is one of the exceptions to the territoriality principle as expressly provided under article 2 of book 1.

we'll try to finish until title 3 crimes against public order

um

what we are doing is we are just mentioning what you already know and have read in advance uh
treason what is that there are two ways of committing it by levying war meaning actual joining the
enemy forces or adherence to them by giving aid or comfort regardless of the citizenship anyone can

violate this and that uh two witness rule which makes this a felony unique among all the others i think
this is only the only felony that you need the testimony of two witnesses who should testify on the same
overt acts in order that uh the amount of evidence as required by this article will be attained by the
prosecution if there is only one witness then that will not suffice if there are two witnesses but they
testified on different overt acts it will not be enough likewise but suppose you have the accused

giving out his confession in court and made intelligently well that will be um enough why is this
requirement of uh two witness rule in cases of threesome you just think about it if you are convicted of
threesome it will follow through your family your tribe so uh your children will likewise suffer the
consequences your name will be written in history books in the book of reyes he mentioned the giving
of during the time of the japanese occupation there were there is this [ __ ] who provided comfort
women to japanese soldiers and he was charged of tourism question is the act of giving comfort women
to the enemy troops will it constitute prison maybe yes because uh that is giving them aid or comfort
maybe you think that if they

do this activity to filipino they will feel emboldened and strengthened but the answer is no

that does not amount to uh adherence to the enemy by giving them aid or comfort it's a plain white
slavery or prostitution

now this article became important because of that before that there's likewise conspiracy or proposal to
commit treason it is punishable and you have also this unique provision mispression of treason
mispression it is the failure to report or to give out

to report to the authorities concerning a knowledge of any proposal of committee or conspiracy

to commit threesome so the purpose of this is to avert or to nip in the bud any uh app that will
constitute so it gives responsibility to filipino citizens to report at once when they acquire knowledge of
any proposal or conspiracy to commit teresa treason can be committed only in times of war and not in
times of peace so the question in the 2018 bar examination question number 13 if you have read that
talks about two filipinos who gathered some forces and somewhere in let's look at that question

someone from the class read if you are there question number 13 2018 bar questions

question number 13 ah this then i will read the brothers roberto and ricardo ratute filipino citizens led a
group of armed men in seizing a southern ireland in the philippines and declaring war against the duly
constituted government of the country the aflp led by its chief of staff general returban responded and
the full-scale war ensued between the afp and the armed men led by the brothers the armed conflict
raged for months for months how many months it did not the problem did not stay when the brothers
led armed men were running out of supplies ricardo uh also a filipino and a good friend and supporter of
the tute brothers was tasked to live for abroad in order to solicit arms and funding for the cash-strapped
brothers this will what make the problem interesting he was able to travel to rwanda and there he met
with ribolli a citizen and resident of rwanda who agreed to help the brothers by raising funds
internationally and to send them to the rattute brothers in order to aid them in their armed struggle
against the philippine government before ricarde and rivoli could complete their fundraising activities
for the brothers the aft was able to reclaim the island and defeat the rattute led uprising the calde and
rabouli were charged with conspiracy to commit treason during the hearing of the two cases the
government only presented as witnesses general ritorban who testified on the activities of the return
brothers

now question first can ricalde and ribouli be convicted of the crime of conspiracy to commit

theresa

assuming that you understood the problem at one reading if we just make the problem simple you have
two brothers with uh armed they they had some group with them and they declared war against the
philippine government but how did they declare war by what by uh occupying perhaps and then they
sought for funding from uh through their friend friend who sought a citizen of another country the
question is are they liable for conspiracy to commit reasons of course you know that the answer is no at
most they may be held liable for

rebellion if the elements are found in the problem there is public uprising removing any part of the
territory of the philippines
so the answer there should be no and then explain next will the testimony of general returban assuming
he can testify or not within his personal knowledge be sufficient to convict the pratute brothers and
ripouli assuming that threesome is uh the crime committed by them we know the two witness rule but
since uh it's not they cannot be had liable for such crime then it will be enough for a different time but
not for the reason

okay that's your uh reason and then we go to uh

can only be i i mentioned that already by filipino only and then you have espionage

do not be over acting by saying yes pioneers i don't know if somebody said that let's say espionage
under the revised penal code you have only two paragraphs there first one can be committed by any
person second paragraph by public officer but that is expanded because of commonwealth 616
espionage and other offenses against national security there are many if you have read this law so many
paragraphs that may be committed but what is common is the information should be relevant to not the
national defense of the country national defense not for any private corporation or company but it is
always related to the national defenses of the country then you have those uh

like old articles in the revised bianco like that inciting tour or giving motives violation of neutrality
correspondence with hostile country lied to enemies country where they say that mere attempt to fly
out constitutes the crime

just read them those are explanatory by yourself then piracy

piracy two sources the revised penal code as amended by rac 7659 then piracy under pd five three two

it's not the piracy that you walk by uh before like five years ago by the market or a long session note and
then you hear somebody say dvd dvd vcd and gun are the days now all soft copy by the internet not that
kind of piracy because those are will constitute violation of the what intellectual property code

now we go to the classic form of piracy i know you have watched that uh that movie what is that by tom
hanks captain phillips just like that classic example of uh piracy a vessel in the ocean attacked by pirates
piracy and mutiny in piracy the uh target is more of gain in mutiny it's control of the vessel and they say
that the piracy in the revised penal code applies to outsiders and in mutiny it applies to members of the
crew who will take control of the vessel and take it away from the ship captain that's in uh mutiny now
how about piracy under the revised penal code and pd532 one of the most uh distinguishing elements
there is in pd532 it is applicable only in philippine waters once philippine water when you open your
faucet that's water flowing out will that apply of course not any uh will it apply only to navigable water
and any body of water if you have checked pd532 like an inevitable river or internal waters between the
islands of the philippine archipelago so it is more specific pd532 but in the revised spinal cord the piracy
there it also punishes piracy committed in the high seas what is high seas high tide of course high seas in
international waters like in the open sea in the seven seas

