CRIMINAL LAW: BOOK II

ARTICLE 141 CONSPIRACY

COMMIT SEDITION

TO

PENALTY: Prision Correccional in its

medium period and a fine not exceeding
2,000 pesos.
There is no proposal to commit sedition.
Only conspiracy to commit sedition is
punishable. (JLB Reyes. Criminal Law II:
Book II. p. 109. 2012)
There must be an agreement and a
decision to rise publicly and tumultuously
to attain any of the objects of sedition.
(JLB Reyes. Criminal Law II: Book II. p.
109. 2012)
ARTICLE 142 INCITING TO SEDITION
PENALTY: Prision correccional in its
maximum period and a fine not
exceeding 2,000 pesos.
MODES OF INCITING TO SEDITION
AND THEIR ELEMENTS
Mode 1. Inciting others to the
accomplishment of any of the acts
which constitute sedition by means
of speeches, proclamations, writings,
emblems, etc.
Elements:
1. That the offender does not take
direct part in the crime of sedition.
2. That he incites others to the
accomplishment of any of the acts
which constitutes sedition.
3. That the inciting is done by means
of
speeches,
proclamations,
writings,
emblems,
cartoons,
banners, or other representation
tending to the same end.
Mode 2. Uttering seditious words or
speeches which tend to disturb the
public peace.
Mode 3. Writing, publishing, or
circulating scurrilous libels against

the Government or any of the duly

constituted
authorities
thereof,
which tend to disturb the public
peace.
Punishable when (Modes 2 and 3)
1. They tend to disturb or obstruct
any lawful officer in executing the
functions of his office.
2. They tend to instigate others to
cabal and meet together for
unlawful purposes.
3. They suggest or incite rebellious
conspiracies or riots.
4. They lead or tend to stir up the
people
against
the
lawful
authorities or to disturb the peace
of the community, the safety and
order of the Government.
RULES
RELATIVE
WORDS

TO

SEDITIOUS

1. The Clear and Present Danger

Rule
The words must be of such a
nature that by uttering them there
is a danger of a public uprising and
that such danger should be both
clear and imminent.
There must be a reasonable
ground to believe that the danger
apprehended is imminent and that
the evil sought to be prevented is a
serious one. There must be the
probability of serious injury to the
State.
The danger must not only be
probable but very likely inevitable.
Illustration:
A mayor who refused to
grant a permit to a political party to
hold a public meeting in Manila
upon fear that in view of the
bitterness
of
the
speeches
expected from the minority men
who were fresh from a political
defeat, there might be a breach of
the peace and of public order was
held by the court to be improper.
The danger apprehended was not

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CRIMINAL LAW: BOOK II

imminent and the evil to be
prevented was not a serious one.
(Primicias v. Fugoso, 80 Phil.71)
2. The Dangerous Tendency Rule
There is inciting to sedition
when
the
words
uttered
of
published could easily produce
disaffection among the people and
a state of feeling in them
incompatible with a disposition to
remain loyal to the government
and obedient to the laws.
If the words used tend to
create a danger of public uprising,
then those words could properly be
the subject of a penal clause.
(People v. Perez, 45 Phil. 599)
UTTERING
SPEECHES

SEDITIOUS

WORDS

OR

An accused who uttered The Filipinos,

like myself, must use bolos for cutting off
Woods head for having recommended a
bad this for the Filipinos, for he has killed
our independence against Governor
General Wood was held liable under this
article for uttering seditious words.
(People v. Perez, supra.)

authorities. The law is not aimed merely at

purpose is also to punish utterances, whi
order.
SCRURILOUS defined
Means low, vulgar, mean or foul.
(JLB Reyes. Criminal Law II: Book II. p.
111. 2012)
Espuelas v. People
90 Phil. 524
FACTS: An accused who had his
picture taken to appear as if he were
hanging lifeless. He sent copies of
the photograph to newspapers of
general circulation, with suicide note
allegedly written by a fictitious
suicide,
Alberto
Reveniera,
and
addresses to the latters supposed
wife. The note contained words that
he committed suicide because he
was
not
pleased
with
the
administration of President Roxas
and that our government is infested
with many Hitlers and Mussolinis for
which reason he can not hold high
brows to the world with this dirty
government.
He
instructed
his
children to burn pictures of Roxas if
and when they come across them

