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Article 148 DIRECT ASSAULT ELEMENTS OF THE 1ST FORM OF DIRECT ASSAULT a.

. That the offender employs force or intimidation. b. That the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of the crimes of sedition. (victim need not be person in authority) c. That uprising. there is no public

d. That the offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties (with intention to offend, injure or assault). e. That uprising. Article 149 INDIRECT ASSAULT ELEMENTS: a. That a person in authority or his agent is the victim of any of the forms of direct assault defined in ART. 148. b. That a person comes to the aid of such authority or his agent. c. That the offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent. Article 150 DISOBEDIENCE TO SUMMONS Acts punishable: a. refusing without legal excuse to obey summons b. refusing to be sworn or placed under affirmation there is no public

c. refusing to answer any legal inquiry to produce books, records etc. d. restraining another from attending as witness in such body e. inducing disobedience to a summons or refusal to be sworn Article 151 RESISTANCE/DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENT OF SUCH PERSON (par. 1) ELEMENTS: a. That a person in authority or agent is engaged in performance of official duty gives a lawful order to offender. his the or the

ELEMENTS OF THE 2ND FORM OF DIRECT ASSAULT: a. That the offender (a) makes an attack, (b) employs force, (c) makes a serious intimidation, or (d) makes a serious resistance. b. That the person assaulted is a person in authority or his agent. c. That at the time of the assault the person in authority or his agent (a) is engaged in the actual performance of official duties (motive is not essential), or that he is assaulted (b) by reason of the past performance of official duties (motive is essential).

b. That the offender resists or seriously disobeys such person in authority or his agent. c. That the act of the offender is not included in the provisions of arts. 148, 149 and 150. SIMPLE DISOBEDIENCE (par. 2) ELEMENTS: a. That an agent of a person in authority is engaged in the performance of official duty gives a lawful order to the offender.

b. That the offender disobeys such agent of a person in authority. c. That such disobedience is not of a serious nature. Article 152 PERSONS IN AUTHORITY/AGENTS PERSONS IN AUTHORITY: OF

b. Interrupting or disturbing public performances, functions, gatherings or peaceful meetings, if the act is not included in Art 131 and 132 (Public Officers interrupting peaceful meetings or religious worship). c. Making any outcry tending to incite rebellion or sedition in any meeting, association or public place d. Displaying placards or emblems which provoke a disturbance of public order in such place e. Burying with pomp the body of a person who has been legally executed. Article 154 UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES TYPES: a. 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. b. Encouraging disobedience to the law or to the constituted

authorities or by praising, justifying or extolling any act punished by law, by the same means or by words, utterances or speeches c. Maliciously publishing or causing to be published any official resolution or document without proper authority, or before they have been published officially d. Printing, publishing or distributing or (causing the same) books, pamphlets, periodicals or leaflets which do not bear the real printers name or which are classified as anonymous.

Persons in Authority any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission. Agent of Person in Authority any person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property.

Article 155

ALARMS AND SCANDALS TYPES: a. Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause alarm or danger b. Instigating or taking active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility c. Disturbing the public peace while wandering about at night or

CRIMES AGAINST PUBLIC DISORDERS


Article 153 TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER TYPES: a. Causing any serious disturbance in a public place, office or establishment

while engaged in nocturnal amusement

any

other

(3)

Violating the condition of conditional pardon under Article 159.

3. explosion, or 4. similar catastrophe, or mutiny , participated. 5. not

d. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided the act is not covered by Art 153 (tumult). Article 156 DELIVERING PRISONERS FROM JAILS ELEMENTS : a. That there is a person confined in a jail or penal establishment. b. That the offender removes therefor such person, or helps the escape of such person (if the escapee is serving final judgement, he is guilty of evasion of sentence).

Article 157 EVASION OF SERVICE OF SENTENCE ELEMENTS : a. That the offender is a convict by final judgment. b. That he is serving his sentence which consists in deprivation of liberty (destierro included) c. That he evades the service of his sentence by escaping during the term if his sentence. (fact of return immaterial). Article 158 EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS, CONFLAGRATIONS, EARTHQUAKES OR OTHER CALAMITIES ELEMENTS : a. That the offender is a convict by final judgement who is confined in a penal institution. b. That there is disorder, resulting from- 1. conflagration, 2. earthquake, or

c. That the 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. d. That the offender fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the chief executive announcing the passing away of such calamity. Article 159 VIOLATION OF CONDITIONAL PARDON ELEMENTS: a. That the offender was a convict. b. That he was granted a conditional pardon by the chief executive.

EVASION OF SENTENCE OR SERVICE


Evasion of service of sentence has three forms: (1) (2) By simply leaving or escaping from the penal establishment under Article 157; Failure to return within 48 hours after having left the penal establishment because of a calamity, conflagration or mutiny and such calamity, conflagration or mutiny has been announced as already passed under Article 158;

c. Offender is a private individual

c. That he violated any of the conditions of such pardon.

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