so uh the revised piano code is uh more

wider if we can use that word or encompassing that's why uh it's under the law of nations

and likewise the offenders pd532 the offenders may be insiders meaning passengers members of the
crew

and in piracy again applies in the replacement code outsiders only and lastly about the vessel in pd532
the law mentions any watercraft which means any fishing boat but in the revised vehicle it refers to
those vessels the use of the word vessel

whenever i heard this word i hear this word vessel remember with christ in my vessel i can smile

yes

a fishing boat is it aggressive but anyway under pd532 it is uh very specific it includes any watercraft
fishing fishing boat will that include the boats at burnham lake i leave that for you to answer so if you
have a tourist for example on the first day that baguio opened up to reason no one showed up until
today who will come up to bug you no one we have so many cases now 1 500 more than increasing and
other provinces nearby we will not

come here so you have in case you have a tourist he hires a swan boat at burnham lake then he enjoys
himself he fell asleep because he cannot paddle he cannot go anywhere anyway just a paddle there
moving around and then you have a uh
the guide who went beside him took his wallet what crime is committed without the tourist consent the
wallet contains one peso

well that will be a plain and simple theft

not piracy okay so uh what are the uh qualifying circumstances of uh piracy you i know you've
memorized that like boarding and seizing upon the vessel what else

abandoning the victims without means of saving themselves

the commission of the crimes of murder homicide infliction of physical injuries or rape these are
qualifying circumstances like that old case of the case of people versus lulu where they took a foreign
vessel and while inside the base vessel they raped two of the british passengers and then before leaving
they made holes on the floor of the vessel definitely these circumstances made them liable for qualified
piracy one of their defenses when they were arrested in hulo was the

the acts that were alleged to have been committed by them were outside the philippines but we know
that piracy is a crime against the law of nations so it is abhorred by all countries whatever it may have
been committed as long as the place where the pirates were arrested that country can assume
jurisdiction and in the philippines we can prosecute the offenders now we go to the case of people
versus uh

let's go to the second round of your restoration

gonzales

bus okay not pos

okay

sir yes
sir in the case of people versus stulling the accused were

charged with the crime of piracy because on the evening of march on march 2 1991 the accused um
took over or boarded the empty tabangao with an aluminum ladder and the the accused were fully
armed uh entered ordered the vessel sir seven there were seven men and crew members of that vessel
how many uh sir there were um 21 crew members here yes after taking over where did they direct the
visit uh sir they directed the vessel to singapore sir yes but um it seems that they were waiting for
another cargo but then i another ship but it did not come so they came back to the philippines but then
they went back again to single parser and unloaded the cargo of empty tabang out to um another ship
uh navy pride sir and then after unloading all of the cargo they went back to the philippines to
batangasur and the crew members were released in three three batches after the last batch the uh the
pirates are the men who took over the ship empty tabangao instructed them that they should not report
the incident until two days after said incident sir what are the cargos we are talking about here
samantha uh they were barrels of kerosene various petroleum products valued at around 40 million sir
imagine 40 million and this is what year 1991 1991 sure is the buying uh power of pesos in that year if
we can

that's a huge amount of money so uh the victims were released in two batches now what happened
next uh sir um two days after the last batch was released they reported the crew member the chief
engineer reported the incident to the owner of the ship peanut shipping and the also the incident was
also reported to the nba sir yes

were arrested in batangas from an information that they were i know sir they were the accused were
out of the seven who uh arrested how many were arrested uh

that's why five were charged in this case including a

did you think about what was the ground of their arrest

um sir uh the ground foreign there was an information filed against them for piracy and or violation of
pd 532 or piracy in philippines was the case already filed before they are or were they arrested first and
then a case were filed against them sir um they were arrested first before the information was felt
correct so that was what you were thinking about what validated the arrest did you not think about that
class if the crime already transpired it was consummated a month before and then out of the
investigation of the nbi they found this accused located in different places in batangas and then they
were arrested did that not uh trigger your curiosity having mastered the criminal procedure or
constitutional rights but anyway that is a matter of which was not raised maybe uh because of the
pressure at that time imagine 40 million worth of cargo petroleum products of course definitely the nba
agents in charge of this case were on their feet

on their feet because they know that their packets will be filled thereafter maybe but they were
arrested and cases case was filed against them where is the case filed

continue um

where is my magic pen agustin johnson

he has not been appearing correct but his name appears in the list of students that's why so maybe

sir sir i haven't got to that part sir so i'm gonna pass

not been appearing including dictus

gaia restaurant

makina

test

yes so the case was the case of qualified piracy against the accused

was filed before the rtc

of

the national capital judicial region yes did it not again trigger your curiosity why is it filed in manila it
should have been found somewhere in batangas or nearby provinces but it was not mentioned anyway
but those should be your thoughts because you know the rules and when you read the case your
curiosity likewise should be

reactive anyway the case was filed correct what's the defense of the accused the four let's go the tackle
first to the defenses of tulin and his companions except

um they and voxer um

the philippine courts has no jurisdiction over them over the crime committed really no that was not
defense the defense is denial and alibi they were saying that they were at some other place when they
uh on the particular dates that the allegations against them were being uh or they say that they were
there uh how about the defense of uh home the defense of home was that um