People v. NabongHELD: The letter is a scurrilous libel

57 Phil. 455
against the Government. Writings
which
tend
to
overthrow
or
FACTS: An accused who delivered a speech,
using these
words:
undermine
the security
of the
They committed a real abuse in seizing the
flag. The members
government
or to of
weaken the
the constabulary are bad because they shoot
even innocent
women,
confidence
of the
people in the
as it happened in Tayug. In view of this, we
ought to be
to the pubic
government
areunited
against
suppress that abuse. Overthrow the present
government
and not only
peace, and
are criminal
establish our own government, the government
of the
poor.tend
Use your
because
they
to incite to a
whip so that there may be marks on their sides.
breach of the peace but because
they
are
conducive
to
the
HELD: The court held that the accused manifestly
tended
to
induce
destruction of the government itself.
the people to resist and use violence against the agents of the
Constabulary and to instigate the poor to REASONS
cabal and meetWHY
together SEDITIOUS
for unlawful purpose. They also suggested
and incited
rebellious
UTTERANCES
ARE
PROHIBITED
conspiracies, thereby tending to stir up the people against the
lawful authorities and to disturb the peace Manifestly,
of the community
and the
the legislature
has authority to
order of the government.
forbid the advocacy of a doctrine
designed and intended to overthrow the
In order to be seditious, it is not necessary
that the
wordswaiting
used until there is
Government
without
should in fact result in a rising of the people
against
the
constituted
a present and immediate danger of the

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CRIMINAL LAW: BOOK II

success of the plan advocated. If the
state were compelled to wait until the
apprehend danger became certain, then
its right to protect itself would come into
being simultaneously with the overthrow
of the Government, when there would be
neither prosecuting officer not courts for
the enforcement of the law. (Giltow v.
New York, 268 U.S. 652)
____________________
CHAPTER II CRIMES AGAINST
POPULAR REPRESENTATION

the meeting. The councilors then

dispersed, leaving the premises.
HELD: Any stranger, even if he be the
municipal president himself or the
chief of municipal police, must
respect the meeting of the municipal
council presided over by the vicepresident and he has no right to
dissolve it through violence under
the pretext of lack of notice to some
members of the council, which was
not apparent, but required an
investigation
before
could
be
determined.

Section 1 Crimes against legislative

bodies and similar bodies
ARTICLE 143 ACTS TENDING TO
PREVENT THE MEETING OF THE
ASSEMBLY AND SIMILAR BODIES
PENALTY: Prision correccopnal or a fine
ranging from 200 to 2,000 pesos, or both.
Elements:
1. That there be a projected or actual
meeting of the National Assembly
(now Congress of the Philippines)
or any of its committees or
subcommittees,
constitutional
committees or divisions thereof, or
of any provincial board or city or
municipal council or board.
2. That the offender who may be any
person prevents such meeting by
force or fraud.
People v. Alipit, et.al.
(44 Phil. 910)
FACTS: The election of the municipal
president was contested on the
ground of minority. He yielded the
chair to the vice-president. The
meeting of the municipal council
prided over by the vice-president
was stopped by the chief of police
and the municipal president by
arresting the vice-president and
threatening
the
councilors with
arrest if they would continue holding

ARTICLE 144
PROCEEDINGS

DISTURBANCE

OF

PENALTY: Arresto mayor or a fine from

200 to 1,000 pesos.
Elements:
1. That there be a meeting of the
National Assembly (now Congress
of
the
Philippines)
or
its
committees
or
subcommittees,
constitutional
commissions
or
committees or division thereof, or
of any provincial board or city or
municipal council or board
2. That the offender does any of the
following acts.
a. He disturbs any of such
meetings.
b. He behaves while in the
presence of any such bodies
in such a manner as to
interrupt its proceeding or to
impair the respect due to it.
Section 2 Violation of Parliamentary
Immunity
ARTICLE
145

VIOLATION
PARLIAMENTARY IMMUNITY

OF

PENALTY: Prision Mayor if the offender is

any person. Prision correccional if the
offender is a public officer or employee.

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CRIMINAL LAW: BOOK II

Acts punishable:
1. By using force, intimidation,
threats, or frauds to prevent
any member of the National
Assembly from (1)attending
the meetings of the Assembly
or ofany of its committees or
subcommittees, constitutional
commissions or committees or
divisions thereof, or form (2)
expressing his opinions, or (3)
casting his vote.
Elements:
1. That the offender uses force,
intimidation, threats or fraud;
2. That the purpose of the
offender is to prevent any
member
of
the
National
Assembly from:
a. Attending the meetings
of the Assembly or of any
of its committees or
constitutional
commissions, etc.; or
b. Expressing his opinions;
or
c. Casting his vote
Note: The offender is any
person

crime punishable under the

Code by a penalty higher that
prision mayor.
Constitutional Mandate
Sec. 11, Art VI
A senator or Member of the House
of Representatives shall, in all offenses
punishable by nit more than six years
imprisonment, be privileged from arrest
while the Congress is in session. No
member shall be questioned nor be held
liable in any other place for any speech or
debate in the Congress or in any
committee thereof.
The provision exempts member of
Congress from arrest, while the Congress
is in session, for all offenses punishable
by a penalty less than prision mayor.
However, a public officer who arrests a
member of Congress who has committed
a crime punishable by prision mayor (6
years and 1 day to 12 years) is not liable
under Article 145. (JLB Reyes. Criminal
Law II: Book II. p. 121. 2012)
____________________

