Out of their miserable feeling that they are starving while the wealthy people in Mayaman Hills subdivision are practically throwing away their food, riding in expensive cars, and living in extravagance, Primo, Victor, and Maximo marched to said subdivision and stoned the houses there as an act of hate against the rich. With what crime, if any, should the apprehending officers charge Primo, Victor, and Maximo? Explain.
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The apprehending officers should charge Primo, Victor, and Maximo with Direct Assault of the First Form. Under Article 148 of the Revised Penal Code, Direct Assault of the first form is committed by employing force without a public uprising to
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Quick check
What crime is committed when three persons stone houses out of hate against the wealthy without a public uprising?
Employing force without a public uprising to execute an act of hate against a social class constitutes direct assault of the first form.
How does direct assault of the first form differ from the crime of sedition under Article 139?
Direct assault of the first form requires attaining a seditious object without a public uprising.
Why does the stoning of houses by Primo, Victor, and Maximo not constitute sedition?
Sedition requires rising publicly and tumultuously, which is absent when only three individuals act.
Under Article 327 of the Revised Penal Code, what is an essential element of malicious mischief?
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What is an object of sedition under Article 139 that applies to acts committed against a social class?
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1. Direct Assault
Under Article 148 of the Revised Penal Code, direct assault of the first form is committed by employing force or intimidation, without a public uprising, to attain any of the objects of sedition. These seditious objects include committing, out of hate or revenge, any act of hate or revenge against private persons or any social class. Stoning residential houses to express hatred against the wealthy class without a multitude constitutes direct assault of the first form.
2. Seditious Objects
Article 139 of the Revised Penal Code defines sedition as rising publicly and tumultuously to attain by force or intimidation social or political ends, such as inflicting acts of hate or revenge upon private individuals or a social class. When the same seditious purpose is executed without a public uprising or multitude, the crime is penalized as direct assault of the first form under Article 148.
3. Malicious Mischief
Under Article 327 of the Revised Penal Code, malicious mischief is committed by deliberately causing damage to another person's property out of hate, spite, or evil motive, where such act does not constitute arson or another grave crime. Throwing stones at private residences specifically to inflict property damage out of class hatred satisfies the elements of malicious mischief as an alternative charge.