that that he was not within the philippines philippine territory when um the uh he was the one who
directed the uh in singapore he was the one directing the other abuse in um discharging or another was
saying that he was obeying his superior officers in parties representing a good faith like he was just he
did not know that those products were stolen but the supreme court said that he could have known
being an educated mariner he did not even present any single bill of receipt or any document to show
that being an educated mariner that the cargo they were disposing or transferring should have been at
least documented and likewise uh the supreme court observed confirming the observations of trial for
that with those uh lengthy uh work they did not even ask for permission from their family members and
uh that and uh likewise how about the argument that he was informed of be of direct participation
while in fact he was convicted as an accomplice about that argument uh

violin um it punishes likewise uh aiding or a betting and what about their penalty it's like accomplished
as mentioned under article 52 of the code take note that npd532 the penalty the penalties there are the
same as that provided in the revised penal code so the suppleatory aptly occasion so the question now
is were they able to recover the that 40 million worth of cargo and 11 million worth of that vessel the
answer is it was not mentioned so we do not know anyway that is uh do you know who prosecuted this
case in the trial court wailing no sir what do you think it was prosecuted by our current chief justice

so he was able to present an array of number of witnesses and documents and this was according to
him one of the most difficult and interesting cases that he prosecuted when he was appointed as a
prosecutor after that he became a justice of the san diego and then became now the justice of the
supreme court and the chief justice oh and according to him also the judge during the hearing of this
case was this strictest in metro manila and when he being from the ilocos region in manila was assigned
there all the prosecutors in manila were celebrating because they're saying you went to the
most strict to the son of the most strict judge in manila anyway these are these are stories not
mentioned in the face now let's go to uh our a6235 okay uh hijacking the penalties under this law are
not those provided in the revised penal code um for particular acts being punished here that is if the
accused takes control of a philippine registered aircraft while it is in flight now when is an aircraft said to
be in flight the moment that all of its close doors are closed following embarkation and open following
this embarkation so if that is a philippine registered aircraft and it was taken over by any person
meaning by taking control of that aircraft and then changing its route suppose it is uh destined to be uh

to be in cebu but the accused took over and then directed it to land in bontok mountain province that is
already hijacking the changing of the road of the aircraft how about foreign registered aircraft if that is
forced to land in the philippine territory that is as far as foreign registered aircrafts are concerned and
you also have the third one that is a passenger aircraft operating as a public utility in the philippines
when you

enter or bring in any form of flammable explosive the same manner as cargo aircraft suppose the uh
hijacker in the course of the crime of hijacking killed the pilot will a separate case be filed no those are
qualifying circumstances like what firing range of murder homicide rape it will serve to qualify the
penalty from any period from 15 years until death

specifically 15 years the law provides until death okay let's go to our a uh 9372 was enacted in 2007

the human security act

the penalties here are uh

very unique 40 years of imprisonment especially for those convicted of terrorism when what constitutes
terrorism you go into the law and then read those 12 specific crimes ranging from

piracy and all that 12 specific including kidnapping and purpose is to or the effect is to so widespread
fear among the populace and the purpose is to coerce the government to give in to their demands so
those are the essential elements of the crime of terrorism but what is the drawback of this law you
know those of uh i think you you know this for every uh every day of a seizure of the property of a
suspect that will be 500 000 take note every day and if acquitted 500 000 also for every day of detention
imagine so if you want to become a millionaire
you know what to do and likewise this validates the uh detention without even uh warrant of arrest or
warrant this arrests as long as directed in writing by the uh anti-terrorism council and the limit is three
days for those without warrant of arrest it can exceed um beyond three days as long as with the
authority of that officer authorized under the lotta governor or the judge that is during actual attack but
who we believe that during actual attack of terrorism the you will still go to get there to what for the
austerity of the governor or the judge during actual terrorism

there is an attack to the constitutionality of this law in the case of the southern hemisphere southern
hemisphere versus the anti-terrorism council october 5 2010 this petition was joined by five other
petitioners um and if you have read this case most uh of those who join in questioning the
constitutionality of this law are from the leftist groups but the supreme court said that they easily
disposed it there is no actual justiciable controversy there is neither an actual charge nor a credible
threat of prosecution on the part of the british petitioners they have no legal standing and sanctuary
against the respondent the anti-terrorism council is not the proper remedy i am looking for any case
that uh if there are any accused charge of anti-terrorism reason have you known

if you do then share to the class because i have never heard as of yet any actual case of terrorism filed
against any person let's move on to title two

crimes against the fundamental laws of the state the fundamental laws of the state

the articles under this title describe the offender as a public officer aside from accept article where is
that relating to article 133 offending religious feelings from articles one two four two one three two the
offenders there are public officers and why is it against the fundamental laws of the state because the
acts described here in would violate the fundamental rights of a person like against warrantless arrests
illegal warrantless ares or illegal uh warrantless searches that's why the separate title okay

article one two four okay the uh what is that arbitrary detention the arrest is without legal ground and
the arrest is uh suppose the rs is made by a private person then the crime of

illegal detention if a private person but if the purpose of a private person in arresting somebody is to
surrender him to the authorities however there is no legal ground then that is unlawful arrest
committed also by a private person okay so if the offender is a public officer or that in charge of making
arrests and he arrested another person without legal ground that is arbitrary the tension

