CHAPTER ONE.

REBELLION, SEDITION, AND DISLOYALTY

Crime Elements Important Points to Remember Penalty

REBELLION OR 1. There be a public Rebellion – a crime of masses – a vast movement of reclusion

INSURRECTION   uprising and taking arms men and a complex net of intrigues and plots – where perpetua – any
against the Government   the object of the movement is completely to person who
Art. 134. How   overthrow and supersede the existing government.  promotes,
Committed. — The crime 2. The purpose of the   maintains or
of rebellion or uprising or movement is Insurrection – a movement which seeks merely to heads rebellion
insurrection is committed either:   effect some change of minor importance, or to prevent or insurrection
by rising publicly and (a) to remove from the the exercise of governmental authority with respect to
taking arms against the allegiance to said particular matters or subject 
Government for the government or its laws:    
purpose of removing from        i. the territory of the Rebellion distinguished from Subversion – reclusion
the allegiance to said Philippines or any part Rebellion is a crime against public order; Subversion temporal – any
Government or its laws, thereof; or   – like treason, against national security  person merely
the territory of the        ii. any body of land,   participating or
Philippine Islands or any naval or other armed Rebellion distinguished from Treason:   executing
part thereof of any body forces; or   1. Purpose:  commands of
of land, naval or other Rebellion – levying of war during peace time for any others
armed forces, or of (b) to deprive the Chief of the purposes abovementioned;  
depriving the Chief Executive or Congress, Treason – levying war, in collaboration with foreign
Executive or the wholly or partially, of enemy, against the government for the purpose
Legislature, wholly or any of their powers or delivering the country in whole or in part to said
partially, of any of their prerogatives  enemy during wartime  
powers or prerogatives.  
2. Manner of Committing: 
Rebellion always involves taking up arms against
government; Treason may be committed by mere
adherence to the enemy, giving aid or comfort 

Note: 
1. Actual clash of arms with the forces of the
government is not necessary to convict the accused
who is in conspiracy with others actually taking arms
against the government  
 
2. It is not necessary that the rebels succeed in
overthrowing the government to consummate the
crime of rebellion, the very moment a group of rebels
rise publicly and take arms against the government for
the purpose of overthrowing the same by force
consummates the crime. 
 
3. Giving aid or comfort not criminal in rebellion  
 
4. Mere silence or omission is not punishable in
rebellion  
 
5. It is not a defense in rebellion that the accuse never
took the oath of allegiance to, or that they never
recognized the government because it would negate
the right of the government to maintain its existence
and authority against a certain class of population. 
 
6. Those who killed persons in pursuance of
movement to overthrow government are liable for
rebellion only  
  Crime Elements Important Points to Remember Penalty

COUP D'ETAT   1. Offender is a person(s) 1. Coup d’etat may be committed with or reclusion perpetua – an

belonging to the military or without civilian participation   y person who leads or in
Art. 134-A. How police or holding any public   any manner directs or
committed. — The crime office or employment   Political Offense Doctrine – common commands others to
of coup d'etat is a swift   crimes perpetrated in furtherance of a undertake
attack accompanied by 2. It is committed by means political offense are divested of their a coup d'etat  
violence, intimidation, of a swift attack accompanied character as a common offense and  
threat, strategy or stealth, by violence, intimidation, assume the political complexion of the prision mayor in its
directed against duly threat, strategy or stealth   main crime of which they are mere maximum period – any
constituted authorities of   element and, consequently, cannot be person in the
the Republic of the 3. The attack is directed punished separately from the principal government service who
Philippines, or any military against duly constituted offense, or complexed with the same to participates, or executes
camp or installation, authorities of the Philippines, justify the imposition of penalty.  directions or commands
communications network, or any military camp or   of others in undertaking
public utilities or other installation, communication Political Crimes  a coup d'etat 
facilities needed for the networks, public utilities or (1) those directly aimed against the  
exercise and continued other facilities needed for the political order  reclusion temporal in its
possession of power, exercise and continued (2) common crimes which may be maximum period – any
singly or simultaneously possession of power   committed to achieve a political purpose person not in the
carried out anywhere in the   - the decisive factor is the intent or government service who
Philippines by any person 4. The purpose of the attack motive participates, or in any
or persons, belonging to is to seize or diminish state manner supports,
the military or police or power finances, abets or aids in
holding any public office undertaking
of employment with or a coup d'etat 
without civilian support or
participation for the
purpose of seizing or
diminishing state power.

Persons Liable for Rebellion, Insurrection and/or Coup d’etat:  

Art. 135. Penalty for rebellion, insurrection or a. Leaders  
coup d'etat. —          Any person who promotes, maintains,         i. any person who promotes, maintains, or heads a rebellion or
or heads rebellion or insurrection shall suffer the penalty insurrection  
of reclusion perpetua.          ii. any person who leads, directs, or commands others to
      Any person merely participating or executing the undertake a coup d’etat  
commands of others in a rebellion shall suffer the penalty b. Participants  
of reclusion temporal.           i. Any person who participates or executes the commands of
     Any person who leads or in any manner directs or others in rebellion or insurrection 
commands others to undertake a coup d'etat shall suffer the         ii. Any person in the government service who participates, or
penalty of reclusion perpetua.  executes directions or commands of others in undertaking
    Any person in the government service who participates, a coup d’etat  
or executes directions or commands of others in         iii. Any person not in the government service who participates,
undertaking a coup d'etat shall suffer the penalty supports, abets, or aids in undertaking a coup d’etat 
of prision mayor in its maximum period.   
   Any person not in the government service who Hernandez Ruling: prohibits the complexing of rebellion with any
participates, or in any manner supports, finances, abets or other offense committed on the occasion thereof, either as a means
aids in undertaking a coup d'etat shall suffer the penalty of commission, in furtherance of the subversive ends described in
of reclusion temporal in its maximum period.  Art. 134, or as an intended effect of an activity that constitutes
    When the rebellion, insurrection, or coup d'etat shall rebellion. Hence, absorbed in rebellion and cannot be regarded or
be under the command of unknown leaders, any person penalized as distinct crimes themselves. 
who in fact directed the others, spoke for them, signed  
receipts and other documents issued in their name, or Note: 
performed similar acts, on behalf or the rebels shall be 1. Membership in a rebel organization does not automatically qualify
deemed a leader of such a rebellion, insurrection, criminal acts as absorbed in rebellion. Hence, when killing, robbing,
or coup d'etat. etc. for a private purpose or profit, without any political motivation,
would be separately punished and would not be absorbed in the
rebellion
 Crime Elements Important Points to Remember Penalty
CONSPIRACY AND PROPOSAL
TO COMMIT COUP D'ETAT, Conspiracy to 1. Merely agreeing and deciding to Conspiracy to
REBELLION OR Commit Coup D’etat  rise publicly and take arms against the Commit Coup
1. two or more persons  
INSURRECTION government for the purposes of D’etat - prision
2. agreed to remove and seize
the government and its
rebellion or merely proposing the mayor in minimum
Art. 136. The conspiracy and powers   commission of said acts is already period and a fine
proposal to commit coup d'etat shall 3. decide to commit it subject to punishment   not exceeding
be punished by prision mayor in   ₱1,000,000.00
minimum period and a fine which 2. No conspiracy when there is no
shall not exceed one million pesos agreement and no decision to commit
(₱1,000,000). Conspiracy to Commit rebellion  Conspiracy to
Rebellion or Insurrection  Commit Rebellion
The conspiracy and proposal to
1. two or more persons  
commit rebellion or insurrection or Insurrection -
2. agreed to rise publicly and
shall be punished respectively, by take arms against the
prision
prision correccional in its maximum government for any of the correccional in its
period and a fine which shall not purposes of rebellion   maximum period
exceed one million pesos 3. decide to commit it and a fine not
(₱1,000,000) and by prision exceeding
correccional in its medium period ₱1,000,000.00
and a fine not exceeding four Proposal to
hundred thousand pesos (₱400,000). Proposal to Commit Commit Rebellion
Rebellion or Insurrection  or Insurrection -
1. committed by a person  
prision
2. who decided to rise
publicly and take arms against
correccional in its
the government for any of the medium period and
purposes of rebellion  a fine not
3. proposes its execution to exceeding
another person(s) ₱400,000.00

