TITLE 3: Article 153-160: Criminal Law II Review Notes - Revised Penal Code (Article 153-160)

CRIMINAL LAW II (Article 153-160)

Reyes, 2012, Arellano University School of Law

aiza ebina/2014

Chapter Five PUBLIC DISORDERS Art. 153. Tumults and other disturbance of public orders; Tumultuous disturbance or interruption liable to cause disturbance. — The penalty of arresto mayor in its medium period to prision correccional in its minimum period and a fine not exceeding 1,000 pesos shall be imposed upon 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. The penalty next higher in degree shall be imposed upon persons causing any disturbance or interruption of a tumultuous character. The disturbance or interruption shall be deemed to be tumultuous if caused by more than three persons who are armed or provided with means of violence. The penalty of arresto mayor shall be imposed upon any person who in any meeting, association, or public place, shall make any outcry tending to incite rebellion or sedition or in such place shall display placards or emblems which provoke a disturbance of the public order. The penalty of arresto menor and a fine not to exceed P200 pesos shall be imposed 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. TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER 1) causing any serious disturbance in a public place, office, or establishment 2) interrupting or disturbing public performances, functions or gatherings, or peaceful meetings, if the act is not included in Articles 131 and 132. 3) making any outcry tending to incite rebellion or sedition in any meeting, association or public place 4) displaying placards or emblems which provoke a disturbance of the public order in such place 5) burying with pomp the body of a person who has been legally executed Serious disturbance must be planned or intended. If the act of disturbing or interrupting a meeting or religious ceremony is not committed by public officers, or if committed by public officers they are participants therein, Article 153 should be applied. The article also applies if it is committed by a private individual. Article 131 and 132 punishes the same acts if committed by or public officers who are not participants in the meeting or religious worship. OUTCRY – to shout subversive or provocative words tending to stir up the people to obtain by means of force or violence any of the objects of rebellion or sedition

CRIMINAL LAW II (Article 153-160)

Reyes, 2012, Arellano University School of Law

aiza ebina/2014

SEDITION/REBELLION VS PUBLIC DISORDER INCITING TO REBELLION / INCITING TO SEDITION – the outcry or the displaying of emblems or placards were acts done with the idea of afterthought of inducing the offender’s hearers or readers to commit the crime of rebellion or sedition PUBLIC DISORDER – if the outcry is more or less unconscious outburst which, although rebellious or seditious in nature, is not intentionally calculated to induce others to commit rebellion or sedition QUALIFYING CIRCUMSTANCE -

if the disturbance or interruption is tumultuous in character

TUMULTUOUS – caused by more than three persons who are armed or provided with means of violence -------------------------------------------------------------------------------------------------------------------------------Art. 154. Unlawful use of means of publication and unlawful utterances. — The penalty of arresto mayor and a fine ranging from P200 to P1,000 pesos shall be imposed upon: 1. Any person who by means of printing, lithography, or any other means of publication shall publish or cause to be published as news any false news which may endanger the public order, or cause damage to the interest or credit of the State; 2. Any person who by the same means, or by words, utterances or speeches shall encourage disobedience to the law or to the constituted authorities or praise, justify, or extol any act punished by law; 3. Any person who shall maliciously publish or cause to be published any official resolution or document without proper authority, or before they have been 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. ACTS PUNISHED AS UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES 1) By 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. 2) By encouraging disobedience to the law or to the constituted authorities or by praising, justifying, or extoling any act punished by law by the same means, or by words, utterances or speeches 3) By maliciously publishing or causing to be published any official resolution or document without proper authority, or before they have been published officially 4) By 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 It is not necessary that the publication of the false news actually caused public disorder or caused damage to the interest or credit of the State. The mere possibility of causing such danger or damage is sufficient.

CRIMINAL LAW II (Article 153-160)