but if uh that is there's clearly evidence showing that he's not exercising his right but although he's a
public officer but he detains somebody else then that will make him liable for illegal detention and not
arbitrary detention because in illegal detention the penalty is heavier then you have article 125 delay in
the delivery of detained persons to the proper judicial authority what is the meaning of delivery here it
does not mean the actual delivery but the filing of the case against the that arrested person this article
applies only in cases of warrantless arrests because if a warrant of arrest is issued by a court and you
have an arresting officer who implements or executes that warrant of arrest this will never be by your
dayton you remember your criminal procedure accord issues a warrant the warrant officer must execute
it within 10 days from receipt and failing which he should make a report to the back to the judge within
10 days likewise now suppose in cases of warrantless arrest what are the grounds you know them also
in a criminal procedure but what is the responsibility of the police officer making the rest within the time
provided depending on the gravity of the felony a case must be filed the purpose is to prevent the or so
that the police the arresting officers will do their job so that within the time prescribed it will be easier
for that arrested person to post his bail in court although we know that in a criminal procedure and as
the dean has always been mentioning you can pause bail even if there is no case filed yet correct yes but
the problem is not many judges know this they will always say that will depend on the executive judge in
that place and uh since there is no case filed yet meaning there is no docket yet how can we post bail
but for the executive judges who are dedicated to their job they will allow even if there is no case filed
yet that's why that's the purpose of article one two one two five the responsibility of the arresting
officer in cases of warrantless arrest to complete their evidence and submit it to the prosecutor for the
resolution of the prosecutor so that within the time prescribed likewise a case will be filed right away in
court so what is the time

how many hours 12 18 36 hours 12 for light felony 18 for less grave and 36 for grave felony

suppose you have an accused arrested on a friday night

because he was arrested boxing his neighbor then uh it resulted to his neighbor having a hematoma on
his

until when will the master case be filed against him friday night case of slight physical injuries that is
aristo minor that is simply light felony

will you force the police officers to file the case within 12 hours from his arrest on friday night tell the
police officers and the prosecutor you should go to court well your 12 hours is already running you
should file it uh on saturday and of course you go to a court on saturday it is closed sunday it is likewise
closed monday holiday ports are closed tuesday super typhoon my goodness then no more chance for
the accused to be released so the moral lesson is do not commit any crime during friday nights or in the
weekends it will be very hard for you to post no matter how light it is even if it is punishable by fine only
if you convert that according to article 26 may be classified as a light felony less grave or grave
if the police officers delay or failed to file even including the prosecutor to file the case on time then this
is the liability article one two five and what is the remedy if you are a police officer you know this you
just make the accused sign a

it starts with letter w yes make him sign a waiver but of course if during that time the arrested person
the suspect they refer to him as suspect in the police level is being advised by a council already he will
never sign a waiver but the police officers will insist you sign this waiver otherwise we will file all the
gravest charges against you and then the suspect will consult about his lawyer

but now the person is already being advised by a lawyer why what is the effect of that waiver article 125
is wave then the uh supposedly inquest proceedings will be converted to regular preliminary
investigation that will now give more time for the pros the arching officers to complete the preparation
of documents then submit it to the prosecutor and then the prosecutor will now issue a subpoena to the
respondent for him to submit his counter affidavit during this time he will be still be beating

okay so those are the um actual scenario there and in this relation

that is attorney vincent balan if you know him he's also a uc graduate and in the meantime that while
he's applying for powell it's better for him to immerse himself into the legal world

anyway in this relation during this entire process you being a lawyer you have to uh this is a test for you
to advise your client then even if it is in conflict with what the police officers are saying the police
officers will even ask who is your lawyer attorney mario hello they are so emboldened this time because
they have the support of the president but it's their time during this season okay so uh

our ra7438 okay the right of the accused to communicate to his counsel at uh whatever means the
police officers cannot prohibit him from using cell phone communication should be open okay for family
members and likewise to his counsel

i advised one client that he should not sign a waiver because the crime being

being filed against him is only simple in prudence so there's no need for him to sign a waiver and then
the i think the police officer got irritated and then he called me then he told me can you will you be
responsible for us if we will be charged for violating article 125 well to my mind why should i be
responsible for you you should be responsible for your own actions
and they should do their job and file the case immediately so that the bail will be posted and that's what
happened immediately the next day bail was posted

the right to communicate for those persons arrested or undergoing custodial investigation so when a
person is under custodial investigation already his constitutional rights should be respected

you know that in political law when the questions are not general in character because they are already
in inculpatory in nature then the constitutional rights also begins such that he has the right to remain
silent not to make any responses for any inculpatory questions but if the questions are limited only to
his

to ordinary information like his age like that

address no question about it in cases of extra judicial confession there must always be a council and
even in the waving of the this uh right to council there must always be a concept that is absolute and no

no exception so in the case of tooling they said that they were subjected to e well they were under the
custody of the nba they were subjected to violence and all that's why their extrajudicial confession were
taken but even if the extrajudicial confession is disregarded the supreme court said that there is
sufficient amount of evidence to prove their guilt beyond reasonable doubt they were saying likewise
that they were not presented by a proper counsel but however they manifested that at the time that
they were represented by a council who appeared to be in delhi intelligent and who knows the rules on
evidence uh when they adopted that proceedings they were assisted by a bonafide member of the
philippine bar well i just mentioned that because it is in relation to what we are talking about now the
rights of the accused under custodial investigation and you know those article 2126 delaying release
expulsion valid forms of expulsion upon a deportation allowed by law or in cases of discharo that will be
limiting or restricting the movement of a convicted offender it is valid violation of domicile you know
that abuse

in the service of a search warrant vicious obtaining of a search warrant

article 130 searching without a witness

without witnesses so can the police officers make a search even if there's a search warrant and the
occupant is not there yes they can still as long as they can still do so as long as with

witnesses

article 131 prohibition interruption and dissolution of peaceful meetings it applies to public officers
article 132 interruption of religious worship

