CRIMES AGAINST PUBLIC ORDER (Arts. 134-160, Revised Penal Code, as amended by R.A.
10951)
Chapter I: REBELLION, COUP D’ETAT, SEDITION AND DISLOYALTY
# Codal Provisions
134 REBELLION OR INSURRECTION: How
Committed: The crime of rebellion or
insurrection is committed by rising
publicly and taking arms against the
Government for the purpose of removing
from the allegiance to said Government or
its laws, the territory of the Philippine
Islands or any part thereof, of any body of
land, naval or other armed forces,
depriving the Chief Executive or the
Legislature, wholly or partially, of any of
their powers or prerogatives. (As
amended by R.A. 6968).
Elements/Requisites/Ways to Prove/Differences Penalties Defenses/Circumstances/Inherent Discussions/Comments
1. That there must be: Please see Art. 135 of RPC Principle of Absorption: Nature of the crime of rebellion:
a) Public Uprising Basis is on the persons liable for the - All crimes, whether punishable - Is by nature of a CRIME OF MASSES, OF A
b) Taking Arms against the government crime (either leader or participant) under special or general law, which MULTITUDE.
2. The purpose of uprising or movement is either: are mere components or ingredients, - the word rebellion evokes, not merely a CHALLENGE
a) To remove Allegiance to said or committed in furtherance thereof, TO THE CONSTITUTED AUTHORITIES, BUT ALSO CIVIL
government or its laws, the Philippine become absorbed in the crime of WAR ON A BIGGER OR LESSER SCALE.
Territory or any part thereof, or any rebellion and cannot be isolated
body of land, naval or other armed and charged as separate crimes - An actual clash of arms with the forces of the
forces; themselves. [People v. Hernandez government is not absolutely necessary. Those merely
b) To Deprive the Chief Executive or G.R. No. 6025 (1964) & Enrile v. acting as couriers or spies for the rebels are also guilty
Congress, wholly or partially of any of Amin, G.R. No. 93335 (1990)] of rebellion.
their powers or prerogatives. - The crime of rebellion is complete the very moment a
The following does not constitute group of rebels rise publicly and take arms against the
Rebellion Treason rebellion: government. Rising publicly and taking arms against
1. Levying of war 1. Levying of war is to 1. Mere silence or omission (US vs. the government is the normative element of the
against the govt aid or adhere to the Ravidas, GR No. 1503, 1905) offense, while the intent or purpose to overthrow the
during PEACE TIME for enemy, by giving them 2. Mere membership in a rebel government is the subjective element.
any purpose aid or comfort. organization: it does not
mentioned; Committed only during automatically qualify as rebellion. It Rebellion or insurrection, when considered as
the TIME OF WAR; must be conclusively demonstrated terrorism?
that criminal acts were committed in - any person who commits an act punishable as
2. Mere adherence to furtherance of rebellion [People v. rebellion or insurrection, thereby sowing and creating a
the enemy by giving Lovedioro, G.R. No. 112235 (1995)] condition of widespread and extraordinary fear and
2. Always involves
them aid or comfort is panic among the populace, in order to coerce the
taking arms against
sufficient; government to give in to an unlawful demand shall be
the government;
guilty of the crime of terrorism.
3. Purpose is to aid the
3. Purpose is to
enemy;
substitute the govt.
with the rebels own
govt.
Rebellion Insurrection
COMPLETE overthrow Seeks merely to effect
and supersede the some change of MINOR
existing government. IMPORTANCE or
prevent the exercise of
govt to PARTICULAR
matters or subjects
Rebellion Sedition
There must be taking It is sufficient that the
up of arms against the public uprising be
government and the tumultuous, and the
purpose is always purpose is always
political political or social.
134 COUP D’ETAT, How committed: The crime
(A) of coup d’état 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 seizing or
diminishing state power. (As amended by
R.A. 6968).
135 PENALTY FOR REBELLION, INSURRECTION
AND COUP D’ETAT: Any person, who
promotes, maintains, or heads rebellion
or insurrection shall suffer the penalty of
reclusion perpetua. / Any person merely
participating or executing the commands
of others in a rebellion shall suffer the
penalty of reclusion temporal. / Any
person who leads or in any manner directs
or commands others to undertake a coup
d'etat shall suffer the penalty of reclusion
perpetua. / Any person in the government
service who participates, or executes
directions or commands of others in
undertaking a coup d'etat shall suffer the
penalty of prision mayor in its maximum
period. / Any person not in the
government service who participates, or
in any manner supports, finances, abets or
aids in undertaking a coup d'etat shall
suffer the penalty of reclusion temporal in
its maximum period. / When the
rebellion, insurrection, or coup d'etat shall
be under the command of unknown
leaders, any person who in fact directed
the others, spoke for them, signed
receipts and other documents issued in
their name, as performed similar acts, on
behalf of the rebels shall be deemed a
leader of such a rebellion, insurrection, or
1. Offender is a person or persons belonging
to the Military or police or holding any public
office or employment;
2. It is committed by means of a Swift attack
accompanied by violence, intimidation,
threat, strategy or stealth;
3. The attack is directed against the duly
constituted authorities of the Republic of the
Philippines, or any military camp or installation,
communication networks, public utilities or other
facilities needed for the exercise and continued
possession of power;
4. The purpose of the attack is to Seize or
diminish state power.
1. The leaders:
o Rebellion or Insurrection - any person who
Promotes, maintains or heads a rebellion or
insurrection; or
o Coup d’etat - any person who Leads, directs or
commands others to undertake a coup d’état
2. The participants:
o Rebellion or Insurrection - any person who
Participates or executes the commands of others;
o Coup d’etat: Any person in the Government
service who participates or executes directions or
commands of others; or Any person not in the
government service who participates, Supports,
Finances, abets or aids in undertaking a coup
d’état.
o Rebellion, Insurrection or Coup d’etat – If under
the command of unknown leaders, the following
shall be Deemed as leaders of the rebel: Those
who a. Directed the others, b. Spoke for others;
or c. Signed receipts and other documents
issued in their name, on behalf of the rebels
Please see Art. 135 of RPC
Basis is on the persons liable for the
crime (either leader or participant)
Leaders:
- Rebellion or insurrection or coup
d’etat: Reclusion perpetua
Participants:
- Rebellion or insurrection: Reclusion
temporal
Person in govt. service –
- Leader: Reclusion temporal (max)
- Participant: Prision mayor (max)
- The crime of coup d’état may be committed with or
without civilian participation
- As to who commits the swift attack:
 It may be committed Singly or Collectively
 It Requires as a principal offender a member
of the AFP, PNP, or a Public officer with or
without civilian support
;
1) Who shall be deemed the leader of the rebellion,
insurrection or coup d’etat in case he is unknown?