DISLOYALTY OF PUBLIC 1. Offender is a public officer 1. The crime of disloyalty of public prision
OFFICERS OR EMPLOYEES   or employee   officers presupposes the existence of correccional in its
  rebellion by other persons to be resisted or minimum period
2. Commits any of the at least, the place is under the control of
Art. 137. The penalty
following acts of disloyalty:   rebels 
of prision correccional in its a. Failing to resist a rebellion  
minimum period shall be imposed by all the means in their 2. The offender under Article 137 must not
upon public officers or employees power  be in conspiracy with the rebels;
who have failed to resist a rebellion b. Continuing to discharge the otherwise, he will be guilty of rebellion,
by all the means in their power, or duties of their offices under not merely disloyalty
shall continue to discharge the duties the control of the rebels  
of their offices under the control of c. Accepting appointment to
the rebels or shall accept office under them 
appointment to office under them. 

INCITING A REBELLION OR 1. Offender does not take Inciting to Rebellion Distinguished from prision mayor in its
arms or is not in open hostility Proposal a. in both, the offender induces minimum period
INSURRECTION against the government   another to commit rebellion  
b. in proposal, person who proposes has
Art. 138. The penalty of prision 2. He incites others to the decided to commit rebellion; in inciting, it
mayor in its minimum period shall be execution of any of the acts of is not required that offender has decided to
imposed upon any person who, rebellion   commit rebellion  
without taking arms or being in open   c. in proposal, the person who proposes
hostility against the Government, 3. The inciting is done by uses secret motive; in inciting, the act is
shall incite others to the execution of means of speeches, done publicly  
proclamations writings,  
any of the acts specified in article emblems, banners or other 2. The offender who proposed or incited
134 of this Code, by means of representations tending to the shall be liable as a principal by inducement
speeches, proclamations, writings, same end  if the person proposed or incited
emblems, banners or other committed the offense.
representations tending to the same
end.
 Crime Elements Important Points to Remember Penalty

SEDITION   1. The offenders rise publicly Sedition – the raising of commotions or Leader of
  and tumultuously   disturbances in the State   Sedition:
Art. 139. How committed. —     prisión mayor in its
The crime of sedition is 2. They employ force, Tumultuous – disturbance shall be minimum period
committed by persons who intimidation, or other means deemed if caused by more than three (3) and fine not
rise publicly and tumultuously outside of legal methods   persons who are armed or provided with exceeding
in order to attain by force,   means violence.   ₱2,000,000
intimidation, or by other 3. The offenders employ any  
means outside of legal of those means to attain any of Sedition Distinguished from
methods, any of the following the following objects:   Rebellion – 
objects:            a. To prevent the a. In both, there must be public uprising   Participants:
1. To prevent the promulgation or execution of b. In sedition, it is sufficient that public prisión
promulgation or execution of any law or the holding of any uprising is tumultuous; in rebellion, there correccional in its
any law or the holding of any popular election   must be taking up of arms against the maximum period
popular election;            b. To prevent the government   and a fine not
2. To prevent the National National Government, or any c. In sedition, the purpose of offenders exceeding
Government, or any provincial provincial or municipal may be political or social; in rebellion, it ₱1,000,000
or municipal government or government, or any public is always political  
any public officer thereof from officer thereof from freely  
freely exercising its or his exercising its or his functions, Sedition Distinguished
functions, or prevent the or prevent the execution of from Treason  –  
execution of any any administrative order   Treason is the violation by a subject of
administrative order;            c. To inflict any act of allegiance to sovereign; sedition is the
3. To inflict any act of hate or hate or revenge upon the raising of commotions or disturbances in
revenge upon the person or person or property of any the State  
property of any public officer public officer or employee    
or employee;           d. To commit, for any Note: 
4. To commit, for any political political or social end, any act 1.The object of sedition is a violation of
or social end, any act of hate of hate or revenge against the public’s peace or at least such a
or revenge against private private persons or any social course of measures as evidently
persons or any social class; class; and    engenders it. 
and           e. To despoil, for any 2.  Public uprising and an object of
5. To despoil, for any political political or social end, any sedition must concur  
or social end, any person, person, municipality or 3. Common crimes are not absorbed in
municipality or province, or province, or the national sedition 
the National Government (or government of all its property
the Government of the United or any part thereof 
States), of all its property or
any part thereof 

Art. 140. Penalty for sedition - The leader of sedition shall

suffer the penalty of prisión mayor in its minimum period and
fine not exceeding two million pesos (₱2,000,000). 
       Other persons participating therein shall suffer the penalty
of prisión correccional in its maximum period and a fine not
exceeding One million pesos (₱1,000,000).
 Crime Elements Important Points to Remember Penalty

CONSPIRACY TO 1. two or more persons   1. There must be an agreement and a prisión

COMMIT SEDITION  decision to rise publicly and tumultuously correccional in its
2. agreed to raise commotions to attain any of the objects of sedition   medium period and
Art. 141. Persons conspiring or disturbances in the State    a fine not
to commit the crime of 2. There is no proposal to commit exceeding
sedition shall be punished 3. decide to commit it sedition ₱400,000
by prisión correccional in its
medium period and a fine not
exceeding four hundred
thousand pesos (₱400,000).

