TITLE THREE

I. CRIMES AGAINST PUBLIC ORDER

Article 134
REBELLION OR INSURRECTION
ELEMENTS:
1. That there be
1. public uprising and
2. taking arms against the government (force/violence)
2. That the purpose of the uprising or movement is either

1. to remove from the allegiance to said government or its laws

1. i. the territory of the Philippines or any part thereof, or

ii. any body of land, naval or other armed forces, or

2 To deprive the chief executive or congress, wholly or partially, of any of their powers or
prerogatives

Persons liable for rebellion

1. Any person who:

1. promotes

2. maintains, or

3. heads a rebellion or insurrection; or

2. Any person who, while holding any public office or employment, takes part therein by:
1. engaging in war against the forces of the government
2. destroying property or committing serious violence
3. exacting contributions or diverting public funds from the lawful purpose for which they have
been appropriated (Note: diverting public funds is malversation absorbed in rebellion);
4. Any person merely participating or executing the command of others in rebellion
Success is immaterial, purpose is always political
Rebellion used where the object of the movement is completely to overthrow and supersede
the existing government
Insurrection refers to a movement which seeks merely to effect some change of minor
importance to prevent the exercise of govt authority w/ respect to particular matters or
subjects
Actual clash of arms w/ the forces of the govt, not necessary to convict the accused who is in
conspiracy w/ others actually taking arms against the govt
Purpose of the uprising must be shown but it is not necessary that it be accomplished
A change of government w/o external participation
 RISING PUBLICLY and TAKING ARMS AGAINST GOVERNMENT actual participation. If there is no
public uprising, the crime is of direct assault.
Mere giving of aid or comfort is not criminal in the case of rebellion. Merely sympathizing is not
participation, there must be ACTUAL participation
Not necessary that there is killing, mere threat of removing Phil is sufficient
Rebellion cannot be complexed with any other crime. However, illegal possession of firearms
in furtherance of rebellion is distinct from the crime of rebellion. Furthermore, it is a continuing
crime such along with the crime of conspiracy or proposal to commit such
A private crime may be committed during rebellion. Examples: killing, possessions of firearms,
illegal association are absorbed. Rape, even if not in furtherance of rebellion cannot be
complexed
If killing, robbing were done for private purposes or for profit, without any political motivation,
the crime would be separately be punished and would not be embraced by rebellion (People v.
Fernando)
Read People v. Hernandez and Enrile v. Salazar
Person deemed leader of rebellion in case he is unknown:
Any person who in fact:
1. directed the others
2. spoke for them
3. signed receipts and other documents issued in their name
4. performed similar acts on behalf of the rebels

Article 134-A
COUP D ETAT
ELEMENTS:
1. Swift attack
2. Accompanied by violence, intimidation, threat, strategy or stealth
3. Directed against:
4. duly constituted authorities
5. any military camp or installation
6. communication networks or public utilities
1. other facilities needed for the exercise and continued possession of power
7. Singly or simultaneously carried out anywhere in the Philippines
1. Committed by any person or persons belonging to the military or police or holding any
public office or employment; with or without civilian support or participation
8. With or without civilian support or participation
9. Purpose of seizing or diminishing state power
Crime may be committed by a single person, any government employee and even by civilian
Taking up of arms not even necessary, what is important is violence, threat, intimidation,
strategy or stealth
Treason (114) Rebellion (134) Coup detat Sedition (139)
 (134-A)

Nature
of Crime
Crime against Crime against against Crime against
Crime National Security Public Order Public Order Public Order

levying war
against the
govt;
Public uprising
OR
AND
adherence and Rising publicly or
giving aid or Taking up arms tumultuously
(caused by more
comfort to against the
Overt than 3 armed men
enemies govt or provided with
Acts See article. means of violence)

Purpose
of Deliver the govt Seizing or
objectiv to enemy during diminishing See enumeration in
e war See article. state power. article.

Article 135
Penalties
Who are liable?
1. Any person who:
1. Promotes
2. Maintains
3. heads a rebellion or insurrection
4. engaging in war against the forces of the govt
5. destroying property or committing serious violence
6. exacting contributions or diverting public funds from the lawful purpose for which they have
been appropriated
2. Any person who, while holding any public office or employment, takes part therein
3. Any person merely participating or executing the command of other in a rebellion.