- any person who in fact directed the others, spoke
for them, signed receipts and other documents
issued in their name, or performed similar acts, on
behalf of the rebels, shall be deemed a leader of
such rebellion, insurrection or coup d’etat.
2) - Those who killed persons in pursuance of the
movement to overthrow the government are liable
for rebellion only;
- The proper charge against persons who kill not
because of any personal motive on their part but
merely in pursuance of the movement to overthrow
the government would be rebellion and not murder.
3) Is there a complex crime of rebellion with murder
and other common crimes? NO. Principle of
absorption applies.
- Acts committed in furtherance of rebellion are
absorbed in rebellion, thus when a killing is
committed in furtherance of rebellion, the killing is
not homicide or murder and assumes the political
complexion of rebellion (political crime doctrine)
 coup d'etat. (As amended by R.A. 6968)
136 CONSPIRACY AND PROPOSAL TO
COMMIT COUP, REBELLION OR
INSURRECTION: The conspiracy and
proposal to commit coup d’etat shall be
punished by prisión mayor in its minimum
period and a fine which shall not exceed
One million pesos (₱1,000,000).
"The conspiracy and proposal to commit
rebellion or insurrection shall be punished
respectively, by prisión correccional in its
maximum period and a fine which shall
not exceed One million pesos
(₱1,000,000) and by prisión correccional
in its medium period and a fine not
exceeding Four hundred thousand pesos
(₱400,000)."
137 DISLOYALTY OF PUBLIC OFFICERS OR
EMPLOYEES: The penalty of prision
correccional in its minimum period shall
be imposed upon public officers or
employees who have failed to resist a
rebellion by all the means in their power,
or shall continue to discharge the duties
of their offices under the control of the
rebels or shall accept appointment to
office under them
138 INCITING TO REBELLION OR
INSURRECTION: The penalty of prision
mayor in its minimum period shall be
imposed upon any person who, without
taking arms or being in open hostility
against the Government, shall incite
others to the execution of any of the acts
specified in article 134 of this Code, by
means of speeches, proclamations,
writings, emblems, banners or other
representations tending to the same end
139 SEDITION: How Committed: The crime of
sedition is committed by persons who rise
2 Punishable acts are in this provision: Conspiracy and proposal: - There is no conspiracy when there - Even without actually rising publicly and taking arms
- Rebellion: PC (Max)/ fine of Php 1M is no agreement and no decision to against the government or actual performance of those
Conspiracy to commit coup, rebellion or - Insurrection: PC (Med)/fine of 400k commit rebellion. overt acts, merely agreeing and deciding to rise publicly
insurrection; - Coup: PM (Min)/ fine of Php 1M and take arms against the government or proposing the
Elements: commission of acts is already SUBJECT TO
A. Two or more persons come to an agreement to PUNISHMENT.
rise publicly and take arms against the govt for
any purposes of rebellion; - Organizing a group of soldiers, soliciting membership
B. They decide to commit it. in and soliciting funds for the people for the
organization, show conspiracy to overthrow the govt.
Proposal to commit coup, rebellion or
insurrection.
A. One person decided to rise publicly and take
arms against the govt for any purposes of
rebellion;
B. Proposes its execution to some other persons.
1. Offender is a public officer or employee; Prision Correccional in its min. period 1. This provision PRESUPPOSES THE EXISTENCE OF
2. Offender commits any of the ff. acts: REBELLION by other persons
a. Failing to resist a rebellion by all the means - There must be a rebellion to be resisted, or at least,
in their power; the place is under the control of the rebels.
b. Continuing to Discharge the duties of their
offices under the control of the rebels 2. Offender must not in conspiracy with the rebels.
c. Accepting appointment to office under them. Otherwise, he will be guilty of rebellion itself.
1. Offender DOES NOT TAKE ARMS or is NOT in Prision Mayor in its min. period - If they commit the rebellion - In both proposal and inciting to commit rebellion, the
open hostility against the government. because of the proposal or the crime of rebellion should not be actually committed by
2. He INCITES OTHERS to the execution of any of inciting, the proponent or the one persons to whom it is proposed or who are incited.
the acts of rebellion. inciting becomes a PRINCIPAL BY
3. The inciting is done by MEANS OF SPEECHES, INDUCEMENT IN THE CRIME OF
PROCLAMATIONS, WRITINGS, EMBLEMS, and REBELLION.
BANNERS OR OTHER REPRESENTATIONS tending
to the same end.
Proposal to commit Inciting to rebellion
rebellion
1. Offender induces 1. Offender induces
another to commit another to commit
rebellion rebellion
2. The person who 2. It is not required
proposes decided to that the offender has
commit rebellion decided to commit
3. Uses secret moves rebellion
3. act of inciting is done
publicly
1. Offenders rise Publicly and tumultuously; Please see Art. 140, RPC Are common crimes absorbed in 1. Nature of the crime:
2. Offenders employ Force, intimidation, or other sedition? - Sedition in general sense is the raising of commotions
 publicly and tumultuously in order to
attain by force, intimidation, or by other
means outside of legal methods, any of
the following objects:
1. To prevent the promulgation or
execution of any law or the holding of any
popular election;
2. To prevent the National Government,
or any provincial or municipal government
or any public officer thereof from freely
exercising its or his functions, or prevent
the execution of any administrative order;
3. To inflict any act of hate or revenge
upon the person or property of any public
officer or employee;
4. To commit, for any political or social
end, any act of hate or revenge against
private persons or any social class; and
5. To despoil, for any political or social
end, any person, municipality or province,
or the National Government (or the
Government of the United States), of all
its property or any part thereof.
means outside of legal methods;
3. Purpose is to attain any of the following
objects:
a. To prevent the Promulgation or execution of
any law or the holding of any popular election;
b. To prevent the national government or any
provincial or municipal government or any public
officer from Exercising its or his functions, or
prevent the execution of an 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 classes; or
e. To Despoil for any political or social end, any
person, municipality or province, or the national
government of all its property or any part thereof
PENALTY FOR SEDITION: The leader
of sedition shall suffer the penalty of
prisión mayor in its minimum period
and fine not exceeding Two million
pesos (₱2,000,000).
Other persons participating therein
shall suffer the penalty of prisión
correccional in its maximum period
and a fine not exceeding One million
pesos (₱1,000,000).
- case laws ruled in the NEGATIVE. or disturbances of the state.
- In PP v. Umali, it was held that the - the ultimate object of sedition is a violation of public
crimes committed were those of peace or at least such a course of measures as evidently
sedition, multiple murder, arson, endangers it.
frustrated murder and physical
injuries. 2. Can sedition be committed by one person?