INCITING TO SEDITION   Different Acts Punished:   Scurrilous – low, vulgar, mean or foul  prisión
1. Inciting to Sedition to   correccional in its
Art. 142. The penally accomplish any of its  Uttering seditious words or speeches maximum period
of prisión correccional in its objects –   and writing, publishing or circulating and a fine not
maximum period and a fine       a. Offender does not take scurrilous libels are punishable, when:   exceeding
not exceeding four hundred direct part in the crime of a. they tend to disturb or obstruct any ₱400,000
thousand pesos (₱400,000) sedition   lawful officer in executing the functions
shall be imposed upon any       b. He incites others to the of his office 
person who, without taking accomplishment of any of the b. they tend to instigate others to cabal
any direct part in the crime of acts which constitute and meet together for unlawful purposes 
sedition, should incite others sedition         c. they suggest or incite rebellious
to the accomplishment of any      c. The inciting is done by conspiracies or riots 
of the acts which constitute means of speeches, d. they lead or tend to stir up the people
sedition by means of speeches, proclamation, writings, against the lawful authorities or to disturb
proclamations, writings, emblems, cartoons, banners, the peace of the community, the safety
emblems, cartoons, banners, or other representations and order of the government  
or other representations tending to the same end    
tending to the same end, or   Two Rules Relative to Seditious
upon any person or persons 2. Uttering seditious words or Words: 
who shall utter seditious speeches which tend to disturb a. Clear and Present Danger Rule – words
words or speeches, write, the public peace   used must be of such nature that by
publish, or circulate scurrilous   uttering them would result to public
libels against the Government, 3. Writing, publishing or uprising and such danger should be clear
or any of the duly constituted circulating scurrilous libels and imminent. It is required that there
authorities thereof, or which against the government or any must be reasonable ground to believe that
tend to disturb or obstruct any of the duly constituted the danger apprehended is imminent and
lawful officer in executing the authorities thereof, which tend the evil sought to be prevented is a
functions of his office, or to disturb the public peace   serious one – a probability of a serious
which tend to instigate others         a. Offender does not take injury. 
to cabal and meet together for direct part in the crime of  
unlawful purposes or which sedition  b. Dangerous Tendency Rule – words
suggest or incite rebellious        b. Commits any of the used that tend to create a danger of public
conspiracies or riots, or which following acts of sedition uprising could properly be the subject of a
lead or tend to stir up the (either 2 or 3)  penal clause. There is inciting to sedition
people against the lawful   when words uttered or published could
authorities or to disturb the 4. Knowingly concealing such easily produce disaffection among the
peace of the community, the evil practices people and a state of feeling in them
safety and order of the incompatible with a disposition to remain
Government, or who shall loyal to the government and obedient to
knowingly conceal such evil laws. 
practices. 
CHAPTER TWO. CRIMES AGAINST POPULAR REPRESENTATION 

Section One. — Crimes against legislative bodies and similar bodies

Crime Elements Important Points to Remember Penalty

ACTS TENDING TO 1. There be a projected or Every person must respect a meeting of prisión correccional
PREVENT THE MEETING actual meeting of Congress or the Congress et al, and has no right to or a fine ranging
OF CONGRESS AND any of its committees or dissolve the same through violence when from ₱40,000 to
SIMILAR BODIES   subcommittees, constitutional the defect of said meeting is not manifest ₱400,000, or both
committees or divisions and requires an investigation before its
Art. 143. The penalty thereof, or of any provincial existence can be determined 
of prisión correccional or a board or city or municipal
fine ranging from forty council or board  
thousand pesos (₱40,000) to  
four hundred thousand pesos 2. The offender who may be
(₱400,000), or both, shall be any person prevents such
imposed upon any person meeting by force or fraud
who, by force or fraud,
prevents the meeting of
Congress or of any of its
committees or subcommittees,
Constitutional Commissions
or committees or divisions
thereof, or of any provincial
board or city or municipal
council or board. 

DISTURBANCE OF 1. There be a meeting of 1. The complaint for disturbance of arresto mayor or a

PROCEEDINGS  Congress or any of its proceedings, which is punitive in fine from ₱40,000 to
committees or subcommittees, character, may be filed by a member of a ₱200,000 
Art. 144. The penalty constitutional commissions or legislative body  
of arresto mayor or a fine committees or divisions  
from forty thousand pesos thereof, or of any provincial  
(₱40,000) to two hundred board or city or municipal 2. One who disturbs the proceedings of
thousand pesos (₱200,000) council or board   the Congress may also be punished for
shall be imposed upon any   contempt by the Congress which is
person who disturbs the 2. The offender does any of coercive in nature. Hence, the same act
meetings of Congress or of the following acts:   could be made the basis for contempt
any of its committees or      a. He disturbs any of such proceedings and criminal prosecution 
subcommittees. Constitutional meetings 
Commissions or committees      b. He behaves while in the
or divisions thereof, or of any presence of any such bodies in
provincial board or city or such a manner as to interrupt
municipal council or board, or its proceedings or to impair
in the presence of any such the respect due it 
bodies should behave in such
manner as to interrupt its
proceedings or to impair the
respect due it. 
 Section Two. — Violation of parliamentary immunity

Crime Elements Important Points to Remember Penalty

VIOLATION OF First Form    1. Parliamentary immunity does not prision mayor
PARLIAMENTARY 1. The offender (any person) protect members of the Congress from
IMMUNITY   uses force, intimidation, threats responsibility before the legislative body
or fraud.   itself  
Art. 145. The penalty    
of prision mayor shall be 2. The purpose of the offender is 2. It is sufficient that the offender, in
imposed upon any person to prevent any member of using force, intimidation, threats, or
who shall use force, Congress from:   frauds, has the purpose to prevent a
intimidation, threats, or       a. Attending the meetings of member of Congress from exercising
fraud to prevent any Congress or any of its any of his such prerogatives 
member of the National committees, or subcommittees,
Assembly (Congress of the constitutional commissions or
Philippines) from attending committees or divisions thereof 
the meetings of the       b. Expressing his opinion 
Assembly (Congress) or of       c. Casting his vote 
any of its committees or
subcommittees,
constitutional commissions Second Form   prision correccional
or committees or divisions 1. Offender is a public officer or
thereof, from expressing his employee  
opinions or casting his vote;  
and the penalty of prision 2. He arrests or searches any
correccional shall be member of Congress  
imposed upon any public  
officer or employee who 3. Congress, at the time of arrest
shall, while the Assembly or search, is in regular or special
(Congress) is in regular or session  
special session, arrest or  
search any member thereof, 4. The member arrested or
except in case such member searched has not committed a
has committed a crime crime punishable under the Code
punishable under this Code by a penalty higher
by a penalty higher than than prision mayor 
prision mayor.
CHAPTER THREE. ILLEGAL ASSEMBLIES AND ASSOCIATIONS 