any act of disturbance by public officer to interrupt that religious worship but during this time they can
interrupt because they will say that you are not following the protocols on safety measures against kobe
against this pandemic so the those who implement the law at this time are very uh powerful they can
keep or they can maintain the peace and order just because of this pandemic and that is understandable
article 133 okay offending the religious feelings it applies to anyone not the public officers only and if
what are those acts as long as they will are considered as acts notoriously offensive to the feelings of the
faithful notoriously offensive to the feelings of the

faithful

let's proceed to title three after a

five minute break you can relieve yourself

hello where is everyone

yes sir okay

crimes against a public

order

yes christian can you read article 134

article 134 rebellion or insurrection how committed the crime of rebellion will insurrection is committed
by rising publicly and taking arms against the government for purpose of removing from the allegiance
to self-government or its laws the territory of the philippine islands or any part you know or any body of
land naval or after armed forces describing the ship executive legislature fully or partially of any of their
powers

okay kimaki yes sir yes read article 134-8 one three four

uh threesome

you're flexing again my goodness roxanne we are having a lesson okay don't just know that the supreme
court even released a uh a directive that during a video conservancy conferences in court those who
interrupt court proceedings may be held liable for direct and in their contempt roxanne stop exercising
you go back to your book and read article 134.8 yes sir okay

take note of the spelling of a coup data it's not uh k-u-d-e-t-a just like when i joined a spelling bee before
10 years ago and one of the uh competitors wrote the spelling of cudita because that's the word us k-u-
d-e

sir article 1-3-4-8

how committed the crime of kudita is a swift attack accompanied by violence intimidation threat
strategy or stealth directed against duly constituted authorities of the republic of the philippines or any
military camp or installation communications network public utilities or other facilities needed for the
exercise and continued possession of power singly or simultaneously carried out anywhere in the
philippines by any person or persons belonging to the military or police or holding any public office of
employment with or without civilian support or participation for the purpose of ceasing or diminishing
state powers

okay let's go to sedition article 139

manuel

please read article 139 article 139 submission how committed the crime of sedation is committed by
persons who rise publicly and tumultuously in order to attend attain by force intimidation or by other
means outside of legal methods any of the following objects one prevent the promulgation or execution
of any law or the holding of any popular election to to prevent the national government or any
provincial or municipal government or any public officer thereof from freely exercising its or his
functions or prevent the execution of any administrative order third to inflict any act of hate or revenge
upon the person or property of any public officer or employee for to commit for any political or social
and any act of hate or revenge against private persons or any social class and last to the spoil for any
political or social end any person municipality or province or the national government of all its
properties or any part thereof okay

those are when you just read them just like that it seems like they are similar similarly worded rebellion
or insurrection codita and sedition but how are they distinguished who are the offenders in rebellion the
offender is anyone but in kurita it should be headed by any member of the pnp the afp public officer
they are the main offenders but can private offenders uh private citizens commit codita yes if there is
conspiracy with those public officers that we mentioned be it pnp afp or any government employee in
sedition it may also be committed by anyone as to the number of offenders in rebellion there is that
requirement that there should be public uprising

but in uh pudita there is no such requirement it may even be committed single-handedly that's what
your classmate has read under sedition in the same manner there should be public uprising by persons
who rise publicly is there a distinction arise publicly and public uprising anyway uh that means that not a
handful of individuals only but it involves a group of individuals now as to the manner of commission
okay by in rebellion there should be taking up of arms against the government and when we say taking
up of arms not limited to bolos to sledgehammers to

it should be arms an armed movement but in uh what makes kudita this uh different from the others is
that requirement of swift swift attack by violence intimidation threat strategy meaning there is a pre-
coordinated action that once the commander gives a signal then all those who participate take up their
positions like that failed attempt during the time of trillian

gringo nasa some time when you were not yet born he attempted to take the uh malacanang but one
loyal general at the time fidel b ramos was very loyal to uh and he pre-empted that attempt of onassan
and his group from including in relay to take over the government because they cannot believe that a
housewife became the president

no wonder why during the presidential elections that followed fidel v ramos emerged as victorious he
defeated one of the most the brilliant chief justices that we had justice fernand who gave up his uh
position of chiefs as chief justice for the uh then presidency in 1992.
why did we go there okay the swift attack requirement um in sedition anything that will involve the
violence how about the purpose in rebellion it is to remove or deprive the government from performing
its functions cool data just like the same but it is specifically worded as to seize or diminish state powers
seize or diminish state powers now as to sedition it must be specific because what your class may tread
those five specific objects and purposes under article 1 3 9 like what the holding of election execution or
exercising of functions by any government employee by employment hate or revenge against any public
officers or employees or their properties under sedation the object may also be private persons by
inflicting hate or revenge upon their property like for example you have a group of a tribe who were
dispossessed of their uh the land that they occupied because you have a subdivision that uh entered it
and when they got fed up they threw stones with their number the property of the developer of that
subdivision that can be come sedition although the property destroyed belongs to private persons

or to that's why to despoil any property in the same with us that same purpose to inflict hate or revenge
okay about that group of trillanes are they liable for rebellion no because their purpose is not to remove
or deprive the government from its functions what did they do they just occupied that hotel and then
when they were when they installed perimeter soldiers at that time they just like what what did they do
also they just cried like babies correct they uh they reported the corruption in the government in the afp
that's it nothing else so no but uh they were subjected to what to court marsha and for what for not
following the chain of command in addressing their complaints

how about the firearms the firearm is used by these rebels or those

participants of this movement it will be absorbed and it will serve as an element as provided specifically
under r810 591 section 29 section 29.

