Summary
Highlights
The session begins with an introduction to Title 3, focusing on crimes against public order. The instructor, Ricardo Mariano, outlines the house rules and the teaching activities, including discussions and analysis of felonies, noting a slight adjustment to the usual structure due to time constraints.
Chapter 1 covers rebellion, sedition, and disloyalty. Article 134 defines rebellion or insurrection, 134A introduces coup d'état, and 135 discusses penalties. Article 136 highlights the unusual punishability of conspiracy and proposal for these crimes. Disloyalty of public officers (137) and inciting to rebellion (138) are also introduced. The chapter concludes with sedition (139), its penalty (140), conspiracy to commit sedition (141), and inciting to sedition (142).
Chapter 2 focuses on crimes against popular representation. Section 1 deals with acts against legislative bodies, specifically Article 143 (preventing meetings of Congress) and 144 (disturbance of proceedings). Section 2 addresses violation of parliamentary immunity (145).
Chapter 3 covers illegal assemblies (146) and illegal associations (147). Chapter 4 discusses assault upon and resistance to persons in authority. This includes direct assaults (148), indirect assaults (149), disobedience to summons (150), resistance and disobedience to persons in authority (151), and defines who constitutes persons in authority and their agents (152).
Chapter 5 deals with public disorders, including tumults and disturbances (153), unlawful use of publication (154), alarms and scandals (155), and delivery of prisoners from jail (156). Chapter 6 discusses evasion of service of sentence (157), including during calamities (158) and other cases (159). Chapter 7 introduces the commission of another crime during service of penalty, also known as quasi-recidivism (160).
Rebellion and insurrection are defined as armed public uprising against the government. Key points include being a crime of masses, its distinction from treason (can be committed in peacetime, requires taking up arms), and the absorption theory, where other crimes committed during rebellion are considered part of the rebellion itself. The difference between rebellion and terrorism is also discussed, highlighting their distinct objectives and the relationship between RA 9372 (Human Security Act) and Article 134.
Coup d'état (kudeta), introduced as Article 134A, is defined as a swift, violent attack against constituted authorities by military, police, or public officials, with or without civilian support, aiming to seize or diminish state power. The key differentiator from rebellion is the perpetrators being government officials. Penalties for rebellion, insurrection, and coup d'état depend on the degree of participation (leader vs. participant).
Conspiracy and proposal to commit rebellion, insurrection, or coup d'état are punishable even in their inchoate forms due to the gravity of the potential crime. Disloyalty of public officers (Article 137) is committed when officials fail to resist rebellion, continue duties under rebels, or accept appointments from them. Inciting to rebellion (Article 138) involves encouraging others without taking up arms.
Sedition (Article 139) is committed by tumultuous public uprisings to achieve specific objectives outside legal methods, such as preventing law promulgation or elections. The penalties for sedition are generally lower than for rebellion. Conspiracy to commit sedition (141) and inciting to sedition (142) are also discussed, with rules like the 'clear and present danger' rule and 'dangerous tendency' rule determining punishability.
Acts tending to prevent meetings of Congress and similar bodies (Article 143) involve using force or fraud. Disturbance of proceedings (Article 144) pertains to interrupting or disrespecting such bodies. Violation of parliamentary immunity (Article 145) occurs when a member of parliament is restricted from legislative functions or unlawfully arrested/searched while Congress is in session for minor crimes.
Illegal assemblies (Article 146) involve gatherings intended to cause violence or disturbance, or even non-violent ones that instill fear. Illegal associations (Article 147) are groups formed for committing crimes or engaging in activities contrary to public morals. The distinction lies in whether it's a meeting (assembly) or the formation of the group itself (association).
Direct assault (Article 148) is committed against a person in authority or their agent, without public uprising, by force or intimidation. It can also be committed if the attack is due to their official duties. Indirect assault (Article 149) occurs when force is used against someone aiding a person in authority or their agent during a direct assault. The instructor emphasizes that direct assault can involve either a person in authority or their agent as the victim, and these crimes can be complexed with murder or homicide.
Disobedience to summons (Article 150) applies to those who refuse to obey summons from Congress, constitutional commissions, or their committees, or refuse to be sworn in, answer legal inquiries, or produce documents. Resistance and disobedience (Article 151) involves resisting or seriously disobeying a person in authority or their agent while they are performing official duties, as long as it does not fall under direct assault or other specific articles. This section clarifies who are considered persons in authority (e.g., judges, mayors, teachers, lawyers) and their agents (e.g., police officers).
Tumults and other disturbances (Article 153) involve serious disturbances in public places or interruptions of peaceful meetings, not covered by prior articles. Unlawful use of means of publication and unlawful utterances (Article 154) cover publishing false news, inciting disobedience, praising illegal acts, or distributing anonymous materials. Alarms and scandals (Article 155) include discharging firearms in public, engaging in charivari, or causing disturbances while intoxicated.
Delivery of prisoners from jail (Article 156) involves an outsider helping a prisoner escape or removing them by force, intimidation, or bribery. Evasion of service of sentence (Article 157) applies to convicts who escape after final judgment and have begun serving their sentence. Enhanced penalties apply if the escape involves unlawful entry. Article 158 covers evasion during disorders or calamities, with reduced penalties if a prisoner returns voluntarily. Article 159 discusses other cases of evasion, such as violating conditional pardons. Finally, Article 160 introduces quasi-recidivism, a special aggravating circumstance when a crime is committed during the service of a penalty for a previous offense.
This case involved charges of rebellion with multiple murder, arson, and robberies against Amado Hernandez and others for their alleged roles in the CPP and HMB after World War II. The Supreme Court acquitted Hernandez and some codefendants, ruling that mere membership in a political party or advocacy of communism does not constitute rebellion or conspiracy to commit rebellion unless there is an active agreement to take up arms. However, others were convicted for specific acts providing concrete support to the rebellion.
Lydia Gelig, a public school teacher, was initially convicted of direct assault with unintentional abortion against her co-teacher Micarsos after a physical altercation. The Supreme Court reinstated the direct assault conviction, emphasizing Micarsos's status as a person in authority and Gelig's knowledge of it. However, the court did not find conclusive evidence to link the assault directly to the unintentional abortion, highlighting the importance of medical evidence.
Side Deco was arrested at a checkpoint after refusing a vehicle and body search and verbally abusing a police officer. While lower courts found him guilty of violating Article 151 (resistance and disobedience), the Supreme Court acquitted him, stating that his refusal was not unlawful because the police officers' demand for a search without a warrant or probable cause (beyond plain view) was themselves illegal. Impoliteness is not a crime if the order being resisted is unlawful.
The instructor provides administrative announcements regarding the upcoming midterm exam, which will cover Titles 3, 4, 5, and 6. He details the schedule for quiz, recitation, and the exam itself. Students are also assigned to write down the contents of Titles 3-6 in their record books to prepare for the finals, hinting that these topics will be extensive.