty, amount or degree of aid, gravity of separate distinct acts of treason
ARTICLE 115
CONSPIRACY & PROPOSAL TO COMMIT TREASON
Conspiracy to commit treason – committed when in time of war, two or more persons come to an agreement to levy war against the Government or to adhere to the enemies and to give them aid or comfort, and decide to commit it (Arts. 8 and 114)
Proposal to commit treason – committed when in time of war a person has decided to levy war against the Government or to adhere to the enemies and to give them aid or comfort, proposes its execution to some other person or persons (Arts. 8 and 114)
As a general rule, conspiracy and proposal to commit a felony is not punishable (Article 8), Art 115 is an exception as it
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specifically penalizes conspiracy andproposal to commit treason.
The two-witness rule does NOT apply because this is a separate and distinct offense.
These felonies are absorbed if treason is actually committed.
ARTICLE 116 MISPRISION OF TREASON Elements:
1. That the offender is a citizen of the Philippines;
2. That he has knowledge of any conspiracy against the Government;
3. That the conspiracy is one to commit treason;
4. That he conceals or does not disclose and make known the same as soon as possible to the proper authority.
Art. 116 does NOT apply when treason is already committed and the accused does not report its commission.
Art 116 is an EXCEPTION to the rule that mere silence does not make a person criminally liable.
The phrase “shall be punished as an accessory to the crime of treason,” mentioned in the provision, does not mean that the offender is, legally speaking, an accessory to the crime of treason because he is already a principal in the crime of misprision of treason. It simply means that the penalty imposed is that of an accessory to the crime of treason.
ARTICLE 117 ESPIONAGE
Espionage – the offense of 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 Republic of the Philippines or to the advantage of a foreign nation.
Two ways of committing:
1. By entering, without authority, a warship, fort, or military or naval establishment or reservation to obtain any information, plan or other data of confidential nature relative to the defense of the Philippines
Elements:
a. That the offender enters any of the places mentioned therein;
b. That he has no authority therefor; c. That his purpose is to obtain
information, plans, photographs or
other data of a confidential nature relative to the defense of the Philippines.
Offender must have the intention to obtain information relative to the defense of the Philippines. However, it is not necessary that the information is actually obtained.
2. By disclosing to the representative of a foreign nation the contents of the articles, data or information referred to in the preceding paragraph, which he had in his possession by reason of the public office he holds.
Elements:
a. That the offender is a public officer; b. That he has in his possession the
articles, data or information referred to in par. 1 of Art. 117, by reason of the public office he holds;
c. That he discloses their contents to a representative of a foreign nation.
COMMONWEALTH ACT NO. 616 An Act to Punish Espionage and Other Offenses Against National
Security Acts Penalized
1. Unlawfully obtaining or permitting to be obtained information affecting national defense
Ways of Violating Sec. 1:
a. By going upon, entering, flying over or otherwise obtaining information concerning any vessel, aircraft, work of defense or other place connected with the national defense or any other place where any vessels, aircrafts, arms, munitions or other materials for use in time of war are being made, or stored, for the purpose of obtaining information respecting national defense, with intent to use it to the injury of the Philippines or to the advantage of any foreign nation. b. By copying, taking, making or
patenting or inducing or aiding another to copy, take, make or obtain any sketch, photograph, photographic negative, blueprint, plan, map instrument, appliance, document, writing or note of anything connected with the national defense, for the same purpose and with like intent as in par. A.
c. By receiving or obtaining or agreeing or attempting or inducing or aiding
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another to receive or obtain from any sources any of those data mentioned in par. B, code book or signal book, knowing that it will be obtained or disposed by any person contrary to the provisions of this act.
d. By communicating or transmitting, or attempting to communicate or transmit to any person not entitled to receive it, by willfully retaining and failing to deliver it on demand to any officer or employee entitled to receive it, the offender being in possession of, having access to, control over, or being entrusted with any of the data mentioned in par. B, or code book or signal book.
e. By permitting, through gross negligence, to be removed from its proper place or custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted or destroyed any of the data mentioned in par B, code book or signal book, the offender being entrusted with or having lawful possession or control of the same.
2. Unlawfully disclosing information affecting national defense
Ways of violating Sec. 2:
a. By communicating, delivering or transmitting or attempting or aiding or inducing another to do it, to any foreign government or any faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the Philippines, or to any representative, officer, employee, subject or citizen thereof, any of the data mentioned in par. B of Sec. 1 hereof, code book or signal book. b. In time of war, by collecting, recording,
publishing or communicating or attempting to elicit any information with respect to the movement, number, description, condition, or disposition of any of the armed forces, ships, aircraft, or war materials of the Philippines, or with respect to the plans or conduct of any military, naval or air operations or with respect to any works or measures undertaken for the fortification or defense of any place, or any other information relating to the public defense, which might be useful to the enemy.
3. Disloyal acts or words in time of peace Ways of violating Sec. 3:
a. By advising, counseling, urging or in any other manner by causing
insubordination, disloyalty, mutiny or refusal of duty of any member of the military, naval or air forces of the Philippines.
b. By distributing any written or printed matter which advises, counsels, or urges such insubordination, disloyalty, mutiny, or refusal of duty.
