CRIMINAL LAW II (Arcticle 143-147) Reyes, 2012, Arellano University School of Law aiza ebina/2014

CHAPTER TWO
CRIMES AGAINST POPULAR REPRESENTATION

Section One
Crimes against legislative bodies and similar bodies

Art. 143. Act tending to prevent the meeting of the Assembly and similar bodies. The penalty of
prision correccional or a fine ranging from 200 to 2,000 pesos, or both, shall be imposed upon any
person who, by force or fraud, prevents the meeting of the National Assembly (Congress of the
Philippines) 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.

ELEMENTS

1) There be a projected or actual meeting of the National Assembly (Congress of the Philippines) 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
2) The offender who may be any person who prevents such meeting by force or fraud

---------------------------------------------------------------------------------------------------------------------------------------

Art. 144. Disturbance of proceedings. The penalty of arresto mayor or a fine from 200 to 1,000
pesos shall be imposed upon any person who disturbs the meetings of the National Assembly
(Congress of the Philippines) 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, or in the presence of any such bodies should behave in such manner as to interrupt its
proceedings or to impair the respect due it.

ELEMENTS

1) There be a meeting of the National Assembly 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
2) The offender does any of the following acts:
a) Disturbs any of 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

It must be a meeting of a legislative body or of provincial board or city or municipal council or board
which is disturbed. The offender must be a member of the council being a participant therein.

The crime defined and penalized under Article 144 of the RPC is not among those which may not be
prosecuted de oficio. 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.

One who disturbs the proceedings of the National assembly may also be punished for contempt by the
Assembly.
CRIMINAL LAW II (Arcticle 143-147) Reyes, 2012, Arellano University School of Law aiza ebina/2014

The implied power to punish for contempt of the National Assembly is coercive in nature. The power to
punish crime is punitive in character. The same act could be made the basis for contempt proceedings
and for criminal prosecution.

-------------------------------------------------------------------------------------------------------------------------------

Section Two
Violation of Parliamentary Immunity

Art. 145. Violation of parliamentary immunity. The penalty of prision mayor shall be imposed upon
any person who shall use force, intimidation, threats, or fraud to prevent any member of the National
Assembly (Congress of the Philippines) from attending the meetings of the Assembly (Congress) or of
any of its committees or subcommittees, constitutional commissions or committees or divisions
thereof, from expressing his opinions or casting his vote; and the penalty of prision correccional shall
be imposed upon any public officer or employee who shall, while the Assembly (Congress) is in regular
or special session, arrest or search any member thereof, except in case such member has committed a
crime punishable under this Code by a penalty higher than prision mayor.

ACTS PUNISHABLE

1) Using force, intimidation, threats, or frauds to prevent any member of the National Assembly
from (1) attending the meetings of the Assembly or of any of its committees or subcommittees,
constitutional commissions or committees or divisions thereof, or from (2) expressing his
opinions or casting his vote

ELEMENTS

1) The offender uses force, intimidation , threats or fraud
2) 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.
b) expressing his opinions
c) casting his vote
The offender is any person.

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) The offender is a public officer or employee
2) He arrests or searches any member of the National Assembly
3) The Assembly, at the time of arrest or search, is in regular or special session
4) The member arrested or searched has not committed a crime punishable under the Code by a
penalty higher than prision mayor
CRIMINAL LAW II (Arcticle 143-147) Reyes, 2012, Arellano University School of Law aiza ebina/2014

It is not necessary that a member of the Assembly is actually prevented from attending the meeting of
the National Assembly. It is sufficient that the offender, in using force, intimidation, threats or frauds has
the purpose to prevent a member from exercising any of his such prerogatives.

PARLIAMENTARY IMMUNITY guarantees the legislator complete freedom of expression without fear
of being made responsible in criminal or civil actions before the courts or any other forum outside of the
Congressional Hall.

Parliamentary immunity does not protect members of the National Assembly from responsibility before
the legislative body itself whenever his words and conduct are considered by the latter disorderly or
unbecoming of a member thereof. He could be censured, committed to prison, suspended, and even
expelled by the votes of his colleagues.

The 1987 Constitution exempts members of Congress from arrest, while the Congress is in session, for all
offenses punishable by a penalty less than prision mayor.

To be consistent with the 1987 Constitution, the phrase by a penalty higher than prision mayor in
Article 145 should be amended to read: by penalty of prision mayor or higher.

-------------------------------------------------------------------------------------------------------------------------------

CHAPTER THREE
ILLEGAL ASSEMBLIES AND ASSOCIATIONS

Art. 146. Illegal assemblies. The penalty of prision correccional in its maximum period to prision
mayor in its medium period shall be imposed upon the organizers or leaders of any meeting attended
by armed persons for the purpose of committing any of the crimes punishable under this Code, or of
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. Persons merely present at
such meeting shall suffer the penalty of arresto mayor, unless they are armed, in which case the
penalty shall be prision correccional.