2. By arresting or searching any

member thereof while the
National Assembly is in regular
or special session, except in
case
such
member
has
committed a crime punishable
under the Code by a penalty
higher than prision mayor.
Elements:
1. That the offender is a public
officer or employee.
2. That the arrests or searches any
member
of
the
national
Assembly.
3. That the Assembly, at the time
of arrest or search, is in regular
or special session,
4. That the member arrested or
searched has not committed a

CHAPTER III ILLEGAL ASSEMBLIES

AND ASSOCIATIONS
ARTICLE 146 ILLEGAL ASSEMBLIES
PENALTY:
ORGANIZERS OR LEADERS Prision
correccional in its maximum period
to prision mayor in its medium
period.
PERSONS MERELY PRESENT
Arresto Mayor.
PERSONS
MERELY
PRESENT
(ARMED) Prision Correccional.
What are Illegal Assemblies?
1. Any
meeting
attended
by
armed persons for the purpose

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CRIMINAL LAW: BOOK II

of committing any of the
crimes punishable under the
Code.
Requisites:
a. That there is a meeting, a
gathering or group of persons,
whether in a fixed place or
moving.
b. That the meeting is attended by
armed persons.
c. That the purpose of the meeting
is to commit any of the crimes
punishable under the Code.
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.
Requisites:
a. That there is a meeting, a
gathering or group of persons,
whether in a fixed placed or
moving.
b. That the audience, whether
armed or not, is incited to the
commission f the crime of
treason,
rebellion
or
insurrection, sedition or direct
assault.
Meeting defined
A gathering or group, whether in a
fixed placed or moving, is included in the
word meeting. (JLB Reyes. Criminal Law
II: Book II. p. 125. 2012)
The persons merely present at the
meeting must have a common intent to
commit the felony of illegal assembly. The
absence of such intent may exempt the
person present from criminal liability. (JLB
Reyes. Criminal Law II: Book II. p. 124.
2012)

ARTICLE
147
ASSOCIATIONS

ILLEGAL

PENALTY:
FOUNDERS,
DIRECTORS,
AND
PRESIDENTS OF ASSOCIATION
Prision Correccional in its minimum
and medium periods and a fine not
exceeding 1,000 pesos.
MERE MEMBERS Arresto Mayor.
Illegal Associations
1. Association totally or partially
organized for the purpose of
committing any of the crimes
punishable under the Code.
2. Associations totally or partially
organized
for
some
purpose
contrary to public morals.
ILLEGAL ASSOCIATION VS. ILLEGAL
ASSEMBLY
ILLEGAL
ASSOCIATION

ILLEGAL
ASSEMBLY

It is not necessary
that there be an
actual meeting

It is necessary that
there
is
actual
meeting
or
assembly of armed
person.
It is the meeting
and attendance at
such meeting that
are punished.

It is the act of
forming
or
organizing
and
membership in the
association that are
punished.
Persons liable:
1. The
founders,
directors and
president
2. The
members

Persons liable:
1. The
organizers or
leaders
of
the meeting
2. The
person
present
at
meeting.

____________________
CHAPTER IV ASSAULT UPON, AND
RESISTANCE AND DISOBEDIENCE TO,

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CRIMINAL LAW: BOOK II

PERSONS IN AUTHORITY AND THEIR
AGENTS
ARTICLE 148 DIRECT ASSAULTS
PENALTY:
SIMPLE
ASSAULT

Prison
Correccional in its minimum period
and a fine not exceeding 500
pesos.
QUALIFIED ASSAULT Prision
Correccional in its medium and
maximum periods and a fine not
exceeding 1,000 pesos
TWO WAYS OF COMMITING
CRIME OF DIRECT ASSAULT

THE

1. Without public uprising, by

employing force or intimidation
for the attainment of any of the
purposes
enumerated
in
defining the crimes of rebellion
and sedition.
Elements:
a. That the offender employs force or
intimidation.
b. That the aim of the offender is to
attain any of the purposes of the
crime of rebellion or any of the
objects u the crime of sedition.
c. That there is no public uprising.
2. Without public uprising, by
attacking, by employing force,
or by seriously intimidating or
seriously resisting any person
in authority or any of his
agents, while engaged in the
performance of official duties,
or on the occasion of such
performance.
Elements:
a. That the offender;
i.
Makes an attack
ii.
Employs force
iii.
Makes a serious intimidation
iv.
Makes a serious resistance
b. That the person assaulted is a
person in authority or his agent.

c. That at the time of the assault the

person in authority or his agent;
i.
Is engaged in the actual
performance of official duties
ii.
That he is assaulted by
reason
of
the
past
performance
of
official
duties.
d. That the offender knows that the
one he is assaulting is a person in
authority or his agent in the
exercise of his duties.
e. That there is no pubic uprising.
When the accused, without public
uprising, compelled by fore the municipal
president to go with them to the
municipal building and detained him
there, they inflicted an act of hate or
revenge upon a public officer. This is one
of the objects of sedition which the
accused aimed to attain, thus, he is liable
under the first form of direct assault. (US
v. Dirain 4 Phil. 541)
Degree of Force, Intimidation, or Resistance
to Person in Authority or his Agent.

