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Illegal Assemblies

ART. 146.

2 TYPES OF ILLEGAL ASSEMBLIES:
  1. Meeting attended by armed persons for the purpose of committing any of the crimes
     punishable under the Revised Penal Code;
       REQUISITES:
         1. There’s a meeting – gather or group of persons whether fixed or moving;
         2. Meeting is attended by armed persons
         3. The Purpose of meeting is to commit any of the crimes punishable under the RPC.


  2. A meeting in w/c the audience is incited to the commission of the crimes of treason,
     rebellion or insurrection, sedition or assault upon a person in authority or his
     agent.
       REQUISITES:
         1. There’s a meeting – gather or group of persons whether fixed 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.

WHEN A PERSON CARRIES UNLICENSED FIREARM IN THE 1st ASSEMBLY:
1. Presumed that the purpose of meeting is to commit any crime under RPC
2. Presumed that the one in possession of unlicensed firearm is the leader or organizer
   of the meeting

NOTES:

Not all the persons present at the meeting of the first form of illegal assembly need
to be armed.

Persons liable for illegal assembly:
   - the organizers or leaders of the meeting
   - persons merely present at the meeting (except when presence is out of curiosity –
     not liable)

Presumptions if a person carried an unlicensed firearm:
   1. The purpose of the meeting insofar as he is concerned is to commit acts
      punishable under the RPC
   2. He is considered a leader or organizer of the meeting. (Note: Not all persons
      present at the meeting of the first form of illegal assembly must be armed.)

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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