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