how about uh common crimes the commission of common crimes during the actual commission of
rebellion or kudita may they be uh filed separately yes it will be filed separately but if those common
crimes were committed in furtherance of the acts of rebellion

then it will be complexed it will be complex like in the course of rebellion several properties were
destroyed all those destroyed properties it will be complex or if uh resulted to killing as long as it is in
furtherance but if not because uh the parties the rebel has a different motive in killing somebody or yes
then a separate case may be fine definitely rape committed by rebels or members of the it will not
further their costs correct can you imagine during the time of their occupation or their violence they
raped all the women in that area my goodness that is not imprisoned of their that will never champion
the hearts of uh the costs that they are fighting for

now having mentioned the ra 10591 we'll just mention ra9516

in the effective in 2008 what is that about explosives under section 3 illegal possession of explosives

and just an update we have this august 27 2020 i think this is a more on a constitutional question on the
legality of search and seizure the case of people versus school people versus school see you august 27
2020 this involves the uh mayor in the town of lagonoi of camarines upon the receipt that the
corporation was involved in illegal mining activities or that they went beyond the permit issue to them
they conducted an popular inspection take note the team was headed by a mayor accompanied by eight
police officers and two barangay chairmans in his municipality and in the course of their quote-unquote
ocular inspection they chanced upon an open stock room filled with explosives and upon further
investigation with those explosives it uh resulted to it yielded to 1 000 kilograms of exclusive explosives
and then upon further inquiry the corporation nor its officers were never issued a permit permit to
purchase explosives and of course the officers were charged with rf9516 because they do not have with
them any permit to stock explosives but they were quick to defend themselves by saying that the search
was illegal and indeed the supreme court said there is nothing in the law that gives authority to the
mayor to inspect mining activities by corporations it is only given to the mgb take note of that mdb is the
mining and geosciences bureau the regional director who is given authority to conduct ocular
inspections in relation to mining activities but as regards a quarrying worrying that's limited to sand and
gravel well it is related to the function of the mayor because that is provided by the local government
code so that is more on political question

next let's go to a violation of parliamentary immunity you know that if the congress is in its regular
special session no member of the congress must be should be arrested if the crime is alleged being
committed is punishable by prison correctional if more than that then he can be arrested like that
congressman he was charged with rape and then while the congress is in regular session he was
apposted by members of the pnp

very popular congressman but in a in the worst manner my goodness okay illegal assemblies and illegal
association article 146 and 147 okay in assembly by the word itself it is limited to gathering for unlawful
purpose it should be armed or to incite the civilian or those who participate in illegal association it is
limited to organization or creating an organization for criminal activities but these are i think outdated
provisions of the revised penal code

let's go to the more interesting articles the famous direct assault and indirect assault but before that we
have the first paragraph of article 148 that is uh referred to as rebellion by a few okay rebellion by it will
not amount to rebellion or sedition because of the limited number of offenders can you read that so
that
good afternoon yes johannes read article 148 okay sir uh one for eight direct assaults any person or
persons who without a public uprising shall employ force or intimidation for the attainment of any of the
purpose enumerated in defending the crimes of rebellion and sedition or shall attack employee
employee force or seriously intimidate or resist stop the first part that you read is that is referred to as
rebellion by a few why because of that requirement any person or persons okay so the manner is the
same and the purpose is that of uh just like uh rebellion or se what makes it uh punishable under article
148 is the limited number of offenders because there is no public uprising just like in that one old case
involving police officers they were tired of not receiving their salaries from the then the office of the
mayor before and to force him to give in to the release of their salaries they colored him and restricted
his movements in the mayor's office they were convicted of rebellion by a few so that is the first part of
article one for it now let's go to the second part continue so the second part any person or persons who
shall attack in employ for in play force or seriously

slow down take your time enjoy the moment of reading this will happen only once next time you will
recite the case yes sir shall attack employee force or seriously intimidate or resist any person in
authority or any of his agents who are engaged in the performance of official duties an allocation of such
performance shall suffer the penalty oppression correctional in its medium and maximum periods and a
fine not exceeding

the amended 1000 pesos when the assault is committed with a weapon or when the offender is a public
officer or employee or when the offender lays hands upon a person in authority those are the qualifying
circumstances continue okay sir if none of these circumstances be present the penalty of prison
correctional in this medium in its minimum and of fine not exceeding 500 pesos shall be imposed okay
so uh

why is this article included under crimes against public order if you uh you read the provisions the victim
is a person in authority or an agent of a person in authority and they will be attacked because of their
function if they were not serving as such they were not in that performance of their office then other
cases may be filed against them like the ordinary inflicting of injuries against your professors by not
giving the right answer and they will think that you did not learn anything that is injuries deep inside but
anyway if for example a a civilian inflicted injuries to a judge but the purpose is because of the
encroachment of their adjacent properties well that's not in the performance of the function of the
judge that will become physical injuries only but again i told you that why are these included in crimes
against public order because of the disrespect to the office or the authority that they hold okay so that's
the uh purpose now you have a person in author who are persons in authority by the way they are
closed with jurisdiction to execute the laws under article

you continue reading japan although your book is uh amended as you said uh read article 152
not updated with regards to penalty penalties so so article 152 persons in authority and agents of
persons in authority who shall be deemed as such in applying the provisions of the preceding and other
articles of this code any person directly invested with jurisdiction whether as an individual or as a
member of some court or government corporation board or commission shall be deemed a person in
authority a barangay captain and a barangay chairman shall also be deemed a person in authority okay