- In PP v. Cabrera, three civilians - The crime of sedition is committed by persons who
found guilty of the separate crimes rise publicly and tumultuously. In Art. 163, it says that
of sedition in one case, and multiple the disturbance shall be deemed to be tumultuous if
murder with grave injuries in the cause by more than three persons who are armed or
other case. provided with means of violence.
- BUT use of unlicensed firearm IS
3. Public uprising and an object of sedition must concur:
ABSORBED IN SEDITION.
a. No public uprising – no sedition;
- Under R.A. 8294 (Act Amending PD b. No object of sedition – no sedition;
No. 1866 or the Firearms Law),
sedition absorbs the use of
unlicensed firearm as an element
thereof; hence, it is not an
aggravating circumstance, and the
offender can no longer be
prosecuted for illegal possession of
firearm.

Sedition Rebellion
1. Purpose may be 1. Purpose is always
political or social; political: to overthrow
2. It is sufficient that the existing govt.
public uprising is 2. There must be taking
tumultuous; up of arms against the
govt
Note: If purpose of
uprising is not exactly
against the govt, it is
sedition.
Sedition Treason
1. Purpose may be 1. Purpose is to aid the
political or social; enemy;
2. It is sufficient that 2. It is the violation by a
public uprising is subject of his allegiance
tumultuous; to his sovereign;
3. Public and 3. Public uprising is not a
tumultuous uprising requirement.
is required.

141 CONSPIRACY TO COMMIT SEDITION: 1. Two or more persons come to an agreement Prision Correccional (med) An agreement and a decision to - If only on the attainment of objects of sedition was
Persons conspiring to commit the crime of and a decision to rise publicly and tumultuously Fine: 400K attain ONLY an object of sedition agreed and not to rise publicly and tumultuously, it may
sedition shall be punished by prisión to attain any of the objects of sedition; without any agreement to RISE be a CONSPIRACY TO COMMIT DIRECT ASSAULT OF THE
 correccional in its medium period and a
fine not exceeding Four hundred
thousand pesos (₱400,000).
142 INCITING TO SEDITION: The penally of
prisión correccional in its maximum
period and a fine not exceeding Four
hundred thousand pesos (₱400,000) shall
be imposed upon any person who,
without taking any direct part in the crime
of sedition, should incite others to the
accomplishment of any of the acts which
constitute sedition by means of speeches,
proclamations, writings, emblems,
cartoons, banners, or other
representations tending to the same end,
or upon any person or persons who shall
utter seditious words or speeches, write,
publish, or circulate scurrilous libels
against the Government, or any of the
duly constituted authorities thereof, or
which tend to disturb or obstruct any
lawful officer in executing the functions of
his office, or which tend to instigate
others to cabal and meet together for
unlawful purposes or which suggest or
incite rebellious conspiracies or riots, or
which lead or tend to stir up the people
against the lawful authorities or to disturb
the peace of the community, the safety
and order of the Government, or who
shall knowingly conceal such evil
practices.
CHAPTER II: CRIMES AGAINST POPULAR REPRESENTATION
# Codal Provisions
2. They Decide to commit it.
Mode No. 1: Inciting to sedition to accomplish
any of its objects
1. Offender does not take Direct part in the crime
of sedition;
2. He Incites others to the accomplishment of
any of the acts which constitute sedition;
3. The inciting is done by Means of speeches,
proclamations, writings, emblems, cartoons,
banners, or other representations tending
towards the same end
Mode No. 2: Uttering seditious words or
speeches which tend to disturb the public peace
Mode No. 3: Writing, publishing, or circulating
scurrilous libels against the government or
any of the duly constituted authorities
thereof, which tend to disturb the public
peace.
1. Offender does not take any Direct part in the
crime of sedition.
2. He Uttered words or speeches and writing,
publishing or circulating scurrilous libels that:
a. Tend to Disturb or obstruct any lawful
officer in conducting the functions of his office;
b. Tend to Instigate others to cabal and meet
together for unlawful purposes;
c. Suggest or incite rebellious conspiracies or
riots;
d. Lead or tend to stir up the people against
the lawful authorities or to disturb the peace of
the community, the safety and order of the govt
Elements/Requisites/Ways to Prove/Differences
PUBLICLY AND TUMULTUOUSLY IS FIRST FORM which is NOT A FELONY.
NOT CONSPIRACY TO COMMIT - There is no proposal to commit sedition.
SEDITION.
Prision Correccional (max) - It is not inciting to sedition when it 1. Reason why seditious utterances are prohibited:
Fine: 400k is not proved that the defendant - The legislature has authority to forbid the advocacy of
incited to people to rise publicly and a doctrine designed and intended to overthrow the
tumultuously in order to attain the government without waiting until there is a present and
ends mentioned in Art. 139. immediate danger of the success of the plan advocated.
Acts Felonies
Crimes where 1. Rebellion
RULES IN RELATION TO SEDITIOUS 2. Uttering seditious words or speeches
proposal to 2. Insurrection
WORDS: - See People v. Perez, G.R. No. L-21049, 1923 and
commit is 3. Coup d’etat
People v. Nabong G. R. No. 36426, 1932.
punishable
1. Clear And Present Danger Test
Crimes where - the words must be of such a nature 3. Scurrilous – low, vulgar, mean or foul (Espuelas v.
1. Rebellion
conspiracy to that by uttering them there is a People G.R. No. L-2990, 1951)
2. Insurrection
commit is danger of a public uprising and that
3. Coup d’etat
punishable such danger should be both clear
4. Sedition 4. A theatrical play or drama where the words uttered,
and imminent.
or speeches delivered are seditious may be punished
- the danger must not only be
Crimes where 1. Rebellion under Art. 142. (US v. Tolentino, G.R. No. 1451. 1906)
probably but very likely inevitable.
inciting to 2. Insurrection
commit is 3. Sedition 5. Knowingly concealing such evil practice:
2. Dangerous Tendency Test
punishable - this is one of the ways of violating Art. 142, and it is
- if the words used tend to create a
ordinarily an act of the accessory after the fact, but
danger of public uprising, then those
under this provision, the act is treated and punished as
words could properly be the subject
that of principal.
of a penal clause.
6. The use of words, emblems, not performance of an
act is punished in inciting to sedition
- this provision punishes the use of words, emblems,
banners, or other representations tending to disturb
the public peace or to disturb or obstruct any public
officer in executing the functions of his office.
Penalties Defenses/Circumstances/Inherent Discussions/Comments
143 ACTS TENDING TO PREVENT THE
MEETING OF THE ASSEMBLY AND
SIMILAR BODIES: The penalty of prisión
correccional or a fine ranging from Forty
thousand pesos (₱40,000) to Four
hundred thousand pesos (₱400,000), or
both, shall be imposed upon any person
who, by force or fraud, prevents the
meeting of Congress or of 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.