Crime Elements Important Points to Remember Penalty

 
ILLEGAL ASSEMBLIES  1. Any meeting attended Meeting – includes a gathering or group, Organizers or
by armed persons for the whether in a fixed place or moving  Leaders - prision
Art. 146. The penalty purpose of committing   correccional in its
of prision correccional in its any of the crimes If any person present at the meeting carries maximum period to
maximum period to prision mayor in punishable under the an unlicensed firearm:   prision mayor in its
its medium period shall be imposed Code.       a. the purpose of the meeting is presumed, medium period
upon the organizers or leaders of any       a. there is a meeting, a insofar as he is concerned, is to commit acts
meeting attended by armed persons for gathering or group of punishable under the Code 
the purpose of committing any of the persons, whether in a      b. The armed person is considered the leader
crimes punishable under this Code, or fixed place or moving   or organizer of the meeting  Persons present at
of any meeting in which the audience       b. that the meeting is   such meeting -
is incited to the commission of the attended by armed If in a meeting, the audience is incited to the arresto mayor
crime of treason, rebellion or persons   commission of rebellion or sedition, the
insurrection, sedition or assault upon a       c. that the purpose of crimes committed are: 
person in authority or his agents. the meeting is to commit       a. illegal assembly as regards to the
Persons merely present at such any of the crimes organizers and persons merely present 
meeting shall suffer the penalty punishable under the       b. inciting to rebellion or sedition insofar as Armed persons at
of arresto mayor, unless they are Code   the one inciting them is concerned.  such meeting -
armed, in which case the penalty shall     prision correccional.
be prision correccional.    Note: 
       If any person present at the 2. Any meeting in which 1. In the first form of illegal  
meeting carries an unlicensed firearm, the audience, whether assembly, persons present at the meeting must
it shall be presumed that the purpose of armed or not, is incited to be armed but need not all attendees to be
said meeting, insofar as he is the commission of treason, armed. 
concerned, is to commit acts rebellion or insurrection, 2. The unarmed person merely present at the
punishable under this Code, and he sedition, or assault upon a meeting of the 1st form of illegal assembly is
shall be considered a leader or person in authority or his liable.  
organizer of the meeting within the agents   3. Persons merely present at the meeting must
purview of the preceding paragraph.        a. there is a meeting, a have common intent to commit felony of illegal
       As used in this article, the word gathering or group of assembly; otherwise, the absence of such intent
"meeting" shall be understood to persons, whether in a may exempt the person merely present from
include a gathering or group, whether fixed place or moving   liability.   
in a fixed place or moving.      b. the audience, 4. When there is an actual inciting, the act
whether armed or not, is would not be punishable only as inciting to
incited to the commission rebellion or sedition because in illegal assembly
of the crime of treason, “in in which the audience is incited to the
rebellion or insurrection, commission of” rebellion or sedition, the
sedition or direct assault  persons liable are the organizers or leaders of
and attendees of the meeting; whereas in
inciting to rebellion or sedition, the person
liable is only the one “who shall incite others.” 

ILLEGAL ASSOCIATIONS Illegal Associations:   Illegal Association distinguished from Illegal prisión correccional in
1. Associations totally or Assembly   its minimum and
Art. 147. The penalty partially organized for the 1. In illegal association, it is not necessary that medium periods and a
of prisión correccional in its minimum purpose of committing there be an actual meeting; In illegal assembly, fine not exceeding
and medium periods and a fine not any of the crimes it is necessary there is an actual meeting   ₱200,000
exceeding two hundred thousand pesos punishable under the  
(₱200,000) shall be imposed upon the Code   2. In illegal associations, it is the act of Persons Liable for
founders, directors, and presidents of   forming or organizing and membership in Illegal Association:
associations totally or partially 2. Associations totally or association that are punished; in illegal 1. Founders, directors
organized for the purpose of partially organized for assembly, it is the meeting and attendance at and president of the
committing any of the crimes some purpose contrary to such meeting that are punished   association
punishable under this Code or for public morals   2. Mere members of
some purposed contrary to public 3. In illegal associations, the persons liable are the association
morals. Mere members said the founders, directors and president and the
associations shall suffer the penalty members; In illegal assembly the person liable
of arresto mayor.  are the organizers or leaders of the meeting, and
 persons present at such meeting.

CHAPTER FOUR. ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO, PERSONS IN AUTHORITY AND
THEIR AGENTS

Crime Elements Important Points to Remember Penalty

DIRECT ASSAULTS   SIMPLE ASSAULT:   FIRST FORM:  prisión

First Form:   Purposes of Rebellion or Sedition   correccional in its
Art. 148. Any persons who,     a. the offender 1. to remove from the allegiance to said government medium and
without a public uprising, shall employs force or or its laws the territory of the Philippines or any part maximum periods
employ force or intimidation for intimidation  thereof; or any body of land, naval or other armed and a fine not
the attainment of any of the      b. the aim of the forces;   exceeding
purposes enumerated in offender is to attain any 2. to deprive the Chief Executive or Congress, ₱200,000 – when
defining the crimes of rebellion of the purposes of the wholly or partially, of any of their powers or the assault is
and sedition, or shall attack, crime of rebellion or prerogatives  committed with a
employ force, or seriously sedition    weapon or when
intimidate or resist any person      c. there is no public SECOND FORM:  the offender is a
in authority or any of his agents, uprising  1st element: attack, employs force, makes a serious public officer or
while engaged in the   intimidation or resistance  employee
performance of official duties, Second Form:   1. Attack – any offensive or antagonistic movement
or on occasion of such     a. the offender makes or action of any kind 
performance, shall suffer the an attack, employs force, 2. Employed Force 
penalty makes a serious     (a) If the offended party is a person in authority, prisión
of prisión correccional in its intimidation, or makes a the force employed need not be serious.  correccional in its
medium and maximum periods serious resistance        (b)If the offended party is only an agent of a minimum period
and a fine not exceeding two     b. the person assaulted person in authority, the force employed must be of and a fine not
hundred thousand pesos is a person in authority SERIOUS character as to indicate determination to ₱100,000 – no
(₱200,000), when the assault is or his agent   defy the law and its representative at all hazards.  circumstances
committed with a weapon or     c. at the time of the 3. The intimidation or resistance must be serious present
when the offender is a public assault the person in whether the offended party is an agent only or he is
officer or employee, or when authority or his agent is a person in authority  
the offender lays hands upon a engaged in the actual     (a)the resistance required must be of grave
person in authority. If none of performance of official character, therefore it must be active resistance 
these circumstances be present, duties, or that he is     (b) the intimidation must produce its effects
the penalty assaulted by reason of immediately for if the threats be of some future evil,
of prisión correccional in its the past performance of the act would not be a direct assault  Additional
minimum period and a fine not official duties           Penalty for
exceeding one hundred     d. the offender knows 2nd element: offended party is a person in authority Attacking an
thousand pesos (₱100,000) shall that the one he is or any of his agents  Ambassador or
be imposed. assaulting is a person in *Persons in authority are those directly vested with Minister – Any
authority or his agent in jurisdiction – the power or authority to govern and person who
the exercise of his execute the law vested in him by law  assaults, strikes,
duties   * The status of person in authority being a matter of wounds or in any
    e. there is no public law does not excuse ignorance thereof.  manner offers
uprising  * Functions of the person in authority or his agent violence to the
  must be clearly shown in the information  person of an
QUALIFIED ambassador or
ASSAULT   3rd element: performance of duty   minister, in
1.when the assault is * It is not necessary that the person in authority who violation of the law
committed with a was assaulted was actually performing official of nations, shall be
weapon   duties when the assault was committed by reason of imprisoned for not
2. when the offender is a such performance.  more than three
public officer or * Evidence of motive is important when the person years and fined not
employee   attacked or seriously intimidated is NOT in the exceeding
3. when the offender lays actual performance of his official duty  ₱200,000, in
hands upon a person in * Even if the agent of a person in authority agrees to discretion of the
authority  fight, it still constitutes direct assault  court, in addition
  Exceptions:  to penalties that
*The assault committed by a person in authority to may be imposed
another is an aggravating circumstance.  under the RPC
 * There can be no assault upon or disobedience to (Sec. 6 RA No. 75)
one authority by another when they both contend in
the exercise of their respective duties. 

