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ART.142-INCITING TO SEDITION
Elements:
1. That the offender does not take direct part in the crime of sedition;
2. That he incites others to the accomplishment of any of the acts which constitute
sedition;
3. That the inciting is done by means of Speeches, Proclamation, Writings,
Emblems, Cartoons, Banners, or other representations (SPWECBaR) tending to
the same end.
Uttering seditious words and speeches and writing, publishing or circulating scurrilous
libels are punishable when:
1. They tend to disturb or obstruct any lawful officer in executing the functions of
his office; or
2. They tend to instigate others to cabal and meet together for unlawful purposes; or
3. They suggest or incite rebellious conspiracies or riots; or
4. 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. ( Art.142,
second Part)
Elements:
Art.144-DISTURBANCE OF PROCEEDINGS
Elements:
Type A
Elements:
1. That the offender (any person) uses (FIFT):
a. Force
b. Intimidation
c. Fraud
d. Threats
2. That the purpose of the offender is to prevent any member of the Legislature
from:
a. attending the meetings of the Assembly orany of its committees or
constitutional commissions, etc.; or
b. expressing his opinions; or
c. casting his vote
Type B
Elements:
1. That the offender is a public officer or employee;
2. That the arrests or searches any member of the Legislature;
3. That the Legislature, at the time of the arrest or search, is in regular or special
session;
4. That the member arrested or searched has not committed a crime punishable of
more than 6 years.
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Art.146-ILLEGAL ASSEMBLIES
TYPE A
Elements:
1. That there is a
a. meeting
b. gathering
c. c. group of persons whether in affixed place or moving;
2. That the meeting is attended by armed persons;
3. That the purpose of the meeting is to commit any crime punishable by the
RPC.
Type B
Elements:
4. That there is a
a. meeting
b. gathering
c. c. group of persons whether in affixed place or moving;
5. That the audience whether armed or not, is incited to the commission of the
crime of (TRIDAS):
a. Treason
b. Rebellion
c. Insurrection
d. Direct assault
e. Sedition
Art.147-ILLEGAL ASSOCIATIONS
THE FOLLOWING ARE ILLEGAL ASSOCIATIONS
1. Associations totally or partially organized for the purpose of committing any
of the crimes punishable under the Revised Penal Code.
2. Associations totally or partially organized for some purpose contrary to the
public morals.
Art.148-DIRECT ASSAULTS
Art.160-Quasi-Recidivism
Elements:
1. That the offender is already convicted by final judgment of one offense
2. That he committed anew felony
a. before beginning to serve such sentence, or
b. while serving the same.
Second crime must be a felony (punishable under the RPC).But the first crime
for which the offender is serving sentence need not be a felony.