In Government Service Not in Government Service

Anyone who leads, directs, commands others to Anyone who participates or in an manner,
undertake a coup. supports, finances, abets, aids in a coup.

Serious violence is that inflicted upon civilians, which may result in homicide. It is not limited
to hostilities against the armed force.
 Diverting public funds is malversation absorbed in rebellion
1. Public officer must take active part because mere silence or omission not punishable in
rebellion
2. It is not a defense in rebellion that the accused never took the oath of allegiance to, or that
they never recognized the government
3. Rebellion cannot be complexed with murder and other common crimes committed in pursuance
of the movement to overthrow the government
4. Killing, robbing etc for private persons or for profit, without any political motivation, would be
separately punished and would not be absorbed in the rebellion.

Article 136
CONSPIRACY TO COMMIT REBELLION OR INSURRECTION
ELEMENTS:
1. 2 more persons come to an agreement to rise publicly and take arms against the government
2. For any of the purposes of rebellion
3. They decide to commit it
PROPOSAL TO COMMIT REBELLION OR INSURRECTION (136)
ELEMENTS:
Organizing a group of soldiers, soliciting membership in, and soliciting funds for the
organization show conspiracy to overthrow the govt
The mere fact of giving and rendering speeches favoring Communism would not make the
accused guilty of conspiracy if theres no evidence that the hearers then and there agreed to
rise up in arms against the govt
Conspiracy must be immediately prior to rebellion
If it is during the rebellion, then it is already taking part in it.
1. A person who has decided to rise publicly and take arms the government
2. For any of the purposes of rebellion
3. Proposes its execution to some other person/s

Article 137
DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES
ELEMENTS:
Presupposes existence of rebellion
Must not be in conspiracy with rebels or coup plotters
If there are means to prevent the rebellion but did not resist it, then theres disloyalty. If there
are no means, no fault
If position is accepted in order to protect the people, not covered by this
The collaborator must not have tried to impose the wishes of the rebels of the people.
1. Failing to resist rebellion by all the means in their power
2. Continuing to discharge the duties of their offices under the control of rebels
 3. Accepting appointment to office under rebels

Article 138
INCITING TO REBELLION OR INSURRECTION
ELEMENTS:
1. That the offender does not take arms or is not in open hostility against the government
2. That he incites others to the execution of any of the acts of rebellion
3. That the inciting is done by means of speeches, proclamations, writings, emblems, banners or
other representations tending to the same end
Intentionally calculated to seduce others to rebellion
There must be uprising to take up arms and rise publicly for the purposes indicated in Art 134

Proposal to Commit Rebellion (136) Inciting to Rebellion (138)

The person who proposes has decided to Not required that the offender has decided
commit rebellion. to commit rebellion.

The person who proposes the execution of

the crime uses secret means. The inciting is done publicly.

Article 139
SEDITION
ELEMENTS:
1. That the offenders rise
1. Publicly (if no public uprising = tumult and other disturbance of public order)
2. Tumultuously (vis--vis rebellion where there must be a taking of arms)
3. to prevent the promulgation or execution of any law or the holding of any popular election
4. to prevent the national government, or any provincial or municipal government, or any public
thereof from freely exercising its or his functions, or prevent the execution of any administrative
order
5. to inflict any act or hate or revenge upon the person or property of any public officer or
employee
6. to commit for any political or social end, any act of hate or revenge against private persons or
any social class (hence, even private persons may be offended parties)
7. to despoil, for any political or social end, any person, municipality or province, or the national
government of all its property or any part thereof
2. That they employ force, intimidation, or other means outside of legal methods
3. That the offenders employ any of those means to attain any of the following objects:
Sedition: raising of commotion or disturbances in the State. Its ultimate object is a violation of
the public peace or at least such measures that evidently engenders it.
 Difference from rebellion object or purpose of the surprising. For sedition sufficient that
uprising is tumultuous. In rebellion there must be taking up of arms against the government.
Sedition purpose may be either political or social. In rebellion always political
Tumultuous caused by more than 3 persons who are armed or provided with means of violence
Preventing public officers from freely exercising their functions
In sedition offender may be a private or public person (Ex. Soldier)
Public uprising and the object of sedition must concur
Q: Are common crimes absorbed in sedition? In P v. Umali, SC held that NO. Crimes committed
in that case were independent of each other.
Preventing election through legal means NOT sedition
But when sugar farmers demonstrated and destroyed the properties of sugar barons sedition
Persons liable for sedition:
1. leader of the sedition, and
2. other persons participating in the sedition