any person who by directly by the right provision of law definition of agents of a person in authority or
we'll just use apa and then continue so second paragraph any person who by direct provision of law or
the election of election or appointment by competent of authority is charged with the maintenance of
public order and that protection and security of life and property such as a barrio councilman bio
policeman and barangay leader and any person who comes to the aid of persons in authority shall be
deemed as an agent of person in authority finish it out in a answer in applying the provisions of article
148 and 151 of this called teachers professors and persons charged with the supervision of public or
duly recognized public schools college and universities and lawyers in the after performance of their
professional duties or on the occasion of such performance shall be deemed as persons in authority
okay so uh two kinds of victims and their articles 148 person in authority or the agent of a person in
authority you must distinguish because if the victim is a person in authority then the slightest
intimidation may make the crime happen because as to agents of a person in authority it must be
serious it must be serious in nature like you have ex talking to the barangay chairman during a
mediation proceeding under the cataract and then he lost his temper he pushed the barangay chairman
to leave the barangay hall okay that may make the crime direct assault but if you have ex who is about
to be arrested by a police officer after his knowledge after he was informed that he should be arrested
suddenly pushed the police officer aside in order to make his escape okay that will not make the crime
person a direct assault because the victim there is an agent of a person in authority so that draws the
line likewise what are the qualifying circumstances in case victim is a person in authority the laying of
hands will make it qualified direct assault

that is not

present

under if the victim is an agent of a person in authority and but suppose the assault is also with a weapon
that will serve as a qualifying circumstance or the offender himself is a public officer why because
instead of knowing or respecting that office he is occupying then he himself desecrated it by committing
the crime of the result himself so um

suppose the accused does not know that that person holds the office then this crime will not be
produced but however if there are circumstances that would show that he should have known the office
that the victim holds then the crime of direct assault is committed suppose in the course of the assault
to the public officer or to the person in authority or to the agent of the person in authority the victim
died like there are responding police officers to a a report of an ongoing crime then x instead of
surrendering or respecting the police officers opened fire to the responding police officers killing one of
them the crime will be direct assault with homicide direct assault with homicide but if that is in the
course of robbery okay that will be robbery with homicide no more charge of direct assault now um

suppose you have

oh yes let's go to indirect assault go let's go to article one four nine

carlos zipora sir yes article 149 in direct assault the penalty of prison correctional in its minimum and
medium periods and a fine attempt 7500 pesos shall be imposed upon any person who shall make use of
force or intimate intimidation upon any person coming to the aid of our authorities or their agent on
occasion of commission of any of the crimes defiled in an expressive art again okay there is this question
in the 2019 bar i will read to you 2019 bar regarding this article miss l the dean of a julie recognized
private school caught kay one of her students vandalizing one of the school's properties

miss l called the case attention and proceeded to scold him causing a crowd to gather around them
embarrassed with the situation kay attacked miss l by repeatedly punching her on the face just as k was
about to strike miss l again jay another student intervened k then turned his anger on jay and also hit
him repeatedly causing him physical injuries

question what crime or crimes did kay commit under the revised penal code for his acts against miss l
and jay so you are you have three persons here the dean who called the attention of the student as to
why he vandalized his school properties and then you have the accused who attacked the dean instead
because of that because of feeling embarrassed and when another student came to intervene that
student also attacked the one the other student who tried to intervene so the question is what crime

we want to know your opinion

yes what do you think is the crime committed let's make it simple as to the dim

you understood the example correct yes sir

okay i will i will repeat for you and for everyone you have the dean who uh caught the attention of uh
yes you'd use the word k a student for vandalizing

and uh because of the crowd gathering he inflicted injuries to zadin when another student tried to
intervene

kay attacked that student likewise causing him physical injuries the entire or in different parts of his
body so the question is what is the crime committed by kay

asked to the dean the crime committee is no question about it the crime committee is qualified direct
assault why because laying of hands to a person in authority there's no question that about the function
of the team in uh that is related to

the properties of the school and when she was attacked she was in the actual first four months of her
function and then uh there is this laying of hands as to the deen so the crime of qualified direct result
but how about the student who intervened and he himself was attacked

your answer is

indirect thought

indirect thought

do you agree dullness

yes

as to the student who intervened and that he himself was attacked what is your uh answer

sir um he
leiden yes sir yes

yes sir

let us uh see how uh the uh authors the different authors uh answered it they say that you have to

make a distinction if the victim in the

if the victim in the crime of direct assault is a person in authority and a civilian comes to his aid and that
civilian was likewise attacked then the crime produces two counts of direct

assault

but if the victim in the crime of direct assault is an agent of a person in authority and a civilian comes to
his aid for example you have a police officer trying to arrest ex and instead of ex giving himself up he
fought violently with that police officer they exchange blows with each other physical blows no question
about it the crime is direct assault as to the police officer and you have a civilian who helped the police
officer but the but x is uh

a six-footer giant of a man so he himself attacked that civilian inflicting injuries upon that for 11 civilians
who tried to help with a weight of 30 kilograms only so i one bucks resulted to that civilian losing
consciousness so in short that civilian who tried to help that agent of a person in authority was likewise
endured and the same authors and authors of law books say that the crime as to the civilian is indirect
so the requisite in indirect assault

that view is also shared by the up up law

center

but this author leonardo made no distinction

she just wrote in her book that it should be indirect assault whenever a civilian comes to the aid of a
person in authority or his agent otherwise no indirect assault will ever be charged that's according to her
how about reyes

whether he just mentioned the general rule that indeed direct assault is an element of indirect assault
so remember that indirect assault will never be produced if direct assault is not committed