4. Disloyal acts or words in time of war Ways of violating Sec. 4:
a. By willfully making or conveying false reports or false statements with intent to interfere with the operations or success of the Armed Forces of the Philippines.
b. To promote the success of its enemies, by willfully causing or attempting to cause insubordination, disloyalty, mutiny or refusal of duty in the Armed Forces of the Philippines. c. By willfully obstructing the recruiting or
enlistment service.
5. Conspiracy to commit the preceding acts
Requisites:
a. Two or more persons conspire to violate the provisions of Sec. 1, 2, 3 or 4 of this Act;
b. One or more of such persons do any act to effect the object of the conspiracy.
6. Harboring or concealing violators of the Act
Requisites:
a. The offender knows that a person has committed or is about to commit an offense under this Act;
b. The offender harbors or conceals such person.
7. Making any photograph, sketch, picture, drawing, map or graphical representation of vital military, naval and air installations or equipment as defined by the Philippine President as requiring protection against the general dissemination of information relative thereto UNLESS he obtains the permission of the commanding officer (or higher authority).of post, camp or station concerned and promptly submits the product obtained to the same commanding officer (or higher authority).
8. Using or permitting or procuring the use of an aircraft for the same purpose of violating #7.
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away of uncensored copies of thosementioned under #7 without the permission of the commanding officer (or higher authority.
10. Destroying or injuring or attempting to injure or destroy war material (when the country is at war) or national defense material, premises or utilities (even if the country is not at war).
11. Making or causing to be made in a defective manner, or attempting to make or cause to be made in a defective manner, war material (when the country is at war) or national defense material (even if the country is not at war).
Espionage Treason
Both are crimes not conditioned by the citizenship of the offender.
May be committed both in time of peace and in time of war.
Is committed only in time of war.
May be committed in many ways.
Is limited to two ways of committing the crime: levying war, and adhering to the enemy giving them aid or comfort
SECTION TWO: PROVOKING WAR AND DISLOYALTY IN CASE OF WAR
ARTICLE 118
INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS Elements:
1. That the offender performs unlawful or unauthorized acts;
2. That such acts provoke or give occasion for
a. A war involving or liable to involve the Philippines or
b. Expose Filipino citizens to reprisals on their persons and property.
Intention of the accused is immaterial. This is committed in time of peace.
Penalty is higher when the offender is a public officer or employee.
Reprisal- is an act of self-help on the part of the injured state, responding after an unsatisfied demand to an act contrary to international law on the part of the offending state (Naulilaa Incident Arbitration, Portuguese-German Arbitral Tribunal, 1928)
ARTICLE 119
VIOLATION OF NEUTRALITY Elements:
1. That there is a war in which the Philippines is not involved;
2. That there is a regulation issued by a competent authority for the purpose of enforcing neutrality;
3. That the offender violates such regulation.
Neutrality – the condition of a nation that in time of war takes no part in the dispute but continues peaceful dealings with the belligerents
There must be a regulation issued by competent authority (President or the Chief of Staff of the AFP) for the enforcement of neutrality.
ARTICLE 120
CORRESPONDENCE WITH HOSTILE COUNTRY Elements:
1. That it is made in time of war in which the Philippines is involved;
2. That the offender makes correspondence with the:
a. Enemy country or
b. Territory occupied by the enemy troops;
3. That the correspondence is either: a. Prohibited by the Government; or b. Carried on in ciphers or conventional
signs; or
c. If notice or information be given thereby which might be useful to the enemy.
Correspondence – communication by means of letters; or it may refer to the letters which pass between those who have friendly or business relations.
Even if the correspondence contains innocent matters, if the correspondence has been prohibited by the government, it is punishable because of the possibility that some information useful to the enemy might be revealed unwittingly.
Prohibition by the Government is NOT essential when the correspondence is carried on in ciphers or useful to the enemy.
Circumstances qualifying the offense The following must concur:
1. That the notice or information might be useful to the enemy;
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2. That the offender intended to aid the enemy.
ARTICLE 121
FLIGHT TO ENEMY’S COUNTRY Elements:
1. That there is a war in which the Philippines is involved;
2. That the offender owes allegiance to the Government;
3. That the offender attempts to flee or go to the enemy country;
4. That going to the enemy country is prohibited by the competent authority. An alien resident may be guilty of flight to
enemy country, because an alien owes allegiance to the Philippine government albeit temporary.
Mere attempt to flee or go to enemy country consummates the crime.
SECTION THREE: PIRACY AND MUTINY ON THE HIGH SEAS
ARTICLE 122
PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS
Piracy – it is 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.
Two ways or modes of committing piracy: 1. By attacking or seizing a vessel on the
high seas or in Philippine waters;
2. By seizing in the vessel while on the high seas or in Philippine waters the whole or part of its cargo, its equipment or personal belongings of its complement or passengers.
Elements of piracy:
1. That a vessel is on the high seas or on Philippine waters;
2. That the offenders are NOT members of its complement or passengers of the vessel; 3. That the offenders:
a. Attack or seize the vessel; or
b. Seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its complement or passengers.