Reyes, 2012, Arellano University School of Law

aiza ebina/2014

If the offender does not know that the news is false, he is not liable under this article, there being no criminal intent on his part. If there is no possibility of danger to the public order or of causing damage to the interest or credit of the State by the publication of the false news, Article 154 is not applicable. --------------------------------------------------------------------------------------------------------------------------------Art. 155. Alarms and scandals. — The penalty of arresto menor or a fine not exceeding P200 pesos shall be imposed upon: 1. Any person who within any town or public place, shall discharge any firearm, rocket, firecracker, or other explosives calculated to cause alarm or danger; 2. Any person who shall instigate or take an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility; 3. Any person who, while wandering about at night or while engaged in any other nocturnal amusements, shall disturb the public peace; or 4. Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public places, provided that the circumstances of the case shall not make the provisions of Article 153 applicable. ACTS PUNISHED 1) discharging any firearm, rocket, firecracker, or other explosives within any town or public place, calculated to cause (which produces) alarm or danger 2) instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility 3) disturbing the public peace wandering about at night or while engaged in any other nocturnal amusements 4) causing any disturbances or scandal in public places while intoxicated, or otherwise, provided Article 153 is not applicable The act must produce alarm or danger as a consequence. It is the result, not the intent, that counts. Article 155 does not make any distinction as to the particular place in the town or public place where the discharge of firearm, rocket etc. is effected. CHARIVARI – a medley of discordant voices, a mock serenade of discordant noises made on kettles, tins, horns, etc. designed to annoy and insult. If the disturbance is of a serious nature, the case will fall under Article 153. -------------------------------------------------------------------------------------------------------------------------------Art. 156. Delivery of prisoners from jails. — The penalty of arresto mayor in its maximum period of prision correccional in its minimum period shall be imposed upon any person who shall remove from any jail or penal establishment any person confined therein or shall help the escape of such person, by

CRIMINAL LAW II (Article 153-160)

Reyes, 2012, Arellano University School of Law

aiza ebina/2014

means of violence, intimidation, or bribery. If other means are used, the penalty of arresto mayor shall be imposed. If the escape of the prisoner shall take place outside of said establishments by taking the guards by surprise, the same penalties shall be imposed in their minimum period. ELEMENTS 1) there is a person confined in jail or penal establishment 2) the offender removes thereform such person, or helps the escape of such person The person confined may be a mere detention prisoner. The prisoner may also be by final judgment. Hospital or asylum is considered as extension of jail or prison. The article applies even if the prisoner is in the hospital or asylum when he is removed or when the offender helps his escape. The offense under this article is usually committed by an outsider who removes from jail any person therein confined or helps him escape. OTHER OFFENDERS 1) employee of the penal establishment (provided he does not have the custody or charge of such person) 2) a prisoner who helps the escape of another prisoner 3) any person INFEDILITY IN THE CUSTODY OF A PRISONER – case applicable when the offender is a public officer who had the prisoner in his custody or charge If the accused removed from jail or penal establishment a person confined therein or helped the latter’s escape by means of violence, intimidation, or bribery, the penalty is higher. What constitutes the qualifying circumstance in Article 156 is the offender’s Act of employing bribery (inter alia) as a means of removing or delivering the prisoner from jail, and not the offender’s act of receiving or agreeing to receive a bribe as a consideration or committing the offense, which could serve only as a generic aggravating circumstance. The employment of deceit is not an essential or integral element of the crime of delivery of prisoners from jail. A person delivering a prisoner from jail may be held liable as accessory. If the escape of the prisoner takes place outside of said establishments by taking the guards by surprise, the penalty is the minimum period of that prescribed. DETENTION PRISONER REMOVED OR ESCAPED – no liability CONVICT BY FINAL JUDGMENT REMOVED OR ESCAPED – liable to evasion of service of sentence

CRIMINAL LAW II (Article 153-160)

Reyes, 2012, Arellano University School of Law

aiza ebina/2014

------------------------------------------------------------------------------------------------------------------------------Chapter Six EVASION OF SERVICE OF SENTENCE Art. 157. Evasion of service of sentence. — The penalty of prision correccional in its medium and maximum periods shall be imposed upon any convict who shall evade service of his sentence by escaping during the term of his imprisonment by reason of final judgment. However, if such evasion or escape shall have taken place by means of unlawful entry, by breaking doors, windows, gates, walls, roofs, or floors, or by using picklocks, false keys, deceit, violence or intimidation, or through connivance with other convicts or employees of the penal institution, the penalty shall be prision correccional in its maximum period. ELEMENTS 1) The offender is a convict by final judgment 2) He is serving his sentence which consists in deprivation of liberty 3) He evades the service of his sentence by escaping during the term of his sentence The crime of evasion of service of sentence can be committed only by a convict by final judgment. EXAMPLES OF NO LIABILITY UNDER ARTICLE 157 1) Convict escapes 15 days from the promulgation or notice of the judgment, without commencing the sentence, or without expressly waiving in writing his right to appeal. 2) Detention prisoners who escape 3) Minor delinquents who escape 4) Accused escaped while the sentence of conviction was under appeal 5) Offender’s appeal was later dismissed because he had escaped 6) Decision on a case by the trial court not yet final ESCAPE – to flee from; to avoid; to get out of the way, as to flee to avoid arrest DESTIERRO – deprivation of liberty Article 157 is applicable to sentence of destierro. QUALIFYING CIRCUMSTANCES -

