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Crimes Against Popular Representation

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CRIMINAL LAW REVIEWER

ELEMENTS OF ACTS TENDING TO PREVENT THE .MEETING OF THE CONGRESS OF THE PHILIPPINES
AND SIMILAR BODIES:

1. There be projected or actual meeting of the Congress 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. Offender, who may be any person, prevents such meeting by force or fraud.

ELEMENTS OF DISTURBANCE OF PROCEEDINGS:

1. There is a meeting of Congress or any of its committees or subcommittees, constitutional


commissions or committees or divisions thereof, or any provincial board or city or municipality
council or board.
2. Offender does any of the following acts:
a. Disturbs any such meetings
b. Behaves while in the presence of any such bodies, in such a manner as to interrupt its
proceedings or to impair the respect due it.

FORMS OF ILLEGAL ASSEMBLIES:

1. Any meeting attended by armed persons for the purpose of committing any of the crimes
punishable under the RPC.
ELEMENTS:
A. There is a meeting, a gathering or group of persons, whether in fixed place or moving.
B. The meeting is attended by armed persons.
C. The purpose of the meeting is to commit any of the crimes punishable under the RPC.

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.

ELEMENTS:

A. There is a meeting, a gathering group of persons, whether in a fixed place or moving.


B. The audience, whether armed or not, is incited to the commission of the crime of treason,
rebellion, or insurrection, sedition or direct assault.

WAYS TO COMMIT DIRECT ASSAULT:

First form: Without public uprising, by employing force or intimidation for attainment of any of the
purposes enumerated in defining the crimes of rebellion and sedition.

ELEMENTS:

1. That the offender employs force or intimidation.


CRIMINAL LAW REVIEWER

2. That the aim of the offender is to attain any of the purposes of the crime of rebellion or any of
the objects in the crime of sedition.
3. That there is no public uprising.

Second form: 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:

1. That the offender:


a. Makes an attack
b. Employs force
c. Makes a serious intimidation
d. Makes a serious resistance
2. The person assaulted is a person in authority or his agent.
3. That at the time of the assault the person in authority or his agent
a. Is engaged in the actual performance of official duties, or
b. That he is assaulted, by reason of the past performance of official duties.
4. That the offender knows that the one he is assaulting is a person in authority or his agent in the
exercise of his duties.
5. That there is no public uprising.

ELEMENTS OF INDIRECT ASSAULT:

1. Person in authority or his agent is the victim of the forms of direct assault.
2. A person comes to the aid of such authority or his agent.
3. Offender makes use of force or intimidation upon such person coming to the aid of the authority
or his agent.

ELEMENTS OF RESISTANCE AND SERIOUS DISOBEDIENCE:

1. Person in authority or his agent is engaged in the performance of official duty or gives a lawful
order to the offender.
2. Offender resists or seriously disobeys such person in authority or his agent.
3. Act of the offender is not included in the provisions of Arts. 148, 149 and 150.

ELEMENTS OF SIMPLE DISOBEDIENCE:

1. An agent of a person in authority is engaged in the performance of official duty or gives a lawful
order to the offender.
2. Offender disobeys such agent of a person in authority.
3. Such disobedience is not a serious nature.

ELEMENTS OF EVASION OF SERVICE OF SENTENCE :


CRIMINAL LAW REVIEWER

1. Offender is a convict by final judgment.


2. He is serving his sentence which consist of deprivation of liberty.
3. He evades the service of his sentence by escaping during the term of his sentence.

ELEMENTS OF EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS,


CONFLAGRATIONS, EARTHQUAKES OR OTHER CALAMITIES:

1. Offender is a convict by final judgment, who is confined in a penal institution.


2. There is disorder, resulting from: a. Conflagration b. Earthquake c. Explosion d. Similar
catastrophe e. Mutiny in which he has not participated.
3. Offender evades the service of his sentence by leaving the penal institution where he is confined
on the occasion of such disorder or during the mutiny.
4. Offender fails to give himself up to the authorities within 48 hours following the issuance of
proclamation by Chief Executive announcing the passing away of such calamity.

ELEMENTS OF VIOLATION OF CONDITIONAL PARDON:

1. Offender was a convict.


2. He was granted a conditional pardon by the Chief Executive.
3. He violated any of the conditions of such pardon.

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