144 DISTURBANCE OF PROCEEDINGS: The
penalty of arresto mayor or a fine from
Forty thousand pesos (₱40,000) to Two
hundred thousand pesos (₱200,000) shall
be imposed upon any person who disturbs
the meetings of Congress or of 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, or in the presence of any
such bodies should behave in such
manner as to interrupt its proceedings or
to impair the respect due it
145 VIOLATION OF PARLIAMENT IMMUNITY:
The penalty of prision mayor shall be
imposed upon any person who shall use
force, intimidation, threats, or fraud to
prevent any member of the (Congress of
the Philippines) from attending the
meetings of the (Congress) or of any of its
committees or subcommittees, con coms
or committees or divisions thereof, from
expressing his opinions or casting his vote;
and the penalty of prision correccional
shall be imposed upon any public officer
or employee who shall, while the
(Congress) is in regular or special session,
arrest or search any member thereof,
except in case such member has
committed a crime punishable under this
Code by a penalty higher than PMayor.
1. There is a projected or actual Meeting of
Congress or any of its committees or
subcommittees, constitutional committees
or divisions thereof, or of any provincial
board or city or municipal council or board;
2. Offender, who may be any person, Prevents
such meetings by force or fraud
1. There is a meeting of Congress or any of its
committees or subcommittees, constitutional
commissions or committees or divisions thereof,
or of any provincial board or city or municipal
council or board;
2. 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.
Mode No. 1: Using force, intimidation, threats,
or frauds to prevent any member of Congress
from attending the meetings of Congress or of
any of its committees or subcommittees,
constitutional commissions or committees or
divisions thereof, or from expressing his opinion
or casting his votes
1. Offender uses force, intimidation, threats or
fraud;
2. The Purpose of the offender is to prevent any
member of Congress from:
a. Attending the meetings of the Congress or of
any of its committees or constitutional
commissions;
b. Expressing his opinion; or
c. Casting his vote
Mode No. 2: Arresting or searching any member
thereof while Congress is in regular or special
Prision Correccional/Fine: 40K
Arresto Mayor/Fine: 40 to 200K
Prision Mayor
- Chief of police and mayor who prevented the meeting
of the municipal council are liable under Art. 143, when
the defect of the meeting is not manifest and requires
an investigation before its existence. (See People v.
Alipit, 44 Phil 910)
- It must be a meeting of a legislative body or of
provincial board or city or municipal council or board
which is disturbed.
- The complaint for this provision may be filed by a
member of the legislative body.
- It is sufficient that the offender, in using force,
intimidation, threats or frauds, has the purpose to
prevent a member of the National Assembly from
exercising any of his prerogatives.
- Parliamentary Immunity guarantees the legislator
complete freedom of expression without fear of being
made responsible in criminal or civil actions before the
courts or any other forum outside of the congressional
hall. Art. VI, Sec 11 of the 1987 Constitution grants the
parliamentary immunity.
- Members of Congress cannot be arrested for offenses
punishable by a penalty less than prision mayor (6 years
and 1 day to 12 years), while Congress is in session.
They can be prosecuted after Congress adjourns. [Art.
VI, Sec. 11, 1987 Constitution]
 session, except in case such member has
committed a crime punishable under the Code
by a penalty higher than prision mayor.

1. Offender is a Public officer of employee;

2. He Arrests or searches any member of
Congress;
3. Congress, at the time of arrest or search, is in
regular or special session;
4. The member arrested or searched has not
committed a Crime punishable under the Code by
a penalty higher than prision mayor.

CHAPTER III: ILLEGAL ASSEMBLIES AND ASSOCIATIONS

# Codal Provisions Elements/Requisites/Ways to Prove/Differences Penalties Defenses/Circumstances/Inherent Discussions/Comments

146 ILLEGAL ASSEMBLIES: The penalty of
prision correccional in its maximum
period to prision mayor in its medium
period shall be imposed upon the
organizers or leaders of any meeting
attended by armed persons for the
purpose of committing any of the crimes
punishable under this Code, or of any
meeting in which the audience is incited
to the commission of the crime of
treason, rebellion or insurrection, sedition
or assault upon a person in authority or
his agents. Persons merely present at such
meeting shall suffer the penalty of arresto
mayor, unless they are armed, in which
case the penalty shall be prision
correccional. If any person present at the
meeting carries an unlicensed firearm, it
shall be presumed that the purpose of
said meeting, insofar as he is concerned, is
to commit acts punishable under this
Code, and he shall be considered a leader
or organizer of the meeting within the
purview of the preceding paragraph.
Mode No. 1: Meeting attended by armed
persons for the purpose of committing any of
the crimes punishable under the Code
1. There is a Meeting, a gathering or group of
persons, whether in a fixed place or moving;
2. Meeting is attended by Armed persons;
3. Purpose of the meeting is to commit any of the
crimes punishable under the Code.
Mode No. 2: Meeting in which the audience is
incited to the commission of the crime of
treason, rebellion or insurrection, sedition, or
direct assault
1. There is a Meeting, a gathering or group of
persons, whether in a fixed place or moving;
2. Meeting is attended by Any persons, whether
armed or not;
3. Audience is Incited to the commission of the
crime of treason, rebellion or insurrection,
sedition or direct assault.
Prision correccional (max) to Prision
mayor (med) (if armed)
Arresto mayor (if persons are merely
present in the meeting)
- If a person happens to be present
at an illegal assembly out of
curiosity, he is not liable.
1. Persons liable for illegal assembly:
- The organizer or leaders of the meeting
- Persons merely present at the meeting, who must
have a common intent to commit the felony of illegal
assembly
2. The persons present at the meeting must be armed
in the first mode of illegal assembly. But not all the
persons present at the meeting of the first mode must
be armed
- It is said that a good number, say, at least, four must
be armed.
- The unarmed person merely present at the meeting of
the first mode is liable but only for arresto mayor. If
armed, prision correccional must be the penalty.
Responsibility:
1. If not armed: penalty is arresto mayor;
2. If armed: penalty is prision correccional;

As used in this article, the word "meeting"

shall be understood to include a gathering
or group, whether in a fixed place or
moving.

147 ILLEGAL ASSOCIATIONS: The penalty of What constitutes illegal associations? Prision correccional (min and med) Public Morals – matters which affect Illegal Assembly Illegal Association
 prisión correccional in its minimum and
medium periods and a fine not exceeding
Two hundred thousand pesos (₱200,000)
shall be imposed upon the founders,
directors, and presidents of associations
totally or partially organized for the
purpose of committing any of the crimes
punishable under this Code or for some
purposed contrary to public morals. Mere
members said associations shall suffer the
penalty of arresto mayor.
