Nam MICHAELA P.
BURCE
e:
Subje CLJ4 CRIMINAL LAW
ct:
Prof: FERNANDO OCAMPO
Article 134 (Rebellion or Insurrection): This involves a
rising or uprising against the government, with the
intent to overthrow or modify government authority.
Article 134-A (Coup d'Etat): Similar to rebellion, but
involves a swift and sudden attack against the
government, often by military or police forces.
ELEMENTS
- There is an armed uprising against the government of the Philippines.
- The purpose of the uprising is to remove or change the government by force or
violence.
Article 135 (Treason): This involves acts of betrayal
against the government, usually by aiding enemies
during wartime or giving them aid and comfort.
ELEMENT
-Anyone proven guilty of rebellion, insurrection, or coup d'etat shall be punished,
depending on the court's decision, from life imprisonment to death.
Article 136 (Conspiracy and Proposal to Commit Coup
d'Etat, Rebellion, or Insurrection): This pertains to
planning or proposing acts of coup d'etat, rebellion, or
insurrection.
ELEMENT
- There is a conspiracy or proposal to commit coup d'etat, rebellion, or insurrection.
- The aim of the conspiracy is to carry out an armed attack against the government.
Article 137 (Disloyalty of Public Officers or Employees):
This involves public officers or employees failing to
resist a rebellion or insurrection, or failing to give
information thereof.?
ELEMENT
- A government official exhibits disloyalty to the government by refusing to serve
properly or by aiding enemies of the state.
Article 138 (Inciting to Rebellion or Insurrection): Inciting
others to commit rebellion or insurrection is covered
under this offense.
ELEMENT
- Inciting or encouraging others to rebel or engage in insurrection against the
government.
Article 139 (Sedition): Sedition involves acts aimed at
disturbing the peace, such as inciting others to commit
violence against the government or spreading false
rumors.
ELEMENT
- There is an attempt to incite rebellion or insurrection against the government.
- These actions cause turmoil or endanger public peace or the security of the state.
Article 140 (Persons Liable for Sedition): This article
details who can be held accountable for acts of sedition.
ELEMENT
- Anyone found guilty of sedition shall be punished according to their involvement
and other factors, ranging from imprisonment to death.
Article 141 (Conspiracy to Commit Sedition): Similar to
conspiracy in coup d'etat, this involves planning or
proposing acts of sedition.
ELEMENT
- Engaging in conspiracy or offering to engage in actions aimed at causing sedition
against the government.
Article 142 (Inciting to Sedition): Similar to inciting to
rebellion or insurrection, this involves inciting others to
commit sedition.
ELEMENT
- Inciting or encouraging others to rebel or engage in sedition against the
government.
Article 143 (Acts Tending to Prevent the Meetings of
Congress and Similar Bodies): Preventing the meetings
of Congress or similar bodies by force or fraud falls
under this offense.
ELEMENT
- - Performing acts with the intent to prevent the Congress or any similar body from
convening or meeting.
Article 144 (Disturbance of Proceedings): This includes
disrupting the proceedings of Congress or similar bodies
through violent means or threats.
ELEMENT
- Engaging in actions that cause disturbance or alarm to the public.
Article 145 (Violation of Parliamentary Immunity): This
involves arresting or searching members of Congress
during session hours, except in cases of flagrant offense.
ELEMENT
- Violating the immunity granted to members of Congress or other legislative bodies
during sessions or while in transit to and from sessions.
Article 146 (Illegal Assemblies): This pertains to
gatherings that disturb public peace, especially if
armed.
ELEMENT
-typically addresses the prohibition of illegal assemblies, particularly those that
disrupt public peace, especially if they involve weapons or arms.
Article 147 (Quasi-Offense): This covers individuals who,
by their negligence, tolerance, or acquiescence, fail to
prevent illegal assemblies.
ELEMENT
- Anyone found guilty of alarm and scandal shall be punished with arresto menor or a
fine not exceeding 200 pesos.
Article 148 (Direct Assault) - Direct assault refers to the
act of making an attack, employing force, or seriously
intimidating a person in authority or any of his agents.
This assault occurs while the person in authority or his
agent is engaged in the performance of official duties or
on the occasion thereof. The offender must also know
that the victim is a person in authority or his agent in the
exercise of his duties.
ELEMENT
- Making an attack, employing force, or seriously intimidating a person in authority
or any of his agents.
- The assault occurs while the person in authority or his agent is engaged in the
performance of official duties or on the occasion thereof.