Two Ways of * When a person in authority or their agents

Committing Direct descended to mattes which are private in
Assaults  nature, an attack made by one against the other is
1. by employing force or not direct assault 
intimidation for the *When they are the one who provokes and attacks
attainment of any of the another, the latter is entitled to defend himself and
purposes enumerated in cannot be held liable for assault or resistance
defining the crimes of because he acts in legitimate defense. 
rebellion and sedition  * If a person in authority or his agent goes beyond
  the scope of their respective powers as public
2. by attacking, officers, the it is not considered as performance of
employing force or official duties. 
seriously intimidating or  
seriously resisting any 4th element: knowledge of authority 
person in authority or *Knowledge of the accused that the victim is a
any of his agents, while person in authority or his agent is essential in order
engaged in the for him to have the intention to defy, offend, injure
performance of official or assault the offended party as a person in
duties or on the occasion authority. 
of such performance.   
Distinguished from Ordinary Assault Without
Intent to Kill (Art. 263) or Physical Injuries (266) 
1. Direct assaults are crimes against public order
while ordinary assaults are crimes against persons. 
 
Note: 
1. The disregard of respect due to offended party by
reason of his rank is inherent in direct assault of the
second form. 
2. The crime of slight physical injuries is absorbed
in direct assault 
3.Where in the commission of direct assault, serious
or less serious physical injuries are also inflicted, the
offender is guilty of the complex crime of direct
assault with serious or less serious physical injuries  
3. when the person in authority or his agent is
attacked and killed while in the performance of his
duty or by reason of such performance, the offender
shall be liable for the complex crime of direct
assault with homicide or murder. 

INDIRECT ASSAULTS   1. A person in authority 1. Indirect assault can be committed only when a prisión
or his agent is the direct assault is also committed   correccional in its
Art. 149. The penalty victim of any of the   minimum and
of prisión correccional in its forms of direct assault 2. The private person who comes to the rescue of medium periods
minimum and medium periods defined in Article 148   an authority or his agent enjoys the privileges of and a fine not
and a fine not exceeding One the latter and any person who uses force or exceeding
hundred thousand (₱100,000) 2. A person comes to intimidation upon such person under the ₱100,000
shall be imposed upon any
the aid of such circumstances is guilty of assault under Art. 149. 
person who shall make use of
authority or his agent 3.
force or intimidation upon any
person coming to the aid of the The offender makes use
authorities or their agents on of force or intimidation
occasion of the commission of upon such person
any of the crimes defined in the coming to the aid of the
next preceding article.  authority or his agent
 Crime Elements Important Points to Remember Penalty
 
DISOBEDIENCE TO Acts Punishable:   1. The power of inquiry – with process to enforce arresto mayor or
SUMMONS ISSUED BY 1. By refusing, without it – is an essential and appropriate auxiliary to the a fine ranging
CONGRESS, ITS legal excuse, to obey legislative functions.  from ₱40,000 to
COMMITTEES OR summons of Congress,   ₱200,000, or both
SUBCOMMITTEES, BY its special or standing 2. Article 150 applies only to disobedience
THE CONSTITUTIONAL committees and WITHOUT legal excuse  
COMMISSIONS, ITS subcommittees or  
COMMITTEES, divisions, or by any 3. The testimony of the person summoned must
SUBCOMMITTEES commission or be upon matters into which the Congress has
OR DIVISIONS    committee chairman or jurisdiction to inquire. 
member authorized to  
Art. 150. The penalty summon witnesses   4. Any action amounting to a release of a prisoner
of arresto mayor or a fine   committed by the Congress to prison, taken by
ranging from forty thousand 2. By refusing to be the executive or judiciary in the legitimate
pesos (₱40,000) to two sworn or placed under discharge of its functions is not impairment of the
hundred thousand pesos affirmation while being doctrine separation of powers. 
(₱200,000), or both such fine before such legislative  
and imprisonment, shall be or constitutional body 5. The fact that a person is a prisoner of the
imposed upon any person or official   Congress does not exclude the other departments,
who, having been duly   during his incarceration, from trying or
summoned to attend as a 3. By refusing to investigating him on matter pertaining to their
witness before Congress, its answer any legal spheres in much the same way that a prisoner by
special or standing committees inquiry or to produce judgement of a court of justice is not placed
and subcommittees, the any books, papers, beyond the reach of the legislature and the
Constitutional Commissions documents, or records executive to summon for examination and to
and its committees, in his possession, when allow in relation to the investigation to go
subcommittees, or divisions, required by them to do anywhere under guard to such evidence as the
or before any commission or so in the exercise of investigator or the prisoner might deem
committee chairman or their functions   important.   
member authorized to    
summon witnesses, refuses, 4. By restraining 6. Any of the acts punished by Article 150 may
without legal excuse to obey another from attending also constitute contempt of Congress
such summons, or being as a witness in such
present before any such legislative or
legislative or constitutional constitutional body  
body or official, refuses to be  
sworn or placed under 5. By inducing
affirmation or to answer any disobedience to a
legal inquiry or to produce any summons or refusal to
books, papers, documents, or be sworn by any such
records in his possession, body or official 
when required by them to do
so in the exercise of their
functions. The same penalty
shall be imposed upon any
person who shall induce
disobedience to summons or
refusal to be sworn by any
such body or official.
 Crime Elements Important Points to Remember Penalty

RESISTANCE AND Resistance and Serious Direct Assault Distinguished from Resistance arresto mayor
DISOBEDIENCE TO A Disobedience (Par.1)  or Serious Disobedience:  and a fine not
PERSON IN AUTHORITY 1. A person in authority or his 1. In direct assault, the person in authority or his exceeding
OR THE AGENTS OF agent is engaged in the agent must be engaged in performance of official ₱100,000 – any
SUCH PERSON   performance of official duty or duties or that he is assaulted by reason thereof, person shall
gives a lawful order to the but in resistance, the person in authority or his resist or
offender   agent must be in actual performance of his duties   seriously
Art. 151 The penalty 2. The offender resists or 2. Direct assault (2nd form) is committed in 4 disobey any
of arresto mayor and a fine not seriously disobeys such person ways; Resistance is committed only by resisting person in
exceeding one hundred in authority or his agent   or seriously disobeying   authority
thousand pesos (₱100,000) 3. The act of the offender is not 3. In both, there is force employed, but the force
shall be imposed upon any included in the provisions of in resistance is not so serious, as there is no
person who not being included Articles 148, 149 and 150   manifest intention to defy the law; in direct
in the provisions of the   assault it must be serious and deliberate;  arresto menor
preceding articles shall resist or Simple Disobedience (Par. 2)  4. When the one resisted is a person in authority, or a fine
seriously disobey any person in 1. An agent of a person in the use of any kind or degree of force will give ranging from
authority, or the agents of such authority is engaged in the rise to direct assault; if no force is employed by ₱2,000 to
person, while engaged in the performance of official duty or the offender in resisting or disobeying, the crime twenty
performance of official duties. gives a lawful order to the committed is resistance  thousand pesos
When the disobedience to offender     ₱20,000 –
an agent of a person in 2. The offender disobeys such Note:  disobedience to
authority is not of a serious agent of a person in authority   1. The juridical conception of the crime of an agent of a
nature, the penalty of arresto 3. Such disobedience is not of a resistance and disobedience to a person in person in
menor or a fine ranging from serious nature authority or his agents consists in a failure to authority is not
two thousand pesos (₱2,000) to comply with orders directly issued by the of a serious
twenty thousand pesos authorities in the exercise of their official duties   nature
(₱20,000) shall be imposed 2. The person in authority must be in the actual
upon the offender. performance of his official duties  
3. The disobedience contemplated consists in the
failure or refusal to obey a direct order from the
authority or his agent  
4. The accused must have knowledge that the
person arresting him is a peace officer  
5. The order must be lawful; otherwise, the
resistance is justified. 
6. The order must be lawful  
7. When the attack or employment of force is not
deliberate, the crime is only resistance or
disobedience 
8. A person cannot be guilty of disobedience to an
order which is not addressed to him.