High seas – waters which are beyond the boundaries of the low-water mark, although such waters may be in the jurisdictional limits of a foreign government; parts of the sea that are not included in the exclusive economic
zone, in the territorial seas, or in the internal waters of a state, or in the archipelagic waters of an archipelagic state (United Nations Convention on the Law of the Sea).
Philippine waters – shall refer to all bodies of water, such as but not limited to seas, gulfs, bays, around, between and connecting each of the islands of the Philippine Archipelago, irrespective of its depth, breadth, length or dimension, and all waters belonging to the Philippines by historic or legal title, including territorial sea, the sea-bed, the insular shelves, and other submarine areas over which the Philippines has sovereignty and jurisdiction (Sec. 2, P.D. 532).
Piracy is a crime not against any particular state but against all mankind. It may be punished in the competent tribunal of any country where the offender may be found or into which he may be carried.
Mutiny – the unlawful resistance to a superior, or the raising of commotions and disturbances on board a ship against the authority of its commander.
Piracy under RPC Mutiny
Place of commission: Either in Philippine waters or on the high seas
The persons who attack a vessel or seize its cargo are strangers to the vessels.
Mutiny is committed by members of the crew or passengers.
Intent to gain is essential.
The offenders may only intend to ignore the ship’s officers or they may be prompted by a desire to commit plunder. PRESIDENTIAL DECREE NO. 532
Anti-Piracy and Anti-Highway Robbery Law of 1974
Vessel – any vessel or watercraft used for (a) transport of passengers and cargo or (b) for fishing.
Piracy under RPC Piracy under PD 532
Punishes piracy committed either in Philippine waters or on the high seas.
Punishes piracy committed in Philippine waters only.
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Piracy under RPC Piracy under PD 532
Offenders: Non-passengers or non-members of the crew, in short, strangers to the vessel.
Offenders: any person (may be a passenger, crew or a stranger).
Aiding or Abetting of Piracy
Any person who shall knowingly aid or abet piracy will be considered as an accomplice in the commission of piracy and punished according to the rules under the RPC.
Requisites:
1. Knowingly aids or protects pirates;
2. Acquires or receives property taken by such pirates, or in any manner derives any benefit therefrom;
3. Directly or indirectly abets the commission of piracy.
ARTICLE 123 QUALIFIED PIRACY Qualifying Circumstances:
1. Whenever the offenders have seized the vessel by boarding or firing upon the same;
2. Whenever the pirates have abandoned their victims without means of saving themselves;
3. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape.
The “crimes” mentioned in the article which are qualified are piracy and mutiny on the high seas.
Qualified piracy is a SPECIAL COMPLEX CRIME punishable by reclusión perpetua to death, regardless of the number of victims. Offenders are not liable for the
separate crimes of murder, homicide, physical injuries, or rape.
Qualified Mutiny: When the second or the third circumstance accompanies the crime of mutiny mentioned under Art. 122, mutiny is then qualified. First circumstance may not qualify the crime of mutiny.
REPUBLIC ACT NO. 6235 ANTI-HIJACKING LAW
Meaning of “aircraft is in flight” - from the moment all exterior doors are closed following embarkation until the same doors are again opened for disembarkation.
Acts Punished
1. Usurping or seizing control of an aircraft of Philippine registry while it is in flight; or compelling the pilots thereof to change its course or destination;
Note: When the aircraft is not in flight, the usurpation or seizure of the aircraft may amount to coercion or threat. When death results, the crime is homicide or murder, as the case may be.
2. Usurping or seizing control of an aircraft of foreign registry, while within Philippine territory, or compelling the pilots thereof to land in any part of Philippine territory;
Aggravating circumstances to acts punished under 1 and 2:
a. When the offender has fired upon the pilot, member of the crew, or passenger of the aircraft;
b. When the offender has exploded or attempted to explode any bomb or explosive to destroy the aircraft; c. Whenever the crime is accompanied
by murder, homicide, serious physical injuries or rape. (Thus, such common crimes are considered aggravating circumstances only; they are not separated from or complexed with the crime of hijacking)
3. Carrying or loading on board an aircraft operating as a public utility passenger aircraft in the Philippines flammable, corrosive, explosive or poisonous substances;
4. Loading, shipping, or transporting on board a cargo aircraft operating as a public utility in the Philippines, flammable, corrosive, or poisonous substance if not done in accordance with the rules and regulations of the Air Transportation Office.
Note: There is no attempted hijacking since it is punishable under a special law and attempted stage is not punishable under the said law.
TITLE TWO:
CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE
All offenses in this Title are required to be committed by public officers except offending the religious feelings.
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CHAPTER ONE: ARBITRARY DETENTION OR EXPULSION, VIOLATION OF
DWELLING, PROHIBITION, INTERRUPTION, AND DISSOLUTION OF
PEACEFUL MEETING AND CRIMES AGAINST RELIGIOUS WORSHIP (ARTS.
124-133)
SECTION ONE: ARBITRARY DETENTION AND EXPULSION
ARTICLE 124 ARBITRARY DETENTION Elements:
1. That the offender is a public officer or employee;
2. That he detains a person;
3. That the detention is without legal ground.
Detention – a person is detained when he is placed in confinement or there is restraint on his person.
