Criminal Law (Philippines) - Crimes Against Public Order

The video introduces the topic of crimes against public order, categorizing over 20 specific crimes into seven main groups to facilitate understanding. These groups include rebellion, sedition, illegal assemblies vs. associations, coup d'état, direct vs. indirect assault, serious vs. simple disobedience, evasion of service of sentence, and quasi-recidivism.

Rebellion (Article 134) involves a public uprising and taking of arms against the government with the purpose of overthrowing it. A key point is that rebellion cannot be complexed with other crimes if committed in its furtherance. Coup d'état (Article 134-A) is distinguished by its perpetrators (military, police, or public officials) and methods (swift attack to seize or diminish state power). Both are frequently tested in bar examinations, often requiring differentiation from each other and from sedition and treason.

Sedition involves public and tumultuous uprising using force or intimidation to achieve political or social ends, such as preventing law promulgation or affecting public officers/private persons. Unlike rebellion, sedition's purpose can be social. The video also covers responsibility for rebellion/insurrection, conspiracy, and inciting to rebellion/sedition, highlighting that conspiracy and proposal to commit rebellion are punishable, while only conspiracy to commit sedition is punishable, not the proposal.

Violation of parliamentary immunity (Article 145) occurs by preventing a member of Congress from attending meetings or expressing opinions, or by arresting/searching them during session, unless for a serious crime. Illegal assemblies involve armed persons meeting to commit crimes, or an audience being incited to treason, rebellion, sedition, or assault. Illegal associations are organized to commit crimes or are contrary to public morals. Organizers and members are liable for these crimes.

A crucial distinction is made between persons in authority (e.g., barangay captain, teachers, those with jurisdiction) and agents of persons in authority (e.g., police, sheriff, those maintaining public order). Direct assault (Article 148) involves employing force or intimidation without public uprising to achieve goals similar to rebellion/sedition, or attacking a person in authority/agent during or because of their official duties. Indirect assault (Article 149) occurs when an offender assaults someone who aids a person in authority or their agent during a direct assault.

Serious (Article 151) and simple disobedience differentiate based on the seriousness of resisting a person in authority or agent. Public disorders include tumults (disturbances in public places), interruption of public performances, inciting rebellion/sedition through outcries or emblems, and bearing bodies of legally executed persons with pomp. Alarms and scandals (Article 155) involve discharging firearms, causing charivari, disturbing peace at night, or causing scandal while intoxicated.

Delivering prisoners from jails (Article 156) refers to helping a confined person escape. Evasion of service of sentence can occur by escaping during the term of sentence (Article 157). Article 158 covers evasion during disorders like calamities, where a convict fails to return to authorities within 48 hours after a proclamation. Violation of conditional pardon (Article 159) occurs when a pardoned convict breaches the pardon's conditions. Quasi-recidivism (Article 160) is committed when an offender, already convicted by final judgment, commits another felony before or during the service of the prior sentence.