Disobedience to summons issued by the National Assembly, etc., Revised Penal Code

1. Concept

Art. 150. Disobedience to summons issued by Congress, its committees or subcommittees, by the Constitutional Commissions, its committees, subcommittees or divisions – The penalty of arresto mayor or a fine ranging from Forty thousand pesos (₱40,000) to Two hundred thousand pesos (₱200,000), or both such fine and imprisonment, shall be imposed upon any person who, having been duly summoned to attend as a witness before Congress, its special or standing committees and subcommittees, the Constitutional Commissions and its committees, subcommittees, or divisions, or before any commission or committee chairman or member authorized to summon witnesses, refuses, without legal excuse to obey such summons, or being present before any such legislative or constitutional body or official, refuses to be sworn or placed under affirmation or to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions. The same penalty shall be imposed upon any person who shall induce disobedience to summons or refusal to be sworn by any such body or official. (Act No. 3815, Revised Penal Code)

2. Mode of commission

2 modes of committing the offense:

1) The offender has been duly summoned to attend as a witness before the National Assembly, (Congress)/etc.; or

2) A person other than the offender has been duly summoned to attend as a witness before the National Assembly (Congress)/etc.

a. The offender has been duly summoned to attend as a witness before the National Assembly, (Congress)/etc.

Elements of the offense:

1) The offender has been duly summoned to attend as a witness before the National Assembly, (Congress), its special or standing committees and subcommittees, the Constitutional Commissions and its committees, subcommittees, or divisions, or before any commission or committee chairman or member authorized to summon witnesses; and,

2) He refuses, without legal excuse, to obey such summons, or being present before any such legislative or constitutional body or official, refuses to be sworn or placed under affirmation or to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions.

b. A person other than the offender has been duly summoned to attend as a witness before the National Assembly (Congress)/etc.

Elements of the offense:

1) A person other than the offender has been duly summoned to attend as a witness before the National Assembly, (Congress), its special or standing committees and subcommittees, the Constitutional Commissions and its committees, subcommittees, or divisions, or before any commission or committee chairman or member authorized to summon witnesses; and,

2) The offender restrains the other person from attending as a witness, or the offender shall induce disobedience to a summon or refusal to be sworn by any such body or official.

References

Title 3 – Crimes Against Public Order, Book 2, Revised Penal Code

Content Details

Disclaimer: All information is for educational and general information only. These should not be taken as professional legal advice or opinion. Please consult a competent lawyer to address your specific concerns. Any statements or opinions of the author are solely his own and do not reflect that of any organization he may be connected. Please refer to our full Disclaimer.

For updates: If the legal provisions being discussed have been amended or repealed by legislation or has been the subject of a Supreme Court decision which may have impacted how it is interpreted, do let us know so we can consider for the next update. Reach out via our Contact Us

Related Content

Videos & Podcasts

Legal Maxims

dura lex, sed lex

Latin maxim. • “The law is hard, but that is the law.” (Dela Cruz v. CA, G.R. Nos. 120652, 11 February 1998)

pacta sunt servanda

Latin maxim. • “parties to a treaty to keep their agreement therein in good faith” (Secretary of Justice v. Lantion, En Banc, G.R. No. 139465,

See more

Law Content