Art. 152. Persons in authority and agents of persons in A. A person in authority is on who is directly vested with
authority; Who shall be deemed as such. — In applying the jurisdiction – the power and authority to govern and execute laws. 
provisions of the preceding and other articles of this Code, any  
person directly vested with jurisdiction, whether as an individual 1. Municipal Mayor 
or as a member of some court or governmental corporation, board, 2. Division Superintendent 
or commission, shall be deemed a person in authority. A barrio 3.  Public and Private School Teachers 
captain and a barangay chairman shall also be deemed a person in 4. Teacher Nurse 
authority.   5. President of Sanitary Division 
          A person who, by direct provision of law or by election or 6. Provincial Fiscal 
by appointment by competent authority, is charged with the 7. Justice of Peace 
maintenance of public order and the protection and security of life
8. Municipal Councilor 
and property, such as a barrio councilman, barrio policeman and
9. Barangay Captain 
barangay leader and any person who comes to the aid of persons
10. Barrio Captain 
in authority, shall be deemed an agent of a person in authority.    
          In applying the provisions of Articles 148 and 151 of this B.  To be an agent of a person in authority, one must be charged
Code, teachers, professors and persons charged with the with 
supervision of public or duly recognized private schools, colleges 1. Maintenance of public order 
and universities, and lawyers in the actual performance of their 2. Protection and security of life and property 
professional duties or on the occasion of such performance, shall
be deemed persons in authority. 

CHAPTER FIVE. PUBLIC DISORDERS

Crime Elements Important Points to Remember Penalty

TUMULTS AND OTHER Tumults and Other Outcry – to shout subversive or arresto mayor in
DISTURBANCES OF Disturbances of Public provocative words tending to stir up the its medium period
PUBLIC ORDER; Order:   people to obtain by means of force or to prisión
TUMULTUOUS 1. Causing any serious violence any of the objects of rebellion or correccional in its
DISTURBANCE OR disturbance in a public place, sedition  minimum period
INTERRUPTION LIABLE office or establishment     and a fine not
TO CAUSE DISTURBANCE    Tumultuous – the disturbance or exceeding
2. Interrupting or disturbing interruption shall be deemed as such if ₱200,000 – any
Art. 153. The penalty performances, functions or caused by more than three persons who are person causing
of arresto mayor in its gatherings, or peaceful armed or provided with means of violence  any serious
medium period to prisión meetings, if the act is not   disturbance in a
correccional in its minimum included in Articles 131 and Inciting to Sedition or Rebellion public place,
period and a fine not 132   distinguished from Public Disorder – In office, or
exceeding two hundred   the crime of inciting to rebellion or establishment, or
thousand pesos (₱200,000) 3. Making any outcry tending sedition, it is necessary that offender shall interrupt or
shall be imposed upon any to incite rebellion or sedition should have done the act with the idea disturb public
person who shall cause any in any meeting, association or aforethought of inducing his hearers or performances,
serious disturbance in a public public place   readers to commit the crime of rebellion or functions or
place, office, or establishment,   sedition;   gatherings, or
or shall interrupt or disturb 4. Displaying placards or   peaceful meetings
public performances, emblems which provoke a – In public disorder, the outcry is more or
functions or gatherings, or disturbance of public order in less unconscious outburst, which, although prision mayor
peaceful meetings, if the act is such place   rebellious or seditious in nature, is not (penalty next
not included in the provisions   intentionally calculated to induce others to higher in degree) -
of Article 131 and 132. 5. Burying with pomp the commit rebellion or sedition.  any person
      The penalty next higher in body of a person who has been   causing any
degree shall be imposed upon legally executed  Note:  disturbance or
persons causing any   1. Serious disturbance must be planned or interruption with a
disturbance or interruption of Circumstances Qualifying intended   tumultuous
a tumultuous character.  the Disturbance or character.
      The disturbance or Interruption - if tumultuous 2. If the act of disturbing or interrupting a
interruption shall be deemed in character meeting or religious ceremony is not arresto mayor -
to be tumultuous if caused by committed by public officers, or if any person
more three (3) persons who committed by public officers they are making any
are armed or provided with participants therein, Article 153 should be outcry tending to
means of violence.  applied   incite rebellion or
      The penalty of arresto sedition in any
mayor shall be imposed upon 3. One who fired a submachine gun to meeting,
any person who, in any cause disturbance, but inflicted serious association or
meeting, association, or public physical injuries on another, may be public place
place, shall make any outcry prosecuted for 2 crimes 
tending to incite rebellion or arresto mayor and
sedition or in such place shall a fine not to
display placards or emblems exceed ₱40,000 –
which provoke a disturbance any person who
of the public order. shall bury with
      The penalty of arresto pomp the body of
mayor and a fine not to exceed a person who has
forty thousand pesos been legally
(₱40,000) shall be imposed executed
upon these persons who in
violation of the provisions
contained in the last clause of
Article 85, shall bury with
pomp the body of a person
who has been legally
executed.

Crime Elements Important Points to Remember Penalty

UNLAWFUL USE OF Acts Punished as Unlawful 1. It is not necessary that the publication of arresto mayor and
MEANS OF Use of Means of Publication the false news actually cased public a fine ranging from
PUBLICATION AND and Unlawful Utterances:  disorder or caused damage to the interest ₱40,000 to
UNLAWFUL   or credit of the State – the mere possibility ₱200,000
UTTERANCES  1. Publishing or causing to be of causing such danger or damage is
published, by means of sufficient  
Art. 154. The penalty printing, lithography or any  
of arresto mayor and a fine other means of publication, as 2. The offender must know that the news is
ranging from forty thousand news any false news which false  
pesos (₱40,000) to two may endanger the public  
hundred thousand pesos order, or cause damage to the 3. If there is no possibility of danger to the
(₱200,000) shall be imposed interest or credit of the State   public order or of causing damage to the
upon:  interest or credit of the State by the
1. Any person who by means 2. Encouraging disobedience publication of the false news 
of printing, lithography, or any to the law or to the constituted  
other means of publication authorities or praising, 4. REPUBLIC ACT No. 248 
shall publish or cause to be justifying or extolling an act prohibits the reprinting, reproduction or
published as news any false punished by law, by the same republication of government publications
news which may endanger the means or by words, utterances and official documents without previous
public order, or cause damage or speeches  authority 
to the interest or credit of the  
State;   3. Maliciously publishing or
2. Any person who by the causing to be published any
same means, or by words, official resolution or
utterances or speeches shall document without proper
encourage disobedience to the authority, or before they have
law or to the constituted been published officially  
authorities or praise, justify, or  
extol an act punished by law;  4. Printing, publishing or
3. Any person who shall distributing (or causing the
maliciously publish or cause same) books, pamphlets,
to be published any official periodicals, or leaflets which
resolution or document do not bear the real printer’s
without proper authority or name, or which are classified
before they have been as anonymous 
published officially; or 
4. Any person who shall print,
publish, or distribute or cause
to be printed, published, or
distributed books, pamphlets,
periodicals, or leaflets which
do not bear the real printer’s
name, or which are classified
as anonymous. 
 Crime Elements Important Points to Remember Penalty