If any person present at the meeting carries an unlicensed firearm, it shall be presumed that the
purpose of said meeting, insofar as he is concerned, is to commit acts punishable under this Code, and
he shall be considered a leader or organizer of the meeting within the purview of the preceding
paragraph.

As used in this article, the word "meeting" shall be understood to include a gathering or group,
whether in a fixed place or moving.

ILLEGAL ASSEMBLIES

1) Any meeting attended by armed persons for the purpose of committing any of the crimes
punishable under the Code.

REQUISITES

a) There is a meeting, a gathering or group of persons, whether in a fixed place or moving.
CRIMINAL LAW II (Arcticle 143-147) Reyes, 2012, Arellano University School of Law aiza ebina/2014

b) The meeting is attended by armed persons
c) 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

REQUSITES

a) There is a meeting, a gathering or 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

The persons present at the meeting must be armed in the first form of illegal assembly. But not all the
persons present at the meeting of the first form of illegal assembly must be armed. The unarmed person
merely present at the meeting of the first form of illegal assembly is liable.

If in a meeting the audience is incited to the commission of rebellion or sedition, the crimes committed
are (1) illegal assembly as regards: (a) the organizers or leaders; and (b) persons merely present; and (2)
inciting to rebellion or sedition insofar as the one inciting them is concerned.

PERSONS LIABLE FOR ILLEGAL ASSEMBLY

1) The organizers or leaders o the meeting
2) Persons merely present at the meeting

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.

PENALTY

1) NOT ARMED arresto mayor
2) ARMED pricion correccional (bolos, knives, licensed firearms)
3) UNLICENSED FIREARMS considered as a leader or organizer of the meeting (it is presumed
that the purpose of the meeting is to commit acts punishable by the Code

A gathering or group, whether in a fixed place or moving, is included in the word meeting.

------------------------------------------------------------------------------------------------------------------------------------

Art. 147. Illegal associations. The penalty of prision correccional in its minimum and medium
periods and a fine not exceeding 1,000 pesos shall be imposed upon the founders, directors, and
presidents of 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. Mere members of
said associations shall suffer the penalty of arresto mayor.



CRIMINAL LAW II (Arcticle 143-147) Reyes, 2012, Arellano University School of Law aiza ebina/2014

ILLEGAL ASSOCIATIONS

1) associations 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

PERSONS LIABLE

1) founders, directors and president of the association
2) mere members of the association

ILLEGAL ASSOCIATION VS ILLEGAL ASSEMBLY

ILLEGAL ASSEMBLY it is necessary that there is an actual meeting or assembly of armed persons for the
purpose of committing any of the crimes punishable under the Code, or of individuals who, although not
armed, are incited to the commission of treason, rebellion, sedition or assault upon a person in
authority or his agent.
ILLEGAL ASSOCIATION it is not necessary that there be an actual meeting

ILLEGAL ASSEMBLY the meeting and attendance at such meeting is punished
ILLEGAL ASSOCIATION the act of forming or organizing and membership in the association is punished

ILLEGAL ASSEMBLY the persons liable are (1) organizers or leader of the meeting; (2) persons present
at the meeting
ILLEGAL ASSOCIATION the persons liable are (1) founders, directors, and president; (2) the members

SUBVERSION

ACTS PUNISHED UNDER RA No, 1700 (Anti-Subversion Act)

1) knowingly, willfully and by overt acts (a) affiliating oneself with (b) becoming, or (c) remaining a
member of the Communist Party of the Philippines and/or its successors or of any subversive
association
2) conspiring with any other person to overthrow the Government of the Philippines or the
government of any of the political subdivisions by force, violence, deceit, subversion, or other
illegal means for the purpose of placing such government or political subdivision under the
control and domination of any alien power
3) taking up arms against the Government, the offender being a member of the Communist Party
or any subversive association

REBELLION VS SUBVERSION

REBELLION committed by rising publicly and taking up arms against the Government for any of the
purposes specified in Article 134 of the RPC
SUBVERSION affiliation or membership in a subversive organization

REBELLION there must be a public uprising and taking of arms against the Government
SUBVERSION mere membership in a subversive association is sufficient
CRIMINAL LAW II (Arcticle 143-147) Reyes, 2012, Arellano University School of Law aiza ebina/2014

The taking up of arms by a member of a subversive organization against the Government is but a
circumstance which raises the penalty to be imposed upon the offender.

There is currently no law which punishes subversion. RA No. 1700 (Anti-Subversion Act) was superseded
by PD No. 885 (Revised Anti-Subversion Law). EO No. 167 revived RA No. 1700 and repealed PD No. 885.
RA 1700 was amended by EO No. 276. RA No. 7636 repealed RA No. 1700, as amended.

----------------------------------------------------------------------------------------------------------------------------