1. Concept
| Article 146. Illegal assemblies. – The penalty of prision correccional in its maximum period to prision mayor in its medium period shall be imposed upon the organizers or leaders of any meeting attended by armed persons for the purpose of committing any of the crimes punishable under this Code, or of any meeting in which the audience is incited to the commission of the crime of treason, rebellion or insurrection, sedition or assault upon a person in authority or his agents. Persons merely present at such meeting shall suffer the penalty of arresto mayor, unless they are armed, in which case the penalty shall be prision correccional. |
| If any person present at the meeting carries an unlicensed firearm, it shall be presumed that the purpose of said meeting, insofar as he is concerned, is to commit acts punishable under this Code, and he shall be considered a leader or organizer of the meeting within the purview of the preceding paragraph. |
| As used in this article, the word “meeting” shall be understood to include a gathering or group, whether in a fixed place or moving. (Act No. 3815, Revised Penal Code) |
“Meeting” – as used in this article, include a gathering or group, whether in a fixed place or moving. (Paragraph 3, Article 146, Ibid.)
2. Modes of commission
3 modes of committing the offense:
1) Offenders are the organizers or leaders of any meeting;
2) Offender is merely present at such meeting; or
3) Offender is present and armed.
a. Offenders are the organizers or leaders of any meeting
Elements of the offense:
1) The offenders are the organizers or leaders of any meeting;
2) The meeting is attended by armed persons for the purpose of committing any of the crimes punishable under the Revised Penal Code, or of any meeting in which the audience is incited to the commission of the crime of treason, rebellion or insurrection, sedition or assault upon a person in authority or his agents.
b. Offender is merely present at such meeting
Elements of the offense:
1) The offender is merely present at such meeting
c. Offender is present and armed
Elements of the offense:
1) The offender is present at such meeting; and,
2) He is are armed. (Article 146, Ibid.)
References
⦁ Title 3 – Crimes Against Public Order, Book 2, Revised Penal Code
