C. Title III – Crimes Against Public Order

Crimes Against Public Order (Arts. 134-160)

Misfeasance:

• Knowingly rendering unjust judgment;
• Rendering judgment through negligence;
• Rendering unjust interlocutory order; and
• Malicious delay in the administration of justice

Elements:

• That the offender is a Judge; and
• That he performs any of the following acts:
• Knowingly renders an unjust interlocutory order or decree, or
• Renders a Manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance

Interlocutory order - one issued by the court deciding a collateral or incidental matter; it is not a final determination of the issues of the action or proceeding.

Note: Test in determining whether an order or judgment is interlocutory or final - “Does it leave something to be done in the trial court with respect to the merits of the case?” If it does, it is interlocutory; if it does not, it is final.

Example: An order granting preliminary injunction or an order appointing a receiver is an interlocutory order.

Art. 207. Malicious Delay in the Administration of Justice

Any judge guilty of malicious delay in the administration of justice

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Things to prove (Elements of the crime of Brigandage):

• There is an organization of more than 3 armed persons forming a band of robbers;
• The purpose of the band is any of those enumerated above;
• They go upon the highway or roam upon the country for that purpose; and
• The accused is a member of the band.

Art. 307. Aiding and Abetting a Band of Brigands

When preventing is not considered Coercion but is covered by some other provision:

• When a public officer prevents the ceremonies of a religious group under Art. 132;
• When a person prevents the meeting of a legislative assembly under Art. 143; and
• When a person prevents a member of Congress from attending meetings, expressing his opinions, or casting his vote through the use of force or intimidation, under Art. 145

Sedition in general

• Sedition is the raising of commotions or disturbances in the State.
• It can be committed by both private and public persons
• Its object is generally a violation of public peace
• It is committed tumultuously; it cannot be committed by one person alone.
• Something is considered tumultuous if it involves at least four (4) men with weapons or other means of violence.
• Multiple people with no arms or means of violence at all cannot commit sedition.
• Common crimes are not absorbed in sedition.

Note: Concurrence of public uprising and purpose of sedition is required. When one is absent, it is not sedition.

Punishable Acts:

• Inciting others to sedition by means of speeches, proclamations, writings, emblems, cartoons, banner or other representations tending to the same end;
• Uttering seditious words or speeches, which tend to disturb the public peace;
• Writing, publishing, or circulating scurrilous libels against Government or any of its duly constituted authorities;
• Knowingly concealing such evil practices

Elements:

• That there be a criminal proceeding;
• Offender testifies falsely therein, under oath
• The testimony is against the defendant therein;
• Offender knows that his testimony is false; and
• The defendant against whom the false testimony is given is either acquitted or convicted in a final judgment.

Uttering and writing: when punishable (Acts 2 & 3)

• When they tend to disturb or obstruct any public officer in executing the functions of his office;
• When they tend to instigate others to cabal and meet together for unlawful purposes;
• When they suggest or incite rebellious conspiracies or riots; or
• When 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

Private individual offender

If the offender is a private individual, the crime is Disturbance of Public Order (Art. 153).

When disturbance created by participant

The crime can be committed by a participant or nonparticipant who disturbs the proceedings specified in Art. 144. It could however amount to unjust vexation.

Art. 132. Interruption of Religious Worship

Any public officer or employee who shall prevent or disturb the ceremonies or manifestations of any religion

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Elements:

• That the officer is a Public officer or employee;
• That Religious ceremonies or manifestations of any religion are about to take place or are going on; and
• That the Offender prevents or disturbs the same.

Mutiny

• A Vessel is on the high seas or in Philippine waters;
• Offenders – Members of its complement or passengers of the vessel; and
• The offenders unlawfully resist a superior, or raise commotions and disturbances on board the vessel against the authority of its commander

Art. 146. Illegal Assemblies

Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under this Code, or any meeting in which the audience is incited to the commission of the crime of treason, rebellion or insurrection, sedition, or assault upon a person in authority or his agents.

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Reading of bible

Reading of Bible and then attacking certain churches in a public plaza is not a ceremony or manifestation of religion but only a meeting of a religious sect; hence, only Art. 131 was violated.

Meeting

The word 'meeting' includes a gathering or group, whether in a fixed place or moving.

Note: Not all the persons present at the meeting of the first form of illegal assembly must be armed, it is sufficient that at least two persons are armed. If none of the persons present in the meeting are armed, there is no crime of illegal assembly.

Forms of Illegal Assembly Compared

Mutiny

It is the unlawful resistance to a superior, or the raising of commotions and disturbances on board a ship against the authority of its commander.

Art. 147. Illegal Associations

Associations totally or partially organized for the purpose of committing any of the crimes punishable under this Code or for some purpose contrary to public morals

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Illegal Associations and Illegal Assembly, Distinguished

Art. 148. Direct Assault

Any person or persons who, without a public uprising, shall employ force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition, or shall attack, employ force, or seriously intimidate or resist any person in authority or any of his agents while engaged in the performance of official duties or on occasion of such performance

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Two forms of Direct Assault

• Without public uprising, by employing force or intimidation for attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition (1st Form);

Elements:

• Offender employs Force or Intimidation;
• AIM of offender is to attain any of the purposes of the crime of rebellion or sedition; and
• There is NO Public Uprising.