Article 142
INCITING TO SEDITION
ELEMENTS:
1. That the offender does not take a direct part in the crime of sedition
2. That he incites others to the accomplishment of any of the acts which constitute sedition (134)
3. That the inciting is done by means of speeches, proclamations, writing, emblems, cartoons,
banners, or other representations tending to the same end (purpose: cause commotion not
exactly against the government; actual disturbance not necessary)
Different acts of inciting to sedition:
When punishable:
1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of
speeches, proclamations, writings, emblems etc.
2. Uttering seditious words or speeches which tend to disturb the public peace or writing,
publishing, or circulating scurrilous [vulgar, mean, libelous] libels against the government or any
of the duly constituted authorities thereof, which tend to disturb the public peace
3. Knowingly concealing such evil practices
1. when they tend to disturb or obstruct any lawful officer in executing the functions of his
office; or
2. when they tend to instigate others to cabal and meet together for unlawful purposes
3. when they suggest or incite rebellious conspiracies or riots; or
4. when they lead or tend to stir up the people against the lawful authorities or to disturb the
peace of the community, the safety and order of the government

II. CRIMES AGAINST POPULAR REPRESENTATION

Article 143
ACTS TENDING TO PREVENT THE MEETING OF CONGRESS AND SIMILAR BODIES
ELEMENTS:
1. That there be a projected or actual meeting of Congress or any of its committees or
subcommittees, constitutional commissions or committees or division thereof, or of any
provincial board or city or municipal council or board
2. That the offender who may be any persons prevents such meeting by force or fraud
Chief of Police and mayor who prevented the meeting of the municipal council are liable under
Art 143, when the defect of the meeting is not manifest and requires an investigation before its
existence can be determined.

Article 144
DISTURBANCE OF PROCEEDINGS
ELEMENTS:
1. That there be a meeting of Congress or any of its committees, constitutional commissions or
committees or divisions thereof, or of any provincial board or city or municipal council or board
2. That the offender does any of the following acts
1. he disturbs any of such meetings
2. he 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
Complaint must be filed by member of the Legislative body. Accused may also be punished for
contempt.

Article 145
VIOLATION OF PARLIAMENTARY IMMUNITY
Acts punishable:
1. By using force, intimidation, threats, or frauds to prevent any member of Congress from
1. attending the meeting of the assembly or any of its committees, constitutional commissions or
committees or divisions thereof, or from
2. expressing his opinions or
3. casting his vote
2. By arresting or searching any member thereof while Congress is in a 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. That the offender is a public officer or employee
2. That he arrests or searches any member of Congress
3. That Congress, at the time of arrest or search, is in a regular or special session
4. That the member searched has not committed a crime punishable under the code by a penalty
higher than prision mayor (1987 constitution: privilege from arrest while congress in session in
all offenses punishable by not more than 6 years imprisonment).
 Article partly inoperative because of the 1987 Constitution

III. ILLEGAL ASSEMBLIES AND ASSOCIATIONS

Article 146
ILLEGAL ASSEMBLIES
Two (2) Types of illegal assemblies:
a. Meeting of the first form
1. Meeting, gathering or group of persons whether in a fixed place or moving
2. purpose : to commit any of crimes punishable under the code
3. meeting attended by armed persons
b. Meeting of the second form
1. Meeting, gathering or group of persons whether in a fixed place or moving
2. Audience whether armed or not, is incited to the commission of the crime of treason, rebellion
or insurrection, sedition or direct assault.
Not all the persons present at the meeting of the first form of illegal assembly must be armed
Persons liable for illegal assembly
Responsibility of persons merely present at the meeting
Presumptions if person present at the meeting carries an unlicensed firearm:
1. the organizers or leaders of the meeting
2. persons merely present at the meeting (except when presence is out of curiosity not liable)
1. if they are not armed, penalty is arresto mayor
2. if they carry arms, like bolos or knives, or licensed firearms, penalty is prision correccional
1. purpose of the meeting is to commit acts punishable under the RPC
2. considered as leader or organizer of the meeting