so in order for indirect assault to be committed by the accused you have to determine first was their
direct assault because if the question is like this x is being about is ex was about to be arrested by a
police officer and then he pushed the police officer and then he escaped he was intercepted by a civilian
but he attacked the civilian repeatedly punching his face and then he made his escape what crime did x
commit

question is there direct assault when he pushed the policeman police officer we said earlier that for
agents of person in authority then it should be serious

and there being no direct assault there can be no indirect assault committed as to the civilian so the
crime committed to that civilian who intercepted his correct physical injuries okay next let's go to um

oh there is this 2013 bar question a 271 year old retired judge 71 year old retired judge what is the
mandatory retirement for a judge

members of the judiciary 70 correct yes even if a judge is retired from service may he still be held liable
for an administrative case that will result to forfeiture of his credits although he is already retired the
answer is yes also the long hands of the law will reach judges and lawyers even if they retired or they
gave up their office but we go back to the question a 71 year old retired judge was attacked by a civilian
who held a grudge as to one of the decisions released by the judge the retired judge when he was still
performing his function as a judge

the attack was physical blocks is there direct assault or physical injuries only

answer answer igoi ravi

your answer is there is derek assault yes sir because the attack was made because uh in uh in
connection in one occasion of the performance of the duty of the judge plus performance of functions
but the answer is no because at the time he is never is not anymore a person in authority that's a 2013
bar question okay no so let's uh move on to uh

alarms and scandals okay chapter five public disorders alarms and scandals

adorn sense under article one five five

first one is discharge of a firearm

a second paragraph or creating noise at night or during daytime being intoxicated

what is charibary

yes arjel

is sharivari limited to two female talking together at the loudest volume of their voices

shut up anybody a uh combination of discordant voices or noise alarms and uh scandals

in relation to discharge of firearms several uh crimes may be committed well if there is no uh that
firearm has no license then violation of ra 10 5 9 1 as to the penalty impossible anyway yeah do not
worry we will discuss 10 591 in detail when we reach title 5 alongside with ra9165 because whenever
dangerous drugs are recovered sometimes firearms were likewise recovered without any license so we'll
discuss that in full detail in discharging firearms alarms and scandals may be uh committed illegal
discharge if there is no intent to kill but the farm is pointed towards a civilian just to scare him off for
example attempted or attempted homicide or murder physical injuries also but i whenever you use a
firearm really intent to kill is presumed so it cannot be physical injuries threats threats making threats as
to somebody else with that weapon granting that there is license or coercion by pointing the firearm
towards someone to force him to leave a certain room cover shot with the use of that firearm if the
firearm is unlicensed that will be a different ballgame and there are a 10-5-9-1 although the crime will
still be coercion or threat as the case may be but as to the penalty that will be the penalty provided
under ra 10 591 definitely the penalty under 105.91 is greater because the lowest there is prison

we go to article 156 delivery of prisoners from jail

the offender is not the custodian and he is not the person who escaped but another who facilitated the
escape of that detained person be it a pdl a detainee or a convicted offender detainee is one who is
awaiting his or whose case is spending in court without judgment yet but when we say convict one who
is already serving his sentence

but suppose how about the crime committed if he's a detainee and his relative came to his rescue which
facilitated his escape is the detainee liable for evasion of service of sentence no because his case is still
pending he has no sentence yet so he cannot be liable for evasion of service of sentence so what will be
the crime he we can charge him if there is conspiracy then conspiracy must be proved under article 156
but if he just gave in to or he just took the opportunity to escape given the delivery of his relative or that
outsider uh he cannot be charged but he may be arrested at any time even without a warrant he's
considered as an escapee so let's go to article 157 evasion of service of sentence under 158 on the
occasion of

of disorder any calamity epidemic and the failure to return it's the failure to return within 48 hours from
the announcing that the calamity has passed which will make him liable because in

if there is a calamity in the jail facility facility then

everyone must preserve themselves they can escape no problem that is justifiable but what makes it uh
a crime is the failure to return not within 48 hours from the happening of the calamity or from the
escape but the 48 hours will begin at the time that an announcement is made that the calamity has
already passed so if a convicted offender made his escape during an ongoing calamity then do not return
enjoy your vacation for a moment wait for the announcement but make it sure that within 48 hours
from the announcement or the notice that's the time to return reward for those who return then one
fifth deduction of the remaining time that is under the old provision of the revised pl code but under ra
10 592 we mentioned in our audio lecture that will not be the remaining time but from the sentence the
original sentence that he is serving one-fifth deduction how about the

inmate who chose to stay and was loyal to the government what is his reward

under the old provision under the revised bill code he will be awarded a certificate of loyalty which is of
no use but under r810592 there will be a deduction of two-fifths of the sentence a deduction of two-
fifths of the sentence
okay again remember remember under article 160 quasi-rich division it's a special aggravating
circumstance when is their quasi-recidivism as long as the second crime he committed is a felony
because of the requirement a new felony

so regardless of whether the first crime he commits is an offense or a felony as long as the second crime
he committed is a new felony then there is quasi recidivism which will serve as an aggravating
circumstance such that he should serve the maximum penalty for that crime maximum period of the
penalty for that crime he committed we will stop here under title 3 next time title 4 in ra9165

questions

none

sir

the mode of exam our manager our exam will be on monday october no yes sir 21 19 yes 5 30 to 7 30
correct yes yes everyone has access to their canvas correct yes sir yes and in that case we will use canvas
so the questions will be posted in your canvas and you submit it or answer it in that application and then
submit okay thank you yes more questions

all right thank you for your questions so uh that ends our lecture for uh today and uh enjoy reviewing for
your upcoming examination all your other subjects goodbye thank you sir thank you sir thank you thank
you sir