CHAPTER IV: ASSAULT UPON AND RESISTANCE AND DISOBEDIENCE TO, PERSONS IN AUTHORITY AND THEIR AGENTS
# Codal Provisions
148 DIRECT ASSAULTS: Any persons who,
without a public uprising, shall employ
force or intimidation for the attainment of
any of the purposes enumerated in
defining the crimes of rebellion and
sedition, or shall attack, employ force, or
seriously intimidate or resist any person in
authority of any of his agents, while
engaged in the performance of official
duties, or on occasion of such
performance, shall suffer the penalty of
prisión correccional in its medium and
maximum periods and a fine not
exceeding Two hundred thousand pesos
(₱200,000), 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. If none of these
circumstances be present, the penalty of
prisión correccional in its minimum period
and a fine not exceeding One hundred
thousand pesos (₱100,000) shall be
imposed.
1. Associations totally or partly organized for the
purpose of committing any of the Crimes
punishable under the Code;
2. Associations totally or partly organized for
some purpose contrary to public morals;
Elements/Requisites/Ways to Prove/Differences
Mode No. 1: by employing force or intimidation
for the attainment of any of the purposes
enumerated in defining the crimes of rebellion
and sedition
1. Offender Employs force or intimidation;
2. The Aim of the offender is to attain any of the
purposes of the crime of rebellion or any of the
objects of the crime of sedition;
3. There is no public uprising;
NOTE: This is tantamount to rebellion or sedition,
except that there is no public uprising.
Mode No. 2: by attacking, by employing force or
by seriously intimidating or by seriously resisting
any person in authority or any of his agents,
while engaged in the performance of official
duties, or on occasion of such performance
1. Offender makes an Attack, employs force,
makes a serious intimidation, or makes a serious
resistance;
2. The person assaulted is a person in Authority
or his agent;
3. At the time of the assault, the person in
authority or his agent is engaged in the actual
Performance of official duties, or that he is
assaulted by reason of the past performance of
official duties;
4. Offender Knows that the one he is assaulting
is a person in authority or his agent in the
exercise of his duties; (essential element)
5. There is no public uprising;
Fine: 200k the interest of society and public
convenience, not limited to good
If members only: Arresto mayor customs
Penalties Defenses/Circumstances/Inherent
Prision correccional (med and max) Qualifying Circumstance:
Fine: 200K 1. There is a Weapon employed in
the attack;
If not a public officer: Prision 2. The offender is a Public officer;
correccional (min) 3. The offender Lays Hands on a
Fine: 100k public authority
Self –defense:
When a person in authority or his
agent is the one who provokes and
attacks another person, the latter is
entitled to defend himself and
cannot be held liable for assault or
resistance nor for physical injuries,
because he acts in legitimate
defense.
- The aggravating circumstance of
disregard or rank is INHERENT in the
charge of assault against a person in
authority or an agent of a person in
authority.
- There is a complex crime of direct
assault with homicide or murder or
with serious physical injuries.
- But the crime of slight physical
injuries is absorbed by direct assault.
2 Kinds of assault in Mode No. 2: (a)
Simple and (b) qualified assault.
1. There must be an actual 1. Actual meeting not
meeting or assembly; necessary;
2. What is punished are the 2. What is punished is
meeting and the the act of forming or
attendance therein; organizing the
3. Persons liable: association;
a. organizers or leaders of 3. Persons liable:
the meeting a. founders, directors,
b. persons present at the president
meeting b. members
Discussions/Comments
1. Direct Assaults are different from ordinary assault
without intent to kill or physical injuries under Arts 263
to 266;
- Direct assaults are crimes against public order; while
Ordinary assaults are crimes against persons;
- Direct assaults are triable by the RTC.
2. The act of accused in preventing by force the holding
of election in certain precincts, without public uprising,
is direct assault of the first mode.’
Second Mode:
3. What degree of force is necessary in direct assault?
- The force employed must be of a serious character as
to indicate determination to defy the law and its
representative at all hazards;
4.The intimidation or resistance must be serious
whether the offended party is an agent only or he is a
person in authority
- such resistance must be active and intimidation must
be serious, whether the offended party is a n agent only
or person in authority;
- intimidation must produce its effect immediately, for if
the threats be of some future evil, the act would not an
assault;
5. Functions of the person in authority or his agent
must be clearly shown in the information. Such person
in authority or his agent is: (A) engaged in the actual
performance of his official duties or (B) at least that the
assault or intimidation is done by reason of the past
performance of the said duty.

149 INDIRECT ASSAULT: The penalty of
prisión correccional in its minimum and
medium periods and a fine not exceeding
One hundred thousand (₱100,000) shall
be imposed upon any person who shall
make use of force or intimidation upon
any person coming to the aid of the
authorities or their agents on occasion of
the commission of any of the crimes
defined in the next preceding article.
150 DISOBEDIENCE TO SUMMONS ISSUED BY
THE NATIONAL ASSEMBLY, ITS
COMMITTEES OR SUBCOMMITTEES, OR
DIVISIONS: The penalty of arresto mayor
or a fine ranging from Forty thousand
pesos (₱40,000) to Two hundred
thousand pesos (₱200,000), or both such
fine and imprisonment, shall be imposed
upon any person who, having been duly
summoned to attend as a witness before
Congress, its special or standing
committees and subcommittees, the
Constitutional Commissions and its
committees, subcommittees, or divisions,
or before any commission or committee
chairman or member authorized to
summon witnesses, refuses, without legal
excuse to obey such summons, or being
present before any such legislative or
constitutional body or official, refuses to
be sworn or placed under affirmation or
to answer any legal inquiry or to produce
1. A person in authority or his agent is the victim
of any of the Forms of direct assault defined in
Article 148;
2. A person comes to the Aid of such authority or
his agent;
3. Offender makes Use of force or intimidation
upon such person coming to the aid of the
authority or his agent.
Acts punished as disobedience under this
provision:
Mode 1: By refusing, without legal excuse, to
obey summons of Congress, its special or
standing committees and subcommittees, the
Constitutional Commissions and its committees,
subcommittees or divisions, or by any
commission or committee chairman or member
authorized to summon witnesses;
Mode 2: By refusing to be Sworn or placed under
affirmation while being before such legislative or
constitutional body or official;
Mode 3: By refusing to Answer any legal inquiry
or to produce any books, papers, documents, or
records in his possession, when required by them
to do so in the exercise of their functions;
Mode 4: By Restraining another from attending
as a witness in such legislative or constitutional
Prision correccional (min to med)
Fine: 100K
Arresto Mayor -This provision will not apply when
Fine: 40k to 200k the papers or documents may be
used in evidence against the owner
thereof, because it would be
equivalent to compelling him to be
witness against himself.
6. “Person-in-Authority”
- Any person directly vested with jurisdiction, whether
as an individual or as a member of some court or
governmental corporation, board, or commission, shall
be deemed a person in authority.
