Article 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 is incit 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.

As used in this article, the word "meeting" shall be understood to include a gathering or
group, whether in a fixed place or moving

Two kinds of illegal assemblies

1. Any meeting attended by armed persons for the purpose of committing any of the
crimes punishable under the Code.

Elements:

a. There is a meeting, a gathering or group of persons, whether in a fixed place or

moving;

b. The meeting is attended by armed persons;

c. The purpose of the meeting is to commit any of the crimes punishable under the
Code. (Reyes, RPC, pp. 123-124)

"meeting" an assembly of people for discussion; includes a gathering or group of persons

It is not required that all persons in the meeting must be "armed"; but there must be at least
4 armed malefactors.

There is no specification as to what kind of "arms" is required, hence, it is submitted that

bringing of bladed weapons is enough.

While it is true that "persons merely present at such meeting" are liable, there must still be
evidence that said persons attended the meeting for the purpose of committing any of the
crimes under the RPC. If his attendance was only incidental (no criminal intent), there is no
violation.

The purpose must be to commit any crime under the RPC, hence if the purpose is to commit
a crime punished under a special law, the article is not applicable.
2. Any meeting in which the audience, whether armed or not, is incited to the
commission of the crime of treason, rebellion or insurrection, sedition, or assault
upon a person in authority or his agents.

Elements:

a. There is a meeting, a gathering or group of persons, whether in a fixed place or

moving;

b. The audience, whether armed or not, is incited to the commission of the crime of
treason, rebellion or insurrection, sedition or direct assault.

*A mere meeting of unarmed persons for the purpose of inciting others to commit treason,
rebellion or insurrection, sedition, or assault upon a person in authority or his agents will not
make them criminally liable. The audience must be actually incited.

If in a meeting the audience is incited to commit rebellion/ insurrection or sedition, the crimes
committed are (1) illegal assembly as regards the organizers and persons present; and (2)
inciting to rebellion/ insurrection or sedition insofar as the one inciting is concerned. (Reyes,
RPC, p. 125)

*If armed persons attended the meeting, even if there is no actual incitement yet, the
organizers and persons present will still be liable for the crime of illegal assembly under the
1st kind.

It the person present at the meeting (1st or 2nd kind) carries an unlicensed firearm, it shall
be presumed that the purpose of the meeting insofar as he is concerned is to commit acts
punishable under the RPC and that he will be considered an organizer or leader of such
meeting.