If such evasion or escape takes place 1) 2) 3) 4)

By means of unlawful entry (by scaling or climbing the wall) By breaking doors, windows, gates, walls, roofs or floors By using picklocks, false keys, disguise, deceit, violence or intimidation Through connivance with other convicts or employees of the penal institution

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CRIMINAL LAW II (Article 153-160)

Reyes, 2012, Arellano University School of Law

aiza ebina/2014

Art. 158. Evasion of service of sentence on the occasion of disorder, conflagrations, earthquakes, or other calamities. — A convict who shall evade the service of his sentence, by leaving the penal institution where he shall have been confined, on the occasion of disorder resulting from a conflagration, earthquake, explosion, or similar catastrophe, or during a mutiny in which he has not participated, shall suffer an increase of one-fifth of the time still remaining to be served under the original sentence, which in no case shall exceed six months, if he shall fail to give himself up to the authorities within forty-eight hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity. Convicts, who, under the circumstances mentioned in the preceding paragraph, shall give themselves up to the authorities within the above mentioned period of 48 hours, shall be entitled to the deduction provided in Article 98. ELEMENTS 1) The offender is a convict by final judgment, who is confined in a penal institution 2) That there is disorder resulting from – a) Conflagration b) Earthquake c) Explosion d) Similar catastrophe e) Mutiny in which he has not participated 3) The offender evades the service of his sentence by leaving the penal institution where he shall have been confined, on the occasion of disorder or during the mutiny 4) The offender fails to give himself up to the authorities within forty-eight hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity The offender must be a convict by final judgment, although Article 158 is silent on this. Only a convict by final judgment can evade the service of his sentence. What is punished is not the leaving of the penal institution, but the failure of the convict to give himself up to the authorities within 48 hours after the proclamation announcing the passing away of the calamity. If the offender fails to give himself up within 48 hours, he shall suffer an increase of 1/5 time still remaining to be served under the original sentence, not to exceed 6 months. If the offender gives himself up to the authorities within 48 hours, he shall be entitled to a deduction of 1/5 of his sentence. MUTINY – implies an organized unlawful resistance to a superior officer, a sedition, a revolt -------------------------------------------------------------------------------------------------------------------------------------

CRIMINAL LAW II (Article 153-160)

Reyes, 2012, Arellano University School of Law

aiza ebina/2014

Art. 159. Other cases of evasion of service of sentence. — The penalty of prision correccional in its minimum period shall be imposed upon the convict who, having been granted conditional pardon by the Chief Executive, shall violate any of the conditions of such pardon. However, if the penalty remitted by the granting of such pardon be higher than six years, the convict shall then suffer the unexpired portion of his original sentence. Except in cases of impeachment, or as otherwise provide in this Constitution, the President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment. He shall also have the power to grant amnesty with the concurrence of a majority of all members of Congress. CONDITIONAL PARDON – a contract between the Chief Executive who grants the pardon and the convict who accepts it. Since it is a contract, the pardoned convict is bound to fulfill its conditions and accept all its consequences, not as he chooses, but according to its strict terms. ELEMENTS OF THE OFFENSE OF VIOLATION OF CONDITIONAL PARDON 1) The 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 PENALTIES 1) Prision correcccional in its minimum period – if penalty remitted does not exceed 6 years 2) Unexpired portion of his original sentence – if penalty remitted is higher than 6 years Violation of conditional pardon is a distinct crime so that although the crime involved in the case in which the accused was granted conditional pardon was committed in a particular jurisdiction, he should be prosecuted in the new jurisdiction where he committed the crime in violation of the conditional pardon. The violation of conditional pardon is committed in the place where the subsequent offense is perpetrated, because by committing the subsequent offense, he thereby violates the condition that “he shall not again be found guilty of any crime punishable by the laws of the Philippines.” Violation of conditional pardon is not a substantive offense, because the penalty imposed for such violation is the unexpired portion of the punishment in the original sentence. The condition imposed upon the prisoner that he should not commit another crime, extends to offenses punished by special laws. The phrase in the condition that the offender “shall not again commit another crime” does not mean merely being charged” does not mean merely charged with an offense. It is necessary that he be found guilty of the subsequent offense before he can be prosecuted under Article 159. The President has the specific power to authorize the arrest and reincarceration of any convicted person granted pardon or parole who, in his judgment, shall fail to comply with the conditions of his pardon or parole.