- See: Article 152 for the enumeration of persons in
authority and agents of such persons in authority
7. Public Officer Not in Authority If the public officer is
not a person in authority, the assault on him is an
aggravating circumstance in Art. 14, no. 3 (rank). There
must be, however, intent to disregard the victim’s rank.
1. This can be committed only when a direct assault is
also committed (presupposition)
- Is there a crime of indirect assault, if the policeman
who is aiding a policeman in making a lawful arrest, is
attacked by the person who be arrested?
A: It cannot be direct assault because the policeman is
not a victim of direct assault. He is in performance of
his duties, making an arrest.
2. The offended party in indirect assaults may be
private person:
- The use of force or intimidation must be made upon
any person coming to the aid of authorities or their
agents.
- The testimony of the person summoned must be upon
matters into which the National Assembly or Congress
has jurisdiction to acquire. (Arnault v. Nazareno)
- Any of the acts punished in Art. 150 may also
constitute contempt of the Congress of the Philippines.
- Rationale: The power of inquiry, with process to
enforce it, is an essential and appropriate auxiliary to
the legislative functions. Some means of compulsion is
essential to obtain what is needed. (Arnault v.
Nazareno)
 any books, papers, documents, or records
in his possession, when required by them
to do so in the exercise of their functions.
The same penalty shall be imposed upon
any person who shall induce disobedience
to summons or refusal to be sworn by any
such body or official.
151 RESISTANCE AND DISOBEDIENCE TO A
PERSON IN AUTHORITY OR THE AGENTS
OF SUCH PERSON: The penalty of arresto
mayor and a fine not exceeding One
hundred thousand pesos (₱100,000) shall
be imposed upon any person who not
being included in the provisions of the
preceding articles shall resist or seriously
disobey any person in authority, or the
agents of such person, while engaged in
the performance of official duties.
When the disobedience to an agent of a
person in authority is not of a serious
nature, the penalty of arresto menor or a
fine ranging from Two thousand pesos
(₱2,000) to Twenty thousand pesos
(₱20,000) shall be imposed upon the
offender.
152 PERSONS IN AUTHORITY AND AGENTS OF
PERSONS IN AUTHORITY: In applying the
provisions of the preceding and other
articles of this Code, any person directly
vested with jurisdiction, whether as an
individual or as a member of some court
or governmental corporation, board, or
commission, shall be deemed a person in
authority. A barrio captain and a barangay
chairman shall also be deemed a person in
authority.
body;
Mode 5: By Inducing disobedience to a summons
or refusal to be sworn by any such body or official
Mode No. 1: Resistance / Serious Disobedience: Serious Disobedience: Arresto mayor Justified resistance: 1. Concept of resistance and disobedience
1. A person in authority or his agent is engaged in Fine: 100K - The order given must be lawful, - consists a failure to comply with orders directly issued
the Performance of official duty or gives a lawful otherwise, the resistance is justified; by the authorities in the exercise of their official duties.
order to the offender; Simple Disobedience: Arresto menor - The action of the accused in laying - Failure to comply with legal provisions of a general
2. Offender Resists or seriously disobeys such Fine: 2k to 20k his hands on the customs secret character or with judicial decisions merely declaratory
person in authority; agent, who had no right to make the of rights or obligations, or violations of prohibitory
3. The act of the offender is not Included in the search, was an adequate defense to decisions do not constitute the crime of disobedience
provision of Articles 148, 149 and 150; repel the aggression of the latter. to the authorities;
Mode No. 2: Simple Disobedience: 2. The accused must have knowledge that the person
1. An Agent of a person in authority is engaged in arresting him is a person of authority.
the performance of official duty or gives a lawful
order to the offender; 3. When the attack or employment of force is not
2. Disobeys such agent of a person in authority; deliberate, the crime is only resistance or disobedience
3. Such disobedience is not of a Serious nature; - This is so because the offender has no intent to ignore,
disregard, or defy the authority of his agents.
Serious Disobedience Direct Assault
1. Person in authority 1. Person in authority
or his agent must be in or his agent must be
actual performance of engaged in the
his duties; performance of official
2. Committed only by duties or he is
resisting or seriously assaulted by reason of
disobeying a person in the past performance
authority or his agent; of official duties;
3. Use of force in 2. Committed in two
resistance is not so modes (see Art. 148,
serious Mode 2 above);
3. There is force
employed.
The following are persons in authority: - Person in authority is one directly vested with
1. The municipal mayor; jurisdiction: meant the power and authority to govern
2. Division superintendent of schools; and execute the laws;
3. Public and private school teachers;
4. Teacher-nurse; - To be an agent of a person in authority, one must be
5. President of Sanitary division; charged with: (1) the maintenance of public order; (2)
6. Provincial fiscal; the protection and security of property.
7. Justice of the Peace;
8. Municipal councilor;
9. Barrio captain and barangay chairman
10. Professors of private colleges & universities.
 A person who, by direct provision of law
or by election or by appointment by
competent authority, is charged with the
maintenance of public order and the
protection and security of life and
property, such as a barrio councilman,
barrio policeman and barangay leader and
any person who comes to the aid of
persons in authority, shall be deemed an
agent of a person in authority.
In applying the provisions of Articles 148
and 151 of this Code, teachers, professors
and persons charged with the supervision
of public or duly recognized private
schools, colleges and universities, and
lawyers in the actual performance of their
professional duties or on the occasion of
such performance, shall be deemed
persons in authority. (As amended by PD
No. 299, Sept. 19, 1973 and Batas
Pambansa Blg. 873, June 12, 1985)

CHAPTER V: PUBLIC DISORDERS

# Codal Provisions Elements/Requisites/Ways to Prove/Differences Penalties Defenses/Circumstances/Inherent Discussions/Comments

153 TUMULTS AND OTHER DISTURBANCES OF
PUBLIC ORDER, TUMULTUOUS
DISTURBANCE OR INTERRUPTION LIABLE
TO CAUSE DISTURBANCE: The penalty of
arresto mayor in its medium period to
prisión correccional in its minimum period
and a fine not exceeding Two hundred
thousand pesos (₱200,000) shall be
imposed upon any person who shall cause
any serious disturbance in a public place,
office, or establishment, or shall interrupt
or disturb public performances, functions
or gatherings, or peaceful meetings, if the
act is not included in the provisions of
Article 131 and 132.
"The penalty next higher in degree shall
be imposed upon persons causing any
disturbance or interruption of a
tumultuous character.
"The disturbance or interruption shall be
deemed to be tumultuous if caused by
more three (3) persons who are armed or
provided with means of violence.
Acts Punishable: Arresto Mayor (med) to Prision Qualifying Circumstance: If the - Serious disturbance must be planned or intended.