DEGREE
OF
Force
Intimidati
on
Resistanc
e

PERSON IN
AUTHORITY
Need not be
serious.
It must be
serious
in
character
It must be
serious
in
character

AGENT OF
PERSON IN
AUTHORUTY
It must be of
a
serious
character.
It must be
serious
in
character
It must be
serious
in
character

The reason for the difference in the rule

as regards the degree of force employed
when the offended party in direct assault
is a person in authority is that the penalty
is even higher when the offender lays
hands upon a person in authority. (JLB
Reyes, Criminal Law II: Book II, p. 133,
2012)
PERSON IN
AUTHORITY

AGENT OF
PERSON IN
AUTHORITY

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CRIMINAL LAW: BOOK II

Any person directly
vested
with
jurisdiction,
whether
as
an
individual or as a
member or some
court
or
governmental
corporation, board,
or
commission,
shall be deemed a
person in authority.
A barangay captain
and a barangay
chairman shall also
be
deemed
a
person in authority.
(Article 152, RPC as
amended by BP
873)

Any person who, by

direct provision of
law or by election
or by appointment
by
competent
authority,
is
charged with the
maintenance
of
public order and
the protection and
security of life and
property, such as
barrio councilman
and
barrio
policeman
and
barangay
leader,
and any person
who comes to the
aid of persons in
authority, shall be
deemed an agent
of a person in
authority.
(Article
152,
RPC
as
amended by BP
873)

EXAMPLES
EXAMPLES
1. The
municipal
mayor. (US v
Gumban, 39
Phil. 761)
2. Division
superintende
nt of schools.
(People
v.
Benitez, 73
Phil. 671)
3. Public
and
private
school
teachers.
(Art. 152, as
amended by
RA 1978)
4. Teachernurse.
Sarcepuedes
v. People, 90
Phil. 228)
5. President of

1. Policemen.
(US v. Cox, 3
Phil. 140)
2. Municipal
treasurer
(Provincial
Treasurer is
the person in
authority).
(People
v.
Ramos
57
Phil. 462)
3. Postmaster
(Director of
Post is the
person
in
authority).
(People
v.
Acierto,
57
Phil. 614)
4. Rural
policeman
who is duly

sanitary
division.
(People
v.
Quebral, et
al., 73 Phil.
640)
6. Jucstice
of
the
Peace.
(US
v.
Garcia,
20
Phil. 358)

appointed by
the
mayor.
(People
v.
Dosal,
92
Phil. 877)
5. Sheriff.
(People
v.
Hernandez,
59 Phil. 343)
6. Barangay
Chief Tanod.
(People
v.
Recto,
GR
No. 129069,
October 17,
2001)

IN THE
PERFORMANCE
OF OFFICIAL
DUTY

ON OCCASION OF
SUCH
PERFORMANCE
OF OFFICIAL
DUTY
Motive
is Evidence of motive
immaterial.
of the offender is
important.
Direct assault is qualified
1. When the assault is committed
with a weapon; or
2. When the offender is a public
officer or employee; or
3. When the offender lays hand upon
a person in authority.
When the assault results in the killing of
that agent or of a person in authority, the
offense committed is complex crime of
direct assault with murder or homicide, as
the case may be (People v. Manigbas, et
al., GR Nos. L-10352-53, September 30,
1960). However, when the material
consequence is a light felony (slight
physical injuries), it is absorbed in the
crime of direct assault, as the same is the
necessary consequence of the force or
violence inherent in all kinds of assault.
(People v. Acierto, 57 Phil. 614)
ARTICLE 149 INDIRECT ASSAULTS

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CRIMINAL LAW: BOOK II

PENALTY: Prision Correccional in its
minimum and medium periods and a fine
not exceeding 500 pesos.
Elements:
1. That a person in authority or his
agent is the victim of any of the
forms of direct assault defined in
Article 148.
2. That a person comes to the aid of
such authority of his agent.
3. That the offender makes use of
force or intimidation upon such

person coming to the aid of the

authority or his agent.
Indirect assault can be committed only
when a direct assault is also committed.
(JLB Reyes. Criminal Law II: Book II. p.
147. 2012)
The offended party in indirect assaults
may be a private person. (JLB Reyes.
Criminal Law II: Book II. p. 148. 2012)

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