CRIMINAL LAW II (Article 153-160)

Reyes, 2012, Arellano University School of Law

aiza ebina/2014

The time during which the convict was out of prison cannot be deducted from the unexecuted portion of his sentence. The duration of the conditions subsequent, annexed to a pardon, would be limited to the remaining period of the prisoner’s sentence, unless an intention to extend it beyond that time was manifest from the nature of the condition or the language in which it was imposed. VIOLATION OF CONDITIONAL PARDON VS EVASION OF SERVICE OF SENTENCE BY ESCAPING VIOLATION OF CONDITIONAL PARDON – does not cause harm or injury to the right of the other person nor does the public order; it is merely an infringement of the terms stipulated in the contract between the Chief Executive and the criminal EVASION OF THE SERVICE OF THE SENTENCE – an attempt at least to evade the penalty inflicted by the courts upon criminals and thus defeat the purpose of the law of either reforming or punishing them for having disturbed the public order ------------------------------------------------------------------------------------------------------------------------------Chapter Seven COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE Art. 160. Commission of another crime during service of penalty imposed for another offense; Penalty. — Besides the provisions of Rule 5 of Article 62, any person who shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same, shall be punished by the maximum period of the penalty prescribed by law for the new felony. Any convict of the class referred to in this article, who is not a habitual criminal, shall be pardoned at the age of seventy years if he shall have already served out his original sentence, or when he shall complete it after reaching the said age, unless by reason of his conduct or other circumstances he shall not be worthy of such clemency. QUASI-RECIDIVISM – a special aggravating circumstance where a person, after having been convicted by final judgment, shall commit a new felony before beginning to serve such sentence, or while serving the same. He shall be punished by the maximum period of the penalty prescribed by law for the new felony. ELEMENTS 1) The offender was already convicted by final judgment of one offense 2) He committed a new felony before beginning to serve such sentence or while serving the same A convict by final judgment for one offense may commit a new felony before beginning to serve his sentence for the first offense, when the judgment of conviction of the lower court in the first offense having been affirmed by the appellate court and his commitment having been ordered, he committed the new felony while being taken to the prison or jail.

CRIMINAL LAW II (Article 153-160)

Reyes, 2012, Arellano University School of Law

aiza ebina/2014

The other case where Article 160 applies is when a convict by final judgment shall commit a new felony while serving his sentence for the first offense. If the offender committed a new felony after serving the sentence for the first offense, and both offenses are embraced in the same title of the Code, he is an ordinary recidivist under Article 14 because he did not commit the new felony before or while serving the sentence for the first offense. The second crime must be a felony but the first crime for which the offender is serving sentence need not be a felony. It makes no difference, for purposes of the effect of quasi-recidivism under Article 160 of the RPC, whether the crime for which as accused is serving sentence, at the time of the commission of the offense charged, falls under said Code or under a special law. The new offense need not be of different character from that of the former offense. The word “another” in Article 160 does not mean that the new felony which is committed by a person already serving sentence is different from the crime for which he is serving sentence. Quasi recidivism does not require that the two offenses are embraced in the same title of the Code. In recidivism, both the first and second offenses must be embraced in the same title of the Code. REITERACION – this aggravating circumstance requires that the offender against whom it is considered shall have served out his sentences for the prior offenses. The special aggravating circumstance of quasi-recidivism cannot be offset by any ordinary mitigating circumstance because Article 160 specifically provides that the offender “shall be punished by the maximum period of the penalty prescribed by law for the new felony.” Plea of guilty and voluntary surrender as mitigating circumstances cannot alter the penalty prescribed by Article 160. If convict is a minor under 16 years old, the penalty can be lowered by at least one degree. Minority is a privileged mitigating circumstance. A quasi-recidivist may be pardoned at age 70, and he has already served out his original sentence or when he shall complete it after reaching said age, unless by reason of his conduct or other circumstances, he shall not be worthy of such clemency. Only a convict who is not a habitual criminal shall be pardoned. When he is a habitual criminal, a quasirecidivist may not be pardoned even if he has reached the age of 70 and already served out his original sentence. --------------------------------------------------------------------------------------------------------------------------------------