Supplemental Notes for Chapter 4: Crimes against Public Order

(Criminal Law 2; College of Criminology)

By: ATTY. ANTHONY JHONUEL A. ELICA

 Crimes against Public Order are generally crimes which are

directed against the Government, or public officials.

 ALL CRIMES committed by a rebel in furtherance of rebellion

are ABSORBED by REBELLION, following the Hernandez
doctrine (People vs. Hernandez; G.R. No. L-6025, May 30,
1964).(The) Hernandez (doctrine) remains binding doctrine
operating to prohibit the complexing of rebellion with any other
offense committed on the occasion thereof, either as a means
necessary to its commission or as an unintended effect of an
activity that constitutes rebellion. (Juan Ponce Enrile vs. Judge
Salazar; G.R. No. 92163, June 5, 1990)

Therefore, if murder, theft, rape, or any other crimes are

committed on the occasion of a rebellion by a supposed rebel,
the proper charge against him is SIMPLE REBELLION only.

 It must be an ARMED uprising. If it is an uprising but without

the use of arms, it cannot be said to be rebellion.

 There is NO CRIME of Proposal to commit sedition; only

conspiracy to commit sedition is punishable.

 If in rebellion or sedition, there is no PUBLIC UPRISING,

meaning, that the actual offender is only a single person, then
even if he commits acts of rebellion or sedition, he is not liable
for such crimes; his liability is DIRECT ASSAULT.

 A TEACHER, LAWYER, or a HEAD OF A SCHOOL, is a person

in authority for purposes of prosecuting DIRECT ASSAULT
(Arts. 148 to 151; People vs. Mendoza; G.R. No. L-39275,
December 20, 1933)

 The attack against the person in authority or his agent must be

due to the person’s office; a lawyer is attacked because he is a
lawyer, and not because of personal motives (like jealousy over a
lover).

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Supplemental Notes – Criminal Law 2 (Chapter 2): ATTY. ANTHONY JHONUEL A. ELICA
  Direct Assault is always complexed with the material
consequence of the act. (Ex. Direct Assault with Homicide;
Direct Assault with Serious Physical Injuries)

 There is no direct assault during a rebellion attack (reason:

rebellion absorbs all kinds of attacks, and rebellion cancels direct
assault since it becomes a crime of multitudes of people, whereas
direct assault is committed by a single assailant)

 A PERSON IN AUTHORITY is one directly vested with

jurisdiction (power) to EXECUTE laws, either as an individual, or
as a member of some court, commission, or office. (ex. Judge of
the court)

 An AGENT of a person in authority is one who by direct

provision of law, or by election, or by appointment, is tasked
with the MAINTENANCE of the PUBLIC ORDER, and
PROTECTION AND SECURITY of Life and Property (ex. Police)

 If the person subjected to assault is only an AGENT of persons in

authority, the force employed must be SERIOUS for it to be
direct assault. If it is against a Person in Authority, it need NOT
be serious.

 If the assault against the AGENT is not serious, the crime is NOT
Direct Assault, but Resistance and Disobedience to a Person in
Authority or his Agents under Art. 151.

“A generation which ignores history has no past and no future.”

- Robert Heinlein

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Supplemental Notes – Criminal Law 2 (Chapter 2): ATTY. ANTHONY JHONUEL A. ELICA