Detention need not involve any physical restraint. Psychological restraint is sufficient. If the acts and actuations of the accused can produce such fear in the mind of the victim sufficient to paralyze the latter, to the extent that the victim is compelled to limit his own actions and movements in accordance with the wishes of the accused, then the victim is, for all intents and purposes, detained against his will (Astorga vs. People, G. R. No. 154130 Oct. 1, 2003).
Legal grounds for the detention of persons:
1. The commission of a crime
2. Violent insanity or other ailment requiring compulsory confinement of the patient in a hospital
Note: This is list is not exclusive so long as the ground is considered legal (e.g. in contempt of court, under quarantine, or a foreigner to be deported).
The public officer liable for arbitrary detention must be vested with authority to detain or order the detention of persons accused of a crime, but when they detain a person they have no legal grounds therefor.
If the detention is perpetrated by other public officers NOT vested with authority or any private individual, the crime committed is illegal detention (Art. 267 or 268).
The penalty for Arbitrary Detention
depends upon the period of detention involved. A greater penalty is imposed if the period is longer.
Arrest without a warrant is the usual cause of arbitrary detention. The crime of unlawful arrest is, however, absorbed in the crime of arbitrary detention.
Arrest without warrant – when LAWFUL: 1. When, in his presence, the person to be
arrested has committed, is actually committing, or is attempting to commit an offense;
“In his presence” – when the officer sees the offense being committed, although at a distance, or hears the disturbance created thereby and proceeds at once to the scene thereof, or when the offense is continuing or has not been consummated at the time the arrest is made, the offense is said to be committed in his presence. (U.S. vs. Samonte, 16 Phil 516 [1910]) 2. When an offense has in fact just been committed, and he has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed it;
3. When the person to be arrested is a prisoner, has escaped from a penal establishment, or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. (Sec. 5, Rule 113, Revised Rules of Criminal Procedure) It may be committed through
imprudence.
ARTICLE 125
DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER
JUDICIAL AUTHORITIES Elements:
1. That the offender is a public officer or employee;
2. That he has detained a person for some legal ground (Sec. 5, Rule 113, Rules of Court);
3. That he fails to deliver such person to the proper judicial authorities within:
a. 12 hrs. for offenses punishable by light penalties or their equivalent.
b. 18 hrs. for offenses punishable by correctional penalties or their equivalent.
c. 36 hrs. for offenses punishable by afflictive penalties or their equivalent.
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Circumstances considered in determiningliability of officer detaining a person beyond legal period:
1. The means of communication; 2. The hour of arrest; and
3. Other circumstances such as the time of surrender and the material possibility of the fiscal to make the investigation and file in time the necessary information.
Meaning of “proper judicial authorities” It refers to the courts of justice or judges of said courts vested with judicial power to order the temporary detention or confinement of a person charged with having committed a public offense.
Reason for Article 125
It is intended to prevent any abuse resulting from confining a person without informing him of his offense and without permitting him to go on bail.
A private individual who makes a lawful arrest must also comply with requirements under Art. 125. If he fails to comply, he is liable for the crime of ILLEGAL DETENTION under Art. 267 or 268. The illegality of the detention is not cured
by the filing of information in court.
Art. 125 applies only when the arrest is made without a warrant of arrest but lawful. It does NOT apply when the arrest is by virtue of a warrant of arrest, in which case he can be detained indefinitely. He must, however, be delivered without unnecessary delay to the nearest police station or jail.
Person arrested may request for a preliminary investigation but must sign a waiver of Art. 125.
“Delivery to proper authorities”
It means filing of an information against the person arrested with the corresponding court or judge. It does not mean “physical delivery”.
Art. 124 Art. 125
The detention is illegal from the beginning.
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 in Art. 125, without the person detained having been delivered to the proper judicial authority
ARTICLE 126 DELAYING RELEASE Three acts punished:
1. By delaying the performance of a judicial or executive order for the release of a prisoner;
2. By unduly delaying the service of the notice of such order to said prisoner; 3. By unduly delaying the proceedings upon
any petition for the liberation of such person.
Elements:
1. That the offender is a public officer or employee;
2. That 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. That the offender without good reason delays either:
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; or
c. The proceedings upon a petition for the release of such person.
Note: Most likely to be violated by wardens or jailers.
ARTICLE 127 EXPULSION Two acts punished:
1. By expelling a person from the Philippines; 2. By compelling a person to change his
residence. Elements:
1. That the offender is a public officer or employee;
2. That he expels any person from the Philippines, or compels a person to change his residence;
3. That the offender is not authorized to do so by law.
Exception: (no expulsion) in cases of ejectment, expropriation or when the penalty of destierro is imposed.
Only the President of the Philippines is authorized to deport aliens under the Revised Administrative Code.
Only the court by a final judgment can order a person to change residence
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SECTION TWO: VIOLATION OF DOMICILE ARTICLE 128
VIOLATION OF DOMICILE Acts Punished
1. By entering any dwelling against the will of the owner thereof;
2. By searching papers or other effects found therein without the previous consent of such owner;
3. By refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same.
Common elements:
1. That the offender is public officer or employee;
2. That he is not authorized by judicial order to enter the dwelling and/ or to make a search for papers and for other effects.