- The offender knows that the victim is a person in authority or his agent in the
exercise of his duties.
Article 149 (Indirect Assault) - Indirect assault refers to
the act of making an attack upon the person or dignity
of a person in authority or his agent. Unlike direct
assault, this assault is not done directly but is
committed after laying in wait or by sudden assault.
ELEMENT
- Making an attack upon the person or dignity of a person in authority or his agent.
- The assault is not direct but is committed after laying in wait or by sudden assault.
Article 150 (Disobedience to Summons Issued by the
National Assembly, Its Committees or Subcommittees,
the Constitutional Commissions, Its Committees,
Subcommittees or Divisions):
- Disobedience to summons refers to the act of failing
to obey summons issued by the National Assembly, its
committees or subcommittees, or the Constitutional
Commissions, its committees, subcommittees, or
divisions.
ELEMENT
- Failing to obey summons issued by the National Assembly, its committees or
subcommittees, or the Constitutional Commissions, its committees,
subcommittees, or divisions.
Article 151 (Resistance and Disobedience to a Person in
Authority):
- Resistance and disobedience refer to the act of using
force or intimidation to prevent a person in authority or
their agent from performing their legal duty. This
resistance or disobedience occurs while the person in
authority or their agent is performing official duties or
on occasion thereof.
ELEMENT
- Using force or intimidation to prevent a person in authority or their agent from
performing their legal duty.
- This resistance or disobedience occurs while the person in authority or their
agent is performing official duties or on occasion thereof.
Article 152 (Persons in Authority and Agents of Persons in
Authority):
- Persons in authority and agents of persons in
authority are defined as individuals tasked with the
maintenance of public order or the enforcement of the
law. This includes members of the military and police
force, as well as barangay officials.
ELEMENT
- Defining who are considered as persons in authority and agents of persons in
authority under the law.
Article 153 (Tumults and Other Disturbances of Public
Orders):
- Tumults and other disturbances of public order refer
to the act of causing disturbance to public peace in
public places or during tumultuous events. This
disturbance seriously disrupts public peace or causes
damage to property.
ELEMENT
- Causing disturbance to public peace in public places or during tumultuous events.
- The disturbance seriously disrupts public peace or causes damage to property.
Article 154 (Unlawful Use of Means of Publication and
Unlawful Utterances):
- Unlawful use of means of publication and unlawful
utterances refer to the act of using means of public
publication or making utterances with the intention of
causing confusion or anger against the government.
ELEMENT
- Using means of public publication or making utterances with the intention of
causing confusion or anger against the government.
Article 155 (Alarm and Scandal):
- Alarm and scandal refer to the act of engaging in any
disorderly conduct such as shouting or making noise in
public places with the intent of causing public
disturbance.
ELEMENT
- Engaging in any disorderly conduct such as shouting or making noise in public
places.
- This conduct is done with the intent of causing public disturbance.
Article 156 (Delivery of Prisoners from Jail):
- Delivery of prisoners from jail refers to the act of
rescuing or assisting in the escape of a prisoner from a
jail or penal establishment.
ELEMENT
- Rescuing or assisting in the escape of a prisoner from a jail or penal establishment.
Article 157 (Evasion of Service of Sentence):
- Evasion of service of sentence refers to the act of
failing to serve the sentence imposed by final judgment,
despite being able to do so.
ELEMENT
- Failing to serve the sentence imposed by final judgment, despite being able to do
so.
Article 158 (Evading the Service of Sentence by Inducing
a Woman to Unchastity):
- Evading the service of sentence by inducing a woman
to unchastity refers to the act of inducing a woman to
engage in unchaste acts to evade serving a sentence.
ELEMENT
- Inducing a woman to engage in unchaste acts to evade serving a sentence.
Article 159 (Harboring and Concealing Evildoers):
- Harboring and concealing evildoers refer to the act of
knowing that a crime has been committed, and yet
harboring, concealing, or assisting the escape of the
principal or accomplice of the crime.
ELEMENT
-Knowing that a crime has been committed, harboring, concealing, or assisting the
escape of the principal or accomplice of the crime.
Article 160 (Quasi-Offenses):
- Quasi-offenses refer to acts that are not directly
criminal but may result in harm or injury to others.
These acts include negligence, which leads to accidents
or injuries to individuals or property, even though there
was no intention to cause harm.
ELEMENT
- Engaging in actions that are not directly criminal but may result in harm or injury to
others.
- Examples include acts of negligence like causing an accident while driving
recklessly.