Article 147
ILLEGAL ASSOCIATIONS
ELEMENTS:
Persons liable:
1. Organized totally or partially for the purpose of committing any of the crimes in RPC
2. Or for some purpose contrary to public morals
1. founders, directors and president of the association
2. mere members of the association

Illegal Assembly (146) Illegal Association (147)

Must be an actual meeting of armed persons No need for such

to commit any of the crimes punishable
under the RPC, or of individuals who,
 although not armed, are incited to the
commission of treason, rebellion, sedition or
assault upon a person in authority of his
agent.

It is the meeting and the attendance at such Act of forming or organizing and
that are punished membership in the association

Founders, directors, president and

Persons liable: leaders and those present members

IV. ASSAULT, RESISTANCE AND DISOBEDIENCE

Article 148
DIRECT ASSAULT
ELEMENTS OF THE 1ST FORM OF DIRECT ASSAULT
1. That the offender employs force or intimidation.
2. 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)
3. That there is no public uprising.
ELEMENTS OF THE 2ND FORM OF DIRECT ASSAULT:
1. That the offender (a) makes an attack, (b) employs force, (c) makes a serious intimidation, or
(d) makes a serious resistance.
2. That 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 (motive is not essential), or that he is assaulted (b) by reason of
the past performance of official duties (motive is essential).
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 (with intention to offend, injure or assault).
5. That there is no public uprising.
Always complexed with the material consequence of the act (e.g. direct assault with murder)
except if resulting in a light felony, in which case, the consequence is absorbed
Hitting the policeman on the chest with fist is not direct assault because if done against an
agent of a person in authority, the force employed must be of serious character
The force employed need not be serious when the offended party is a person in authority (ex.
Laying of hands)
The intimidation or resistance must be serious whether the offended party is an agent only or a
person in authority (ex. Pointing a gun)

Force Employed Intimidation/Resistance

Need not be serious Serious

Person in Authority
 Must be of serious character Serious
Agent

Person in authority: any person directly vested with jurisdiction (power or authority to govern
and execute the laws) whether as an individual or as a member of some court or governmental
corporation, board or commission
A barangay captain is a person in authority, so is a Division Superintendent of schools, President
of Sanitary Division and a teacher
Agent: is one 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. (Example. Barrio councilman and any person who comes to the aid of the
person in authority, policeman, municipal treasurer, postmaster, sheriff, agents of the BIR,
Malacaang confidential agent)
Even when the person in authority or the agent agrees to fight, still direct assault.
When the person in authority or the agent provoked/attacked first, innocent party is entitled
to defend himself and cannot be held liable for assault or resistance nor for physical injuries,
because he acts in legitimate self-defense
There can be no assault upon or disobedience to one authority by another when they both
contend that they were in the exercise of their respective duties.
When assault is made by reason of the performance of his duty there is no need for actual
performance of his official duty when attacked
Circumstances qualifying the offense (Qualified Assault):
Complex crime of direct assault with homicide or murder, or with serious physical injuries.
Direct assault cannot be committed during rebellion.
1. when the assault is committed with a weapon
2. when the offender is a public officer or employee
3. when the offender lays hand upon a person in authority
Article 149
INDIRECT ASSAULT
ELEMENTS:
1. That a person in authority or his agent is the victim of any of the forms of direct assault
defined in ART. 148.
2. That a person comes to the aid of such authority or his agent.
3. That the offender makes use of force or intimidation upon such person coming to the aid of the
authority or his agent.
Indirect assault can be committed only when a direct assault is also committed
To be indirect assault, the person who should be aided is the agent (not the person in authority
because it is already direct assault, the person coming to the aid of the person in authority being
considered as an agent and an attack on the latter is already direct assault). Example. Aiding a
policeman under attack.
Article 150
DISOBEDIENCE TO SUMMONS
Acts punishable:
1. refusing without legal excuse to obey summons
2. refusing to be sworn or placed under affirmation
3. refusing to answer any legal inquiry to produce books, records etc.
4. restraining another from attending as witness in such body
5. 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:
1. That a person in authority or his agent is engaged in the performance of official duty or gives a
lawful order to the offender.
2. That the offender resists or seriously disobeys such person in authority or his agent.
3. That the act of the offender is not included in the provisions of arts. 148, 149 and 150.
SIMPLE DISOBEDIENCE (par. 2)
ELEMENTS:
1. That an agent of a person in authority is engaged in the performance of official duty gives a
lawful order to the offender.
2. That the offender disobeys such agent of a person in authority.
3. That such disobedience is not of a serious nature.