Qualifying circumstances: 1. If committed at nighttime;
2. If any papers or effects, not constituting evidence of a crime are not returned immediately after a search is made by the offender.
The offender must be a public officer or employee. If he is a private individual, the crime committed is TRESPASS TO DWELLING.
In the first mode, lack of consent would not suffice as the law requires that the offender’s entry must be over the owner’s objection.
In the second mode, mere lack of consent is sufficient.
In the third mode, what is punished is the refusal to leave, the entry having been made surreptitiously.
It is believed, however, that if the surreptitious entry had been made through an opening not intended for that purpose, the offender would be liable under the first mode since it is entry over the implied objection of the inhabitant.
Although the Code speaks of the owner of the premises, it would be sufficient if the inhabitant is the lawful occupant using the premises as his dwelling, although he is not the owner thereof.
“Against the will of owner”
It presupposes opposition or prohibition by the owner, WHETHER EXPRESS OR IMPLIED, and not merely the absence of consent.
ARTICLE 129
SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE
SERVICE OF THOSE LEGALLY OBTAINED
Acts Punished:
1. Procuring a search warrant without just cause
Elements:
a. That the offender is a public officer or employee;
b. That he procures a search warrant; c. That there is no just cause.
2. Exceeding his authority or by using unnecessary severity in executing a search warrant legally procured
Elements:
a. That the offender is a public officer or employee;
b. That he has legally procured a search warrant;
c. That he exceeds his authority or uses unnecessary severity in executing the same.
Search warrant – is an order in writing issued in the name of the People of the Philippines, signed by the judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court.
Requisite for the issuance of search warrant
A search warrant shall not issue except upon probable cause in connection with one specific offense to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the things to be seized which may be anywhere in the Philippines. (Sec. 4, Rule 126, Revised Rules of Criminal Procedure)
Test of lack of just cause
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 can be held liable for damages caused.
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false affidavit, the crime punished by thisarticle CANNOT be complexed but will be a separate crime from perjury since the penalty herein provided shall be IN ADDITION TO the penalty of perjury. A search warrant shall be valid for ten (10)
days from its date.
Instances when a warrantless search and seizure is valid
1. Consented searches;
2. As an incident to a lawful arrest;
3. Searches of vessels and aircraft for violation of immigration, customs, and drug laws;
4. Searches of moving vehicles;
5. Searches of automobiles at borders or constructive borders;
6. Where the prohibited articles are in "plain view";
7. Searches of buildings and premises to enforce fire, sanitary, and building regulations; and
8. "stop and frisk" operations. (People v. Lopez GR No. 181747 September 29, 2008)
Note: The officer, if refused admittance to the place of directed search after giving notice of his purpose and authority, may break open any outer or inner door or window of a house or any part of a house or anything therein to execute the warrant or liberate himself or any person lawfully aiding him when unlawfully detained therein. (Sec. 7, Rule 126, Rules of Court)
ARTICLE 130
SEARCHING DOMICILE WITHOUT WITNESSES
Elements:
1. That the offender is a public officer or employee;
2. That he searches the domicile, papers or other belongings of any person;
3. That he is armed with a warrant;
4. That the owner or any member of his family or two witnesses residing in the same locality are not present.
The papers or other belongings must be in the dwelling of their owner at the time the search is made.
Art. 130 does NOT apply to searches of vehicles or other means of transportation. Search without warrant under the Tariff
and Customs Code does not include a dwelling house.
SECTION THREE: PROHIBITION, INTERRUPTION, AND DISSOLUTION OF
PEACEFUL MEETINGS ARTICLE 131
PROHIBITION, INTERRUPTION, & DISSOLUTION OF PEACEFUL MEETINGS Acts Punished:
1. Prohibiting, interrupting or dissolving without legal ground the holding of a peaceful meeting;
2. Hindering any person from joining any lawful association or from attending any of its meetings;
3. 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.
Common elements:
1. That the offender is a public officer; 2. That he performs any of the acts
mentioned above
Right to conduct peaceful meeting is not absolute. It may be regulated by the police power of the state. However, there is a legal ground to prohibit when the danger is imminent and the evil to be prevented is a serious one.
The offender must be a stranger, and not a participant. If the offender is a participant, the crime committed is unjust vexation.
Interrupting and dissolving the meeting of municipal council by a public officer is a crime against a legislative body, not punished under Art. 131 but under. Art. 143 and 144.
If the offender is a private individual, the crime is disturbance of public order under Art. 153.
SECTION FOUR: CRIMES AGAINST RELIGIOUS WORSHIP
ARTICLE 132
INTERRUPTION OF RELIGIOUS WORSHIP Elements:
1. That the offender is a public officer or employee;
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.
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If the prohibition or disturbance is committed only in a meeting or rally of a sect, it would be punishable under Art.131.