Correccional (min) disturbance or interruption caused is - If the act of disturbing or interrupting a meeting or
Mode 1: Causing any Serious disturbance in a Fine: 200K of a tumultuous character. religious ceremony is not committed by public officer,
public place, office or establishment. or if committed by public officers, they are participants
Tumultuous – if caused by more than therein, this provision should be applied, not Arts 131
three (3) persons who are armed or or 132 of the RPC.
Mode 2: Interrupting or disturbing performances,
provided with means of violence
functions or gatherings, or peaceful meetings, if
- Outcry means to shout subversive or provocative
the act is not included in Arts. 131 (prohibition,
words tending to stir up the people to obtain by means
interruption and dissolution of peaceful
of force or violence any of the objects of rebellion or
meetings) and 132 (interruption of religious
sedition.
worship).
Mode 3: Making any Outcry tending to incite
rebellion or sedition in any meeting, association
or public place.
Mode 4: Displaying placards or emblems which
provoke a disturbance of public order in such
place;
Mode 5: Burying with pomp the body of a person
who has been legally executed
 "The penalty of arresto mayor shall be
imposed upon any person who in any Difference bet. inciting to sedition from this
meeting, association, or public place, shall provision:
make any outcry tending to incite 1. Art. 131 - through speech or writing
rebellion or sedition or in such place shall Art. 153 - Done only through speech (outcry)
display placards or emblems which
provoke a disturbance of the public order.
2. Art. 131 - Done with intent to induce the
"The penalty of arresto mayor and a fine
hearers or readers to commit the crime of
not to exceed Forty thousand pesos
rebellion or sedition
(₱40,000) shall be imposed upon these
Art. 153 - More of unconscious outburst which is
person who in violation of the provisions
not intentionally calculated to induce others to
contained in the last clause of Article 85,
commit such crimes
shall bury with pomp the body of a person
who has been legally executed.
154 UNLAWFUL USE OF MEANS OF Mode 1: Publishing or causing to be published, by Arresto mayor - Actual public disorder or actual damage to the credit
PUBLICATION AND UNLAWFUL means of printing, lithography or any other Fine: 40k to 200k of the State is not necessary. The mere possibility of
UTTERANCES: The penalty of arresto means of publication, as news any False news causing such danger or damage is sufficient.
mayor and a fine ranging from Forty which may endanger the public order, or cause - The offender must know that the news is false. If the
thousand pesos (₱40,000) to Two damage to the interest or credit of the State. offender does not know that the news is false, he is not
hundred thousand pesos (₱200,000) shall liable under this Article, there being no criminal intent
be imposed upon: Mode 2: Encouraging Disobedience to the law or on his part.
1. Any person who by means of printing, to the constituted authorities or praising,
lithography, or any other means of justifying or extolling any act punished by law, by
publication shall publish or cause to be the same means or by words, utterances or
published as news any false news which speeches.
may endanger the public order, or cause
damage to the interest or credit of the
Mode 3: Maliciously publishing or causing to be
State;
published any official document or resolution
2. Any person who by the same means, or
without proper authority, or before they have
by words, utterances or speeches shall
been published officially.
encourage disobedience to the law or to
the constituted authorities or praise,
justify, or extol an act punished by law; Mode 4: Printing, publishing or distributing (or
3. Any person who shall maliciously causing the same) books, pamphlets, periodicals,
publish or cause to be published any or leaflets which do not bear the real printer’s
official resolution or document without name, or which are classified as anonymous.
proper authority or before they have been
published officially; or
4. Any person who shall print, publish, or
distribute or cause to be printed,
published, or distributed books,
pamphlets, periodicals, or leaflets which
do not bear the real printer’s name, or
which are classified as anonymous.
155 ALARMS AND SCANDALS: The penalty of Mode 1: Discharging any firearm, rocket, Arresto menor - Is the discharge of firecrackers or 1. The discharge of any firearm should not be aimed at
arresto menor or a fine not exceeding firecracker, or other explosive within any town or Fine: 40k rockets during fiestas or festive a person, otherwise, the offense would fall under Art.
Forty thousand pesos (₱40,000) shall be public place, calculated to cause (which occasions covered by par. 1 of this 254, punishing discharge of firearm.
imposed upon: produces) alarm or danger; provision? NO. (opined by Viada)
 "1. Any person who within any town or
public place, shall discharge any firearm,
rocket, firecracker, or other explosives
calculated to cause alarm or danger;
"2. Any person who shall instigate or take
an active part in any charivari or other
disorderly meeting offensive to another or
prejudicial to public tranquility;
"3. Any person who, while wandering
about at night or while engaged in any
other nocturnal amusements, shall disturb
the public peace; or
"4. Any person who, while intoxicated or
otherwise, shall cause any disturbance or
scandal in public places: Provided, That
the circumstances of the case shall not
make the provisions of Article 153
applicable."
156 DELIVERING PRISONERS FROM JAIL: The
penalty of arresto mayor in its maximum
period of prision correccional in its
minimum period shall be imposed upon
any person who shall remove from any jail
or penal establishment any person
confined therein or shall help the escape
of such person, by means of violence,
intimidation, or bribery. If other means
are used, the penalty of arresto
mayor shall be imposed.
If the escape of the prisoner shall take
place outside of said establishments by
taking the guards by surprise, the same
penalties shall be imposed in their
minimum period.
Mode 2: Instigating or taking an active part in any
charivari or other disorderly meeting offensive to
another or prejudicial to public tranquility.
Mode 3: Disturbing the public peace while
wandering about at night or while engaged in any
other nocturnal amusements.
Mode 4: Causing any disturbances or scandal in
public places while intoxicated or otherwise,
provided Art. 153 (tumults and other
disturbances of public order) is not applicable
1. There is a person Confined in a jail or penal
establishment; and
2. Offender Removes therefrom such person or
helps the escape of such person
Arresto mayor (max) to prision
correccional (min)
- If the disturbance is of a serious
nature, the case will fall under Art.
153, not under par. 4 of this
provision.
If three persons are involved, the
crimes committed are as follows:
1. Conniving with or Consenting to
Evasion (Art. 223) – committed by a
public officer who is in custody or
charge of the prisoner
2. Delivering Prisoners from Jail (Art.
156) – committed by the stranger
who helped in the escape
3. Evasion of service of sentence
(Art. 157) – committed by the
prisoner who escaped
- The crime is qualified when the
removal or delivery of the prisoner is
done by means of bribery as a means
of removing or delivering the
prisoner from jail, and not the act of
receiving or agreeing to receive a
bribe as a consideration for
committing the offense.
2. “Calculated to cause” should be “which produces”
alarm and danger according to the correct translation of
the RPC. Hence, the result, and not the intent, that
counts.