ALARMS AND SCANDALS Acts Punished as Alarms Charivari - – medley of discordant voices, a arresto menor or
and Scandals:   mock serenade of discordant noises made on a fine not
Art. 155. The penalty 1. Discharging any firearm, kettles, tins, horns, etc. designed to annoy and exceeding
of arresto menor or a fine not rocket, firecracker, or other incite  ₱40,000
exceeding forty thousand pesos explosive within any town  
(₱40,000) shall be imposed upon:  or public place, calculated Note:  
"1. Any person who within any town to cause (which produces) 1. It is the result, not the intent that counts. The
or public place, shall discharge any alarm or danger   act must produce alarm or danger as a
firearm, rocket, firecracker, or other   consequence  
explosives calculated to cause alarm 2. Instigating or taking an  
or danger;  active part in any charivari 2. The discharge of the firearm should not be
"2. Any person who shall instigate or or other disorderly meeting aimed at a person, otherwise, the offense would
take an active part in any charivari or offensive to another or fall under Article 254  
other disorderly meeting offensive to prejudicial to public  
another or prejudicial to public tranquility   3. Article 155 does not make any distinction as
tranquility;  3. Disturbing the public to the particular place in the town or public
"3. Any person who, while peace while wandering place where the discharge of firearm, rocket,
wandering about at night or while about at night or while etc. is effected  
engaged in any other nocturnal engaged in any other  
amusements, shall disturb the public nocturnal amusements   4. The discharge of firecrackers or rockets
peace; or    during fiestas or festive occasion are not
"4. Any person who, while 4. Causing any disturbance covered by this Article  
intoxicated or otherwise, shall cause or scandal in public places  
any disturbance or scandal in public while intoxicated or 5. Disturbance of serious nature falls under
places, provided that the otherwise, provided Article Article 153 
circumstances of the case shall not 153 is not applicable 
make the provisions of Article 153
applicable. 

arresto mayor in
DELIVERY OF PRISONERS 1. There is a person 1. Person confine may be under detention only its maximum
FROM JAILS  confined in a jail or penal or by final judgment   period of prision
establishment   2. Hospital or asylum considered as an correccional in
Art. 156. The penalty   extension of jail or prison, hence, any person its minimum
of arresto mayor in its maximum 2. The offender removes who removed or aid in the escape of the period - any
period of prision correccional in its therefrom such person, or prisoner shall be liable under Art. 156.  person who shall
minimum period shall be imposed helps the escape of such 3. An employee of a penal institution who aid remove from any
upon any person who shall remove person  in the escape of the prisoner, provided that he jail or penal
from any jail or penal establishment   does not have the custody or charge of the establishment
any person confined therein or shall Qualifying prisoner, shall be liable under Art. 156.  any person
help the escape of such person, by Circumstance:  4. If the offender is a public officer in custody confined therein
means of violence, intimidation, or employment of violence, or in charge of the prisoner, he is liable or shall help the
bribery. If other means are used, the intimidation, or bribery for infidelity in the custody of the prisoner escape of such
penalty of arresto mayor shall be removing or delivering the (Art. 223).  person, by
imposed.    prisoner from jail  5. Violence, intimidation or bribery is not means of
     necessary but aggravates the penalty  violence,
   If the escape of the prisoner shall Note: bribery as a means of 4. Employment of deceit, as when another intimidation, or
take place outside of said removing or delivering the person substitutes the prisoner by taking his bribery
establishments by taking the guards prisoner from jail qualifies place, is not an element of the offense but
by surprise, the same penalties shall the crime, and not the another means of removing or aiding the arresto mayor –
be imposed in their minimum offender’s act of receiving prisoner in his escape.  used other
period.  or agreeing to receive a 5. If the crime committed by the prisoner for means to effect
bribe as a consideration which he is confined or serving sentence is the escape
from committing the treason, murder or parricide, the act of taking
 offense  the place of the prisoner in the prison is that of arresto mayor in
an accessory and he may be held liable as such, its minimum
because he assists in the escape of the principal period – escape
6. A prisoner who helps in the escape of of the prisoner
another is liable under Art. 156.   took place
7.A prisoner is criminally liable for leaving the outside
penal institution only when there is evasion of a
sentence.

CHAPTER SIX. EVASION OF SERVICE OF SENTENCE

Crime Elements Important Points to Remember Penalty

EVASION OF SERVICE OF 1. Offender is a convict by Escape – unlawful departure of prisoner from the
SENTENCE   final judgment  limits of his custody – by escaping during the prision
2. He is serving his term of his sentence which consist of deprivation correccional
Art. 157. The penalty of prision sentence which consists in of liberty.  in its medium
correccional in its medium and deprivation of liberty     and maximum
maximum periods shall be imposed 3. He evades the service Unlawful Entry – scaling or climbing the wall  periods –
upon any convict who shall evade of the sentence by   convicts who
service of his sentence by escaping escaping during the term Imprisonment - deprivation of liberty  evade service
during the term of his imprisonment of his sentence     of sentence
by reason of final judgment.   Note:  prision
However, if such evasion or escape Qualifying 1. The crime of evasion of sentence can be correccional
shall have taken place by means of Circumstances:  committed only by a convict by final judgment.  in its
unlawful entry, by breaking doors, 1. by means of unlawful 2. If the convict escapes within 15 days from the maximum
windows, gates, walls, roofs, or entry (by scaling promulgation or notice of the judgement, without period –
floors, or by using picklocks, false – escalamiento)  commencing to serve the sentence or without convicts who
keys, deceit, violence or intimidation, 2. by breaking doors, expressly waiving, in writing, his right to an committed
or through connivance with other windows, gates, walls, appeal, he is not liable under Art. 157.   any of the acts
convicts or employees of the penal roofs or floors  3. This article is not applicable to sentence which
institution, the penalty shall be 3. by using picklocks, executed by deportation or to detention prisoners qualifies the
prision correccional in its maximum false keys, disguise, and minor delinquents because they were not crime
period. deceit, violence, or convicts sentenced to imprisonment by final
intimidation  judgement and thereafter broke jail.  
4. thru connivance with 4. Article 157 is applicable to sentence
other convicts or of destierro, since it consists in a deprivation of
employees of penal liberty.
institution

EVASION OF SERVICE OF 1. The offender is a Mutiny – organized unlawful resistance to a