ARTICLE 133
OFFENDING RELIGIOUS FEELINGS Elements:
1. That the acts complained of were performed:
a. In a place devoted to religious worship (not necessary that there is a religious worship); or
b. During the celebration of any religious ceremony;
2. That the acts must be notoriously offensive to the feelings of the faithful.
Religious ceremonies – are those religious acts performed outside of a church, such as procession and special prayers for burying dead person
“Acts notoriously offensive to the feelings of the faithful”
The acts must be directed against religious practice or dogma or ritual for the purpose of ridicule, as mocking or scoffing at or attempting to damage an object of religious veneration.
May be committed by a public officer or a private individual
Offense of feeling is judged from complainant’s point of view.
There must be deliberate intent to hurt the feelings of the faithful
TITLE THREE: CRIMES AGAINST PUBLIC ORDER
ARTICLE 134
REBELLION/ INSURRECTION Elements:
1. That there be:
a. Public uprising; and
b. Taking up of arms against the government.
2. For the purpose of:
a. Removing 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. Depriving the Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives.
If the act is to deprive the Judiciary of its powers or prerogatives, the crime committed is sedition.
Rebellion - more frequently used where the object of the movement is to completely overthrow and supersede the existing government. It is a crime of the masses, of the multitude. It is a vast movement of men and a complex network of intrigues and plots. Purpose of the uprising must be shown, without evidence to indicate the motive or purpose of the accused does not constitute rebellion. It may constitute other crimes like sedition or kidnapping.
Insurrection – more commonly employed 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 subjects.
Note: ACTUAL CLASH with the armed forces of the Government is NOT necessary to convict the accused who is in conspiracy with others actually taking arms against the government.
Rebellion Treason
As to purpose
1. To remove from the allegiance to said gov't or the laws the territory of the Phils. Or any body of land, naval or other armed forces; 2. To deprive the Chief Executive or Congress of any of their powers. Violation by a subject of his allegiance to his sovereign or to the supreme authority of the State.
Manner of commission
1. Public uprising, and 2. By taking arms
against the Gov't.
1. By levying war against the gov't; 2. By adhering to the
enemies of the Phils., giving them aid or comfort
Time of commission
May be committed both during times of peace and war
Committed during a time of war.
Proof needed for conviction
Proved by showing the purpose of the uprising; there must be proof beyond reasonable doubt
1. Testimony of 2 witnesses, at least to the same overt act; or
2. Confession of accused in open court
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Giving aid and comfort is not criminal inrebellion.
Persons acting as couriers or spies for rebels are guilty of rebellion.
Mere silence regarding the presence of rebels despite knowledge of a rebellion is not punishable.
Rebellion cannot be complexed with, but absorbs other crimes committed in furtherance of rebellious movement. There is no complex crime of rebellion with murder and other common crimes, whether such crimes are punishable under a special law or general law (RPC) provided that such crimes are committed in furtherance or in pursuance of the movement to overthrow the government. (Ponce Enrile v. Amin, G. R. No. 93335, September 13, 1990).
ARTICLE 134-A COUP D’ETAT Elements of coup d’etat:
1. That the offender is a person or persons belonging to military or police or holding any public office or employment;
2. That it is committed by means of a swift attack, accompanied by violence, intimidation, threat, strategy, or stealth; 3. That the attack is directed against duly
constituted authorities of the Republic of the Philippines or any military camp, or installation, or communication networks, public utilities or other facilities needed for the exercise and continued possession of power;
4. That the purpose of the attack is to seize or diminish state power.
The crime of coup d’etat may be committed with or without civilian participation.
State Power includes power of the President, Legislative and Judicial Power, including police power.
Under Section 3 of the Human Security Act of 2007 a person who commits an act punishable as coup d’ etat including acts committed by private persons, thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand shall be guilty of terrorism.
Rebellion Coup d‘etat
There must be a public uprising, more than one person is involved. May be committed by one person or a multitude. Offenders: No qualifica-tions.
Principal offender/s must belong to the military or police, or hold any public office or employment, with or without civilian support.
Purpose: To overthrow the government.
Purpose: To destabilize the government or diminish state power. Essence: Public
uprising and taking up of arms against the government.
Essence: Swift attack accompanied by violence, intimidation, threat, strategy or stealth directed against the government or any military camp or installation or communication
networks, public utilities or other facilities needed for the exercise and continued possession of power.
ARTICLE 135
PENALTY FOR REBELLION OR INSURRECTION OR COUP D’ETAT Persons liable for rebellion, insurrection and/or coup d’etat:
The leaders – Any person who
a. Promotes; b. Maintains; or
c. Heads a rebellion or insurrection; or
Any person who – a. Leads;
b. Directs; or
c. Commands others to undertake a coup d’etat;
The participants – Any person who
1. Participates; or
2. Executes the commands of others in rebellion, or insurrection;
Any person in the government service who
1. Participates; or
2. Executes directions or commands of others in undertaking a coup d’etat;
Any person not in the government service who
1. Participates; 2. Supports; 3. Finances; 4. Abets; or
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Who shall be deemed the leader of the rebellion, insurrection or coup d’etat in case he is unknown?
Any person who in fact: 1. Directed the others, 2. Spoke for them,
3. Signed receipts and other documents issued in their name, or
4. Performed similar acts, on behalf of the rebels.
Being a mere assistant to a principal, guilty of rebellion and punishable under the second paragraph of Art. 135 is a participant in the commission of Rebellion. (People v. Lava, 28 SCRA 72 [1969]) Political Crimes – in contrast to common 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.
