Criminal Law › The Revised Penal Code – Book Two › Title III – Crimes Against Public Order
1. All except Arts. 146–147 and 160
Complaint for disturbance of proceedings may be filed by a member of a legislative body
The crime punished under Article 144 may be prosecuted de oficio. Hence, it may be commenced upon the written complaint of a member of the Municipal Board the proceedings of which were disturbed or interrupted although such member was not authorized by the rules or a resolution of the Board. (REYES, BOOK TWO, p.119 citing People v. Lapid C.A. 59 O.G. 4059)
Art. 145. Violation of Parliamentary Immunity
- Any person who shall use force, intimidation, threats or fraud to prevent any member of either House of the Legislature from attending the meetings thereof, from expressing his opinions, or casting his vote
- Any public officer or employee who shall, while the Legislature is in session, knowingly arrest or search any member thereof, except in case such member has committed a crime punishable under this Code by a penalty higher than Prisión Mayor
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Art. 152. Persons in Authority and Agents of Persons in Authority — Who Shall Be Deemed As Such
Persons in authority
- Those directly vested with jurisdiction, whether as an individual, or as a member of some court or governmental corporation board or commission
- One who has the power or authority to govern and execute laws
(Not every public officer is a person in authority.)
Agents
- Those who, by direct provision of law, or by election, or appointment by competent authority, are charged with the maintenance of public order and the protection and security of life and property
- Any person who comes to the aid of persons in authority
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NOTE: In applying the provisions of Arts. 148 and 151 of the RPC, teachers, professors and persons charged with the supervision of public or duly recognized private schools, colleges and universities, and lawyers in the actual performance of their professional duties or on the occasion of such performance, shall be deemed persons in authority. (P.D. No. 299, and B.P. Blg. 873)
The foregoing does not, however, apply to cases of Indirect Assault (Art. 149).
Notes:
- Serious disturbance must be planned or intended.
- If the act of disturbing or interrupting a meeting or religious worship is committed by a private individual, or even by a public officer who is a participant in the meeting or religious worship which he disturbs or interrupts, this article is applicable.
- This crime will be prosecuted separately with physical injuries if, in the course of causing a disturbance, offenders injure other people. (People v. Bacolod, 89 Phil. 621 as cited in, REYES, BOOK TWO, p.164)
- Burying with pomp means ostentatious display of a burial.
Authorities
- , Sec. 144
- People v. Bacolod, G.R. No. L-2578, 31 July 1951
- People v. Lapid, G.R. No. C.A. 59 O.G. 4059