3. Charivari means a medley of discordant voices, a
mock serenade of discordant noises made on kettles,
tins, horns, etc. designed to annoy & insult.
1. Hospital or asylum considered an extension of jail or
prison: this provision applies even if the prisoner is in
the hospital or asylum when he is removed or when the
offender helps his escape, because it is considered as an
extension of the penal institution.
2. If the offender is a public officer who had the
prisoner in his custody or charge, he is liable for
infidelity in the custody of prisoner (Art. 223) and not
for this provision.
3. Consent or connivance necessary to hold public
officer guilty: It is necessary that the public officer had
consented to, or connived in, the escape of the prisoner
under his custody or charge. [Alberto v. Dela Cruz, G.R.
No. L-31839 (1980)]
CHAPTER VI: EVASION OF SERVICE OF SENTENCE
# Codal Provisions
157 EVASION OF SERVICE OF SENTENCE: The
penalty of prision correccional in its
medium and maximum periods shall be
imposed upon any convict who shall
evade service of his sentence by escaping
during the term of his imprisonment by
reason of final judgment.
However, if such evasion or escape shall
have taken place by means of unlawful
entry, by breaking doors, windows, gates,
walls, roofs, or floors, or by using
picklocks, false keys, deceit, violence or
intimidation, or through connivance with
other convicts or employees of the penal
institution, the penalty shall be prision
correccional in its maximum period.
158 EVASION OF SERVICE OF SENTENCE ON
THE OCCASION OF DISORDER,
CONFLAGRATIONS, EARTHQUAKES, OR
OTHER CALAMITIES: A convict who shall
evade the service of his sentence, by
leaving the penal institution where he
shall have been confined, on the occasion
of disorder resulting from a conflagration,
earthquake, explosion, or similar
catastrophe, or during a mutiny in which
he has not participated, shall suffer an
increase of one-fifth of the time still
remaining to be served under the original
sentence, which in no case shall exceed
six months, if he shall fail to give himself
up to the authorities within forty-eight
hours following the issuance of a
proclamation by the Chief Executive
announcing the passing away of such
calamity.
159 OTHER CASES OF EVASION: The penalty
of prision correccional in its min. shall be
imposed upon the convict who, having
been granted conditional pardon by the
Chief Executive, shall violate any of the
conditions of such pardon. However, if the
penalty remitted by the granting of such
pardon be higher than six years, the
Elements/Requisites/Ways to Prove/Differences
1. Offender is a Convict by final judgment;
2. He is Serving sentence which consists in the
deprivation of liberty;
3. He Evades service of his sentence by escaping
during the term of his imprisonment.
1. Offender is a Convict by final judgment, who is
confined in a penal institution;
2. There is Disorder, resulting from –
a. Conflagration;
b. Earthquake;
c. Explosion;
d. Similar catastrophe; or
e. Mutiny in which he has not participated;
3. He Evades the service of his sentence by
leaving the penal institution where he is confined,
on the occasion of such disorder or during the
mutiny;
4. He Fails to give himself up to the authorities
within 48 hours following the issuance of a
proclamation by the Chief Executive announcing
the passing away of such calamity
1. Offender was a Convict;
2. He was Granted a conditional pardon by the
Chief Executive; and
3. He Violated any of the conditions of such
pardon.
Penalties
Prision Correccional (med to max)
Shall suffer an increase of one-fifth of
the time still remaining to be served
under the original sentence, which in
no case shall exceed six months.
Prision correccional in its minimum
period
Defenses/Circumstances/Inherent
Qualifying Circumstances:
1. By means of unlawful Entry (this
should be by scaling [Reyes]);
2. By Breaking doors, windows,
gates, walls, roofs or floors;
3. By using Picklock, false keys,
disguise, deceit, violence or
intimidation; or
4. Through Connivance with other
convicts or employees of the penal
institution.
Discussions/Comments
Applicable to Destierro
-One who, sentenced to destierro by virtue of final
judgment, and prohibited from entering the City of
Manila, enters said city within the period of his
sentence, is guilty of evasion of sentence under Article
157.
-Failure to Return Leaving the penal establishment is
not the basis of criminal liability. What is punished is
the failure to return within 48 hours after the passing of
the calamity, conflagration or mutiny had been
announced.
-Effect of Surrendering within 48 hours
-Convicts who shall give themselves up to the
authorities within 48 hours from the issuance of a
proclamation, shall be entitled to the deduction
provided for under Art. 98 (one -fifth of the period of
his sentence).
Conditional Pardon: contract between the Chief
Executive, who grants the pardon, and the convict, who
accepts it. Since it is a contract, the pardoned convict is
bound to fulfill its conditions and accept all its
consequences according to its strict terms. [People v.
Pontillas, G.R. No. L45267 (1938)]
Guilty of a Subsequent Offense: Offender must be
found guilty of subsequent offense before he can be
 convict shall then suffer the unexpired
portion of his original sentence.
CHAPTER VII: COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE
# Codal Provisions
160 COMMISSION OF ANOTHER CRIME
DURING SERVICE OF PENALTY IMPOSED
FOR ANOTHER OFFENSE; PENALTY:
Besides the provisions of Rule 5 of Article
62, any person who shall commit a felony
after having been convicted by final
judgment, before beginning to serve such
sentence, or while serving the same, shall
be punished by the maximum period of
the penalty prescribed by law for the new
felony.
Any convict of the class referred to in this
article, who is not a habitual criminal,
shall be pardoned at the age of seventy
years if he shall have already served out
his original sentence, or when he shall
complete it after reaching the said age,
unless by reason of his conduct or other
circumstances he shall not be worthy of
such clemency.
Elements/Requisites/Ways to Prove/Differences
1. Offender was already Convicted by final
judgment of one offense;
2. He committed a New felony before beginning
to serve such sentence or while serving the same.
Penalties
shall be punished by the maximum
period of the penalty prescribed by
law for the new felony.
Defenses/Circumstances/Inherent
Pardon. Pardon is to be given to a
convict who:
1. Is not a habitual criminal;
2. Is already at the age of seventy
(70) years; and
3. Has already served out his original
sentence or if he is completing it
after reaching such age
prosecuted under Article 159. [Torres v. Gonzales, G.R.
No. 76872 (1987)
Discussions/Comments
Quasi-recidivism:
A special aggravating circumstance where a person,
after having been convicted by final judgment, shall
commit a new felony before beginning to serve such
sentence, or while serving the same. He shall be
punished by the maximum period of the penalty
prescribed by law for the new felony
As to the act committed The first crime for which the
offender is serving sentence need not be a felony.
[People v. Peralta, G.R. No. L-19069 (1968)]
The word “another” does not mean that the new felony
be different from the one for which the offender is
serving sentence