Killing, robbing, etc., for private purposes or profit, without any political motivation, would be separately punished and would not be absorbed in the rebellion. (People vs. Geronimo, et al., 100 Phil 90 [1956])
ARTICLE 136
CONSPIRACY & PROPOSAL TO COMMIT REBELLION, INSURRECTION
OR COUP D’ ETAT
Two Crimes penalized under this article: 1. Conspiracy to commit rebellion, and 2. Proposal to commit rebellion.
Conspiracy to commit rebellion – when two or more persons come to an agreement to rise publicly and take arms against the
Government for any of the purposes of rebellion and decide to commit it
Proposal to commit rebellion – when the person who has decided to rise publicly and take arms against the Government for any of the purposes of rebellion proposes its execution to some other person or persons This is an instance where the law punishes
preparatory acts.
ARTICLE 137
DISLOYALTY OF PUBLIC OFFICERS/EMPLOYEES Acts Punished
1. Failing to resist a rebellion by all means in their power;
2. Continuing to discharge the duties of their office under the control of the rebels; 3. Accepting appointment to office under the
rebels.
The offender must be a public officer or employee.
The crime presupposes the existence of rebellion by other persons; the offender must not be in conspiracy with the rebels; otherwise, he himself will also be guilty of rebellion.
ARTICLE 138
INCITING TO REBELLION/ INSURRECTION Elements:
1. That the offender does not take up arms or is not in open hostility against the Government;
2. That he incites others to the execution of any of the acts of rebellion;
3. That the inciting is done by means of speeches, proclamations, writings,
emblems, banners or other
representations (SPWEBO) tending to the same end.
Proposal to Commit
Rebellion Inciting to Rebellion
In both crimes, the offender induces another to commit rebellion.
The person who proposes has decided to commit rebellion.
It is not required that the offender has decided to commit rebellion. The person who
proposes the execution of the crime uses secret means.
The act of inciting is done publicly.
Note: In both, the crime of rebellion should not be actually committed by the persons to whom it is proposed or who are incited. If they commit rebellion because of the proposal or inciting, the proponent or the one inciting may become a principal by inducement in the crime of rebellion.
ARTICLE 139 SEDITION Elements:
1. That the offenders rise: a. Publicly; and b. Tumultuously;
2. That they employ force, intimidation, or other means outside of legal methods; 3. That the offenders employ any of those
means to attain any of the following objects:
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a. To prevent the promulgation orexecution of any law or the holding of any popular election;
b. To prevent the government or any public officer 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;
e. To despoil, for any political or social end, any person or the government of all its property or any part thereof.
Tumultuous – if caused by more than three persons who are armed or provided with the means of violence
Sedition Rebellion
In both, there must be public uprising. It is sufficient that the
public uprising is tumultuous.
There must be taking up of arms against the Government.
The purpose of the offenders may be political or social.
The purpose is always political.
Not necessarily against the government
Always against the government
Public uprising and an object of sedition must concur.
In sedition, it is immaterial if the objective be completely attained.
Mere public uprising for any of the objective mentioned in Art. 139 is punishable.
Note: Common Crimes are NOT absorbed in the crime of sedition.
General Rule: Common Crimes are NOT absorbed in sedition.
Exception: However, sedition absorbs the use of unlicensed firearms as an element thereof, pursuant to RA 8294.
ARTICLE 140 PENALTY FOR SEDITION Persons liable:
1. The leader of the sedition;
2. Other persons participating in the sedition.
ARTICLE 141
CONSPIRACY TO COMMIT SEDITION Only Conspiracy to commit sedition is
punishable and not proposal to commit sedition.
There must be an agreement both to attain an object of sedition and to rise publicly and tumultuously.
ARTICLE 142 INCITING TO SEDITION Acts Punished:
1. Inciting others to commit sedition by means of speeches, proclamations, writings, emblems cartoons, banners, or other representations tending to the same end;
2. Uttering seditious words or speeches which tend to disturb the public peace; 3. Writing, publishing, or circulating scurrilous
libels against the Government or any of its duly constituted authorities.
4. Knowingly concealing such evil practices. Scurrilous – means vulgar, mean, foul Elements of act no. 1:
1. That the offender does not take direct part in the crime of sedition;
2. That he incites others to the accomplishment of any of the acts which constitute sedition;
3. That the inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end.
Acts nos. 2 & 3 punishable when:
1. They tend to disturb or obstruct any lawful officer in executing the functions of his office;
2. They tend to instigate others to cabal and meet together for unlawful purposes; 3. They suggest or incite rebellious
conspiracies or riots or
4. They lead or tend to stir up the people against the lawful authorities or disturb the peace of the community, and the safety and order of the Government.
Sedition Treason
In its more general sense, it is the raising of
commotions or
disturbances in the State.
In its more general sense, it is the violation by a subject of his allegiance to his sovereign.
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Rules relative to seditious words: Clear and present danger rule
It is required that there must be reasonable ground to believe that the danger apprehended is imminent and that the evil to be prevented is a serious one. There must be the probability of serious injury to the State.