Resistant and Disobedience to a Person in

Direct Assault (148) Authority or Agents of such Person (151)

PIA or his agent must be engaged in the

performance of official duties or that he PIA or his agent must be in the actual
is assaulted performance of his duties.

Direct assault is committed in 4 ways by

attacking, employing force, and seriously Committed by resisting or seriously disobeying
resisting a PIA or his agent. a PIA or his agent.

Use of force against an agent of a PIA is not so

Use of force against an agent of PIA must serious; no manifest intention to defy the law
be serious and deliberate. and the officers enforcing it.

Article 152
PERSONS IN AUTHORITY/AGENTS OF PERSONS IN AUTHORITY:
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.
1. Barangay captain
2. Barangay chairman
 3. Teachers
4. Professors
5. Persons charged with the supervision of public or duly recognized private schools, colleges and
universities
6. Lawyers in the actual performance of their professional duties or on the occasion of such
performance
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.
1. Barrio councilman
2. Barrio policeman
3. Barangay leader
4. Any person who comes to the aid of persons in authority
Section 388 of the Local Govt Code provides that for purposes of the RPC, the punong
barangay, sangguniang barangay members and members of the lupong tagapamayapa in each
barangay shall be deemed as persons in authority in their jurisdictions, while other barangay
officials and members who may be designated by law or ordinance and charged with the
maintenance of public order, protection and the security of life, property, or the maintenance of
a desirable and balanced environment, and any barangay member who comes to the aid of
persons in authority shall be deemed AGENT of persons in authority.

V. CRIMES AGAINST PUBLIC DISORDERS

Article 153
TYPES OF 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, gatherings or peaceful meetings, if
the act is not included in Art 131 and 132 (Public Officers interrupting peaceful meetings or
religious worship).
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 public order in such place
5. Burying with pomp the body of a person who has been legally executed.
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 not participants therein, this article
applies. Art 131 and 132 punishes the same acts if committed by public officers who are NOT
participants in the meeting
The outcry is merely a public disorder if it is an unconscious outburst which, although
rebellious or seditious in nature, is not intentionally calculated to induce others to commit
rebellion or sedition, otherwise, its inciting to rebellion or sedition.
Tumultuous if caused by more than 3 persons who are armed or provided with means of
violence (circumstance qualifying the disturbance/interruption) tumultuous in character
Article 154
 TYPES OF UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES:
1. 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. 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
3. Maliciously publishing or causing to be published any official resolution or document without
proper authority, or before they have been published officially
4. 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.

Article 155
TYPES OF ALARMS AND SCANDALS:
1. Discharging any firearm, rocket, firecracker, or other explosive within any town or public
place, calculated to cause alarm or danger
2. Instigating or taking active part in any charivari or other disorderly meeting offensive to
another or prejudicial to public tranquility
3. Disturbing the public peace while wandering about at night or while engaged in any other
nocturnal amusement
4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided
the act is not covered by Art 153 (tumult).
Charivari mock serenade or discordant noises made with kettles, tin horns etc, designed to
deride, insult or annoy
Firearm must not be pointed at a person, otherwise, it is illegal discharge
What governs is the result, not the intent