Note: Offended party here may be a private person

• Without public uprising, by attacking, by employing force (against), or by seriously intimidating or by 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. (2nd form)

Elements:

• Offender (a) makes an Attack, (b) employs Force, (c) makes a Serious Intimidation, or (d) makes a Serious Resistance;
• Person assaulted is a Person in Authority or his Agent;
• At the time of the assault, the person in authority or his agent
• is engaged in the actual performance of official duties (motive is not essential); or
• is assaulted by reason of the past performance of official duties (motive is essential);
• The offender knows that the one he is assaulting is a person in authority or his agent and intends to offend, injure or assault; and
• No Public Uprising.

Distinguished from Sedition

Although both involve the intent to obstruct the performance of public functions, the element of public and tumultuous uprising is not present in Article 328.

Art. 329. Other Mischiefs

Mischiefs not included in Art. 328

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Elements of Resistance or Serious Disobedience:

• A Person in Authority or his Agent is engaged in performance of official duties;
• The Offender Resists or Seriously Disobeys; and
• Acts of the offender are Not included in Arts. 148-150

Note: There can be no resistance and serious disobedience when done against a PiA/Agent only on occasion of the latter’s past performance of official duties. There always has to be an actual performance of duties when the resistance or serious disobedience is made.

Elements of Simple Disobedience:

Agent is Engaged in the performance of official duty or Gives a lawful order; Offender Disobeys a lawful order of an agent of a person in authority; and Disobedience is Not of a Serious nature.

Note: Only agents can be the victims of simple disobedience.

Art. 153. Tumults and Other Disturbances of Public Order

Any person who shall cause any serious disturbance in a public place, office, or establishment, or shall interrupt or disturb public performances, functions or gatherings, or peaceful meetings, if the act is not included in the provisions of Articles 131 and 132

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Punishable Acts:

• Causing any serious disturbance in a public place, office, or establishment;
• Interrupting or disturbing performances, functions, or gatherings, or peaceful meetings, if the act is not included in Arts. 131 and 132;
• Making any outcry tending to incite rebellion or sedition in any meeting, association, or public place;
• Displaying placards or emblems which provoke a disturbance of public order in such place; and
• Burying with pomp the body of a person who has been legally executed.

Third Act of Tumults and Disturbance of Public Disorder and Inciting To Sedition or Rebellion, Distinguished

Punishable Acts:

• Publishing or causing to be published, by means of printing, lithography or any other means of publication, as news any false news which may endanger the public order, or cause damage to the interest or credit of the State;
• Encouraging disobedience to the law or to the constituted authorities or praising, justifying or extolling any act punished by law, by the same means or by words, utterances or speeches;
• Maliciously publishing or causing to be published any official resolution or document without proper authority, or before they have been published officially; and
• Printing, publishing or distributing or (causing the same) books, pamphlets, periodicals or leaflets which do not bear the real printer’s name, or which are classified as anonymous

Punishable Acts:

• Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, “calculated to cause” (which produces) alarm or danger;
• Instigating or taking active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility;
• Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusement; and
• Causing any disturbance or scandal in public places while intoxicated or otherwise, provided the act is not covered by Art. 153 (tumults).

Notes:

• Charivari – mock serenade or discordant noises made with kettles, tin horns etc., designed to deride, insult or annoy
• If the offender shoots at another person with a firearm, Art. 254 applies, unless the facts constitute frustrated or attempted parricide, murder, homicide, or another crime for which a higher penalty is prescribed by the Revised Penal Code.
• For discharging any firearm, etc., the act must produce alarm or danger as a consequence. It is the result, not the intent, that counts
• Using firecrackers during fiestas are not punishable under this article.

2. THE CRIME BE COMMITTED IN CONTEMPT OF OR WITH INSULT TO THE PUBLIC AUTHORITIES (PAR. 2)

5. THE CRIME BE COMMITTED:

a. In the palace of the Chief Executive, or

b. In his presence, or

c. Where public authorities are engaged in the discharge of their duties, or

d. In a place dedicated to religious worship. (PAR. 5)

Other public authorities must be actually engaged in the performance of duty

As regards the place where the public authorities are engaged in the discharge of their duties, there must be some performance of public functions. (Id)

PLACES DEDICATED TO RELIGIOUS WORSHIP REQUISITES:

• The crime occurred in a place dedicated to the worship of God regardless of religion;
• The place must be exclusively dedicated to public religious worship; private chapels are not included; and
• There must be intention to desecrate the place dedicated to public religious worship.

Cemeteries are not considered as places dedicated to worship. (Id)

Public Authorities Engaged in Discharge of Duties vs. Contempt/Insult to Public Authorities