Dangerous tendency rule
There is inciting to sedition when the words uttered or published could easily produce disaffection among the people and a state of feeling in them incompatible with a disposition to remain loyal to the Government and obedient to the laws. The dangerous tendency rule is generally adopted in the Philippines.
Reasons why seditious utterances are prohibited:
If the State were compelled to wait until the apprehended danger became certain, then its right to protect itself would come into being simultaneously with the overthrow of the Government, when there would be neither prosecuting officers nor courts for the enforcement of the law.
CHAPTER TWO: CRIMES AGAINST POPULAR REPRESENTATION
(ARTS. 143-145)
SECTION ONE: CRIMES AGAINST LEGISLATIVE BODIES AND SIMILAR
BODIES ARTICLE 143
ACTS TENDING TO PREVENT THE MEETING OF THE ASSEMBLY AND
SIMILAR BODIES Elements:
1. That there be a projected or actual meeting of the National Assembly 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. That the offender, who may be any person, prevents such meeting by force or fraud.
Force referred to here is one that produces an injury on the person of another, and fraud involves falsification. Thus, physical injuries and falsification will be complexed as a necessary means to commit this crime.
ARTICLE 144
DISTURBANCE OF PROCEEDINGS Elements:
1. That there be a meeting of Congress or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or any provincial board or city or municipal council or board; 2. That 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.
Complaint must be filed by a member of the legislative body.
Disturbance created by a participant in the meeting is not covered by Art. 144.
The same act may be made the basis for contempt since it is coercive in nature while the crime under this Article is punitive.
SECTION TWO: VIOLATION OF PARLIAMENTARY IMMUNITY
ARTICLE 145
VIOLATION OF PARLIAMENTARY IMMUNITY
Acts Punished
1. Using force, intimidation, threats, or frauds to prevent any member from
a. Attending the meetings of Congress or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or from
b. Expressing his opinions or c. Casting his vote.
Elements:
a. That the offender uses force, intimidation, threats or fraud;
b. That the purpose of the offender is to prevent any member of Congress from—
i. Attending the meetings of the Congress or any of its committees or constitutional commissions, etc.; or
ii. Expressing his opinions; or iii. Casting his vote.
The offender in Par. 1 may be any person.
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2. Arresting or searching any member whileCongress is in session, except in cases where such member has committed a crime punishable under the Code by a penalty higher than prision mayor.
Elements:
a. That the offender is a public officer or employee;
b. That he arrests or searches any member of Congress;
c. That the Congress, at the time of arrest or search, is in regular or special session;
d. That the member arrested or searched has not committed a crime punishable under the Code by a penalty higher than prision mayor.
Session - refers to the entire period from its initial convening until its final adjournment. Parliamentary immunity does not protect
members of Congress from responsibility before the legislative body itself.
The 1987 Constitution exempts member of Congress from arrest, while the Congress is in session, for all offenses punishable by a penalty less than prision mayor.
It is not necessary that the member is actually prevented from exercising any of his functions. It is sufficient that Congress is in session.
Note: Under Sec 11, Art VI of the 1987 Constitution “A senator or Member of the House of Representatives shall in all offenses punishable by not more than six years imprisonment, be privileged from arrest while Congress is in session.” While Art 145 of the RPC states penalty higher than prison mayor. To be consistent with the Constitution, the Constitution should prevail over Article 145, and the Constitution says “6 years”, not prision mayor.
CHAPTER THREE: ILLEGAL ASSEMBLIES AND ASSOCIATIONS (ARTS. 146-147)
ARTICLE 146 ILLEGAL ASSEMBLIES Forms of Illegal Assemblies:
1. Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the Code
Requisites:
a. That there is a meeting, gathering or group of persons, whether in a fixed place or moving;
b. That the meeting is attended by armed
persons;
c. That the purpose of the meeting is to commit any of the crimes punishable under the Code.
Not all the persons present at the meeting of the first form of illegal assembly must be armed. It is sufficient that at least 2 persons are armed.
If none of the persons present in the meeting are armed, there is no crime of Illegal Assembly.
2. Any meeting in which the audience, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition, or assault upon a person in authority
Requisites:
a. That there is a meeting, a gathering or group of persons, whether in a fixed place or moving;
b. That the audiences, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault. It is necessary that the audience is actually incited. If in the meeting the audience is incited to the commission of rebellion or sedition, the crimes committed are ILLEGAL ASSEMBLY as regards the organizers or leaders or persons merely present and INCITING TO REBELLION OR SEDITION insofar as the one inciting them is concerned.
Persons liable in illegal assemblies: 1. The organizers or leaders of the meeting; 2. Persons merely present at the meeting.
Presumptions:
If any person carries an unlicensed firearm, it is presumed that:
1. The purpose of the meeting insofar as he is concerned is to commit acts punishable under the RPC, and
2. He is considered a leader or organizer of the meeting.
The law does NOT distinguish whether or not the firearms are licensed or unlicensed. It only gives a presumption if the firearm used is unlicensed.
A person invited to give a speech in an illegal assembly or meeting and incites the members of such assembly is guilty of inciting to sedition