CRIME Nature of Crime Who are Liable

Tumults and other Private persons,

Disturbances (153) Crime against Public Order outsider

Private persons,
Alarms and Scandals (155) Crime against Public Order outsider

Article 156
ELEMENTS OF DELIVERING PRISONERS FROM JAILS:
1. That there is a person confined in a jail or penal establishment.
2. 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).
3. Offender is a private individual
Prisoner may be detention prisoner or one sentenced by virtue of a final judgment
 A policeman assigned to the city jail as guard who while off-duty released a prisoner is liable
here
It may be committed through negligence
Circumstances qualifying the offense is committed by means of violence, intimidation or
bribery.
Mitigating circumstance if it takes place outside the penal establishment by taking the guards
by surprise

VI. EVASION OF SENTENCE OR SERVICE

Article 157
ELEMENTS OF EVASION OF SERVICE OF SENTENCE:
1. That the offender is a convict by final judgment.
2. That he is serving his sentence which consists in deprivation of liberty (destierro included)
3. That he evades the service of his sentence by escaping during the term if his sentence. (fact of
return immaterial).
A continuing offense.
Offenders not minor delinquents nor detention prisoners
If escaped within the 15 day appeal period no evasion
No applicable to deportation as the sentence
Flimsy excuse for violating destierro not acceptable
Circumstances qualifying the offense (done thru):
1. unlawful entry (by scaling)
2. breaking doors, windows, gates, walls, roofs or floors
3. using picklocks, false keys, disguise, deceit, violence or intimidation
4. connivance with other convicts or employees of the penal institution

Article 158
ELEMENTS OF EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS,
CONFLAGRATIONS, EARTHQUAKES OR OTHER CALAMITIES:
1. That the offender is a convict by final judgement who is confined in a penal institution.
2. That there is disorder, resulting from- 1. conflagration,

2. earthquake,

3. explosion, or

4. similar catastrophe, or

5. mutiny in which he has not participated.

 1. 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.
2. That the offender fails to give himself up to the authorities within 48 hours following the
insurance of a proclamation by the chief executive announcing the passing away of such
calamity.
Penalty: an increase by 1/5 of the time remaining to be served under the original sentence, in
no case to exceed 6 months.
Offender must escape to be entitled to allowance
Mutiny organized unlawful resistance to a superior officer, a sedition, a revolt
Disarming the guards is not mutiny

Article 159
VIOLATION OF CONDITIONAL PARDON
ELEMENTS:
1. That the offender was a convict.
2. That he was granted a conditional pardon by the chief executive.
3. That he violated any of the conditions of such pardon.
Condition extends to special laws violation of illegal voting
Offender must have been found guilty of the subsequent offense before he can be prosecuted
under this Article. But if under Revised Admin Code, no conviction necessary. President has
power to arrest, reincarnate offender without trial.

VIOLATION OF PARDON ORDINARY EVASION

Infringement of conditions/terms of To evade the penalty given by the courts

President disturbs the public order

Two penalties provided:

1. prision correccional in its minimum period if the penalty remitted does not exceed 6 years
2. the unexpired portion of his original sentence if the penalty remitted is higher than 6 years

VII. COMMISSION OF ANOTHER CRIME

Article 160
COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER
PREVIOUS OFFENSE-PENALTY: (quasi-recidivism)
ELEMENTS
1. That the offender was already convicted by final judgement of one offense.
2. That he committed a new felony before beginning to serve such sentence or while serving the
same.
Quasi-recidivism : a person after having been convicted by final judgement shall commit a new
felony before beginning to serve such sentence, or while serving the same.
 Second crimes must belong to the RPC, not special laws. First crime may be either from the
RPC or special laws
Reiteracion: offender shall have served out his sentence for the prior offense
A quasi-recidivist may be pardoned at age 70. Except: Unworthy or Habitual Delinquent
If new felony is evasion of sentence offender is not a quasi-recidivist
Penalty: maximum period of the penalty for the new felony should be imposed (mitigating
circumstance can only be appreciated if the maximum is divisible)
Quasi-Recidivism may be offset by a special privileged mitigating circumstance (ex. Minority)