SENTENCE ON THE OCCASION convict by final judgment, superior officer; a sedition or revolt; does not Increase of 1/5
OF DISORDER, who is confined in a penal include a riot or if prisoners disarmed the guards of time still
CONFLAGRATIONS, institution   and escaped since they are not their superior remaining to
EARTHQUAKES, OR OTHER 2. There is a disorder, officers  be served
CALAMITIES  resulting from:   under the
conflagration, earthquake, Note:  original
Art. 158. A convict who shall evade explosion, similar 1. Offender must be a convict by final judgment sentence,
the service of his sentence, by leaving catastrophe, or mutiny in and he must leave the penal institution   which in no
the penal institution where he shall which he has not 2. What is punished is not the leaving of the penal case shall
have been confined, on the occasion participated   institution, but the failure of the convict to give exceed six
of disorder resulting from a 3. The offender evades the himself up to the authorities within 48 hours after months
conflagration, earthquake, explosion, service of his sentence by the proclamation announcing the passing away of Deduction
or similar catastrophe, or during a leaving the penal the calamity   provided in
mutiny in which he has not institution where he is 3. If offender fails to give himself up, he gets an Article 98 – if
participated, shall suffer an increase confined, on the occasion increased penalty   convict shall
of one-fifth of the time still remaining of such disorder or during 4. If offender gives himself up, he is entitled to a give himself
to be served under the original the mutiny   deduction of 1/5 of his sentence  up within 48
sentence, which in no case shall 4. The offender fails to 5. The prisoners failed to escape from his place of hours
exceed six months, if he shall fail to give himself up to the confinement under any of the circumstances in
give himself up to the authorities authorities within 48 Art. 158 are not entitled to the deduction under
within forty-eight hours following the hours following the Art. 98. 
issuance of a proclamation by the issuance of a proclamation  
Chief Executive announcing the by the Chief Executive ARTICLE 98. Special Time Allowance for
passing away of such calamity.   announcing the passing Loyalty. — A deduction of one-fifth of the period
      Convicts who, under the away of such calamity of his sentence shall be granted to any prisoner
circumstances mentioned in the who, having evaded the service of his sentence
preceding paragraph, shall give under the circumstances mentioned in article 158
themselves up to the authorities of this Code, gives himself up to the authorities
within the above-mentioned period of within 48 hours following the issuance of a
48 hours, shall be entitled to the proclamation announcing the passing away of the
deduction provided in Article 98. calamity or catastrophe referred to in said article

Crime Elements Important Points to Remember Penalty

OTHER CASES OF 1. Offender was a convict   Conditional Pardon – a contract

EVASION OF SERVICE   between the Chief Executive, who prision correccional in
OF SENTENCE  2. He was granted a grants the pardon, and the convict, who its minimum period –
conditional pardon by the accepts it  if penalty remitted
Art. 159. The penalty Chief Executive   does not exceed 6
of prision correccional in its Note: years
 
minimum period shall be 1. The court cannot require the convict Unexpired Portion of
3. He violated any of the
imposed upon the convict to serve the unexpired portion of his Original Sentence – if
conditions of such pardon  
who, having been granted original sentence if it does not exceed 6 penalty remitted is
 
conditional pardon by the years   higher than 6 years
Conditional Pardon – a
Chief Executive, shall violate 2. Violation of the conditional pardon is
contract between the Chief
any of the conditions of such a distinct crime committed in the place
Executive, who grants the
pardon. However, if the where the subsequent offense is
pardon, and the convict, who
penalty remitted by the perpetrated because by committing the
accepts it
granting of such pardon be subsequent offense, the offender
higher than six years, the violates the condition that he shall not
convict shall then suffer the again be found guilty of any of the
unexpired portion of his crime punishable by the laws of the
original sentence. Philippines.  
3. Violation of conditional pardon is
not a substantive offense, because the
penalty for such violation is the
unexpired portion of the punishment in
the original sentence  
4. Offender must be found guilty of
subsequent offense before he can be
prosecuted under Article 159. 
5. The offender may be prosecuted
under Art. 159 without prejudice with
the authority of the President recommit
such offender to serve the unexpired
portion of his sentence. 
6. Offender can be arrested and re-
incarcerated without trial  
7. The period when convict was at
liberty shall not be deducted in case he
is recommitted  
8. The duration of the conditions
subsequent, annexed to a pardon,
is limited to the remaining period of the
sentence, unless an intention to extend
it beyond that time manifest from the
nature of the condition or language in
which it was imposed. 
 9.Condition extends to special laws  
CHAPTER SEVEN. COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR
ANOTHER PREVIOUS OFFENSE

Crime Elements Important Points to Remember Penalty

COMMISSION OF Quasi-Recidivism   1. Second crime must be a felony; but Besides the provisions of
ANOTHER CRIME 1. the offender was already the first crime for which the offender Rule 5 Article 62,
DURING SERVICE OF convicted by final judgment is serving sentence need not be a Maximum of penalty
PENALTY IMPOSED of one offense   felony (could be under a special law)  prescribed by law for the
FOR ANOTHER 2. he committed a new felony   new felony 
OFFENSE   before beginning to serve 2. Quasi-Recidivism cannot be offset  
such sentence or while by ordinary mitigating Article 62, Par. (5) 
Art. 160. Penalty. — serving the same   circumstances   Habitual delinquency
Besides the provisions of     shall have the following
Rule 5 of Article 62, any   3. A quasi-recidivist, who is not a effects: 
person who shall commit a Other Forms of Habituality  habitual criminal, may be pardoned at  
felony after having been (a) Reiteracion   the age of 70 years if he has already (a) Upon a third
convicted by final judgment, 1. offender has previously served out his original sentence or conviction the culprit
before beginning to serve served sentence for another when he shall complete it after shall be sentenced to the
such sentence, or while offense   reaching said age  penalty provided by law
serving the same, shall be 2. the law attaches either –  Exception: If said quasi-recidivist, by for the last crime of
punished by the maximum     i. EQUAL or GREATER reason of his conduct, he shall not be which he be found guilty
period of the penalty penalty for the previous worthy of such clemency  and to the additional
prescribed by law for the new crime    penalty
felony.      ii.LIGHTER penalty for 4. In reiteracion, it is the penalty of prisión correccional i
      Any convict of the class two or more crimes   attached to the offense that is n its medium and
referred to in this article, who – than that of the new considered, not the penalty actually maximum periods; 
is not a habitual criminal, offense.  imposed.   
shall be pardoned at the age      (b) Upon a fourth
of seventy years if he shall (b) Recidivism  5. There is recidivism even if the conviction the culprit
have already served out his 1. offender was previously lapse of time is more than 10 years  shall be sentenced to the
original sentence, or when he convicted by final judgement   penalty provided for the
shall complete it after of another crime  6.Pardon does not obliterate the fact last crime of which he be
reaching the said age, unless 2. both of the offenses are that the accused was a recidivist; but found guilty and to the
by reason of his conduct or embraced in the same title amnesty does  additional penalty
other circumstances he shall under RPC  of prisión mayor in its
not be worthy of such   minimum and medium
clemency.  (3) Multi-recidivism / periods; and 
Habitual Delinquency –    
1. offender was convicted or (c) Upon a fifth or
was released from additional conviction, the
imprisonment for the crimes culprit shall be sentenced
of serious or less serious to the penalty provided
physical injuries, robbery, for the last crime of
theft estafa or falsification.  which he be found guilty
2. he was found guilty for any and to the additional
of the said crimes a third time penalty
or an oftener of prisión mayor in its
maximum period
to reclusión temporal in
its minimum period.