Article 76Act No. 3815, Sec./Art. 76

Legal period of duration of divisible penalties.-The legal period of duration of divisible penalties shall be considered as divided into three parts, forming three periods, the minimum, the medium, and the maximum in the manner shown in the following table:

TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME INCLUDED IN EACH OF THEIR PERIODS

Penalties

Time included in the penalty in its entirety

Time included in its minimum period

Time included in its medium period

Time included in its maximum period

Reclusion temporal

From 12 years and 1 day to 20 years.

From 12 years and 1 day to 14 years and 8 months.

From 14 years, 8 months and 1 day to 17 years and 4 months

From 17 years, 4 months and 1 day to 20 years.

Prision mayor, absolute disqualification and special temporary disqualification.

From 6 years and 1 From 6 years and day to 12 years.

From 6 years and 1 day to 8 years.

From 8 years and 1 day to 10 years.

From 10 years and 1 day to 12 years.

Prision correccional, suspension and destierro

From 6 months and 1 day to 6 years.

From 6 months and 1 day to 2 years and 4 months.

From 2 years, 4 months and 1 day to 4 years and 2 months.

From 4 years, 2 months and 1 day to 6 years.

Arresto mayor

From 1 month and 1 day to 6 months.

From 1 to 2 months.

From 2 months and 1 day to 4 months.

From 4 months and 1 day to 6 months.

Arresto menor

From 1 to 30 days.

From 1 to 10 days.

From 11 to 20 days.

From 21 to 30 days.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

Section 5. Application requirements - All applications for

a permit shall comply with the following guidelines:

(a) The applications shall be in writing and shall include

the names of the leaders or organizers; the purpose of

such

public

assembly;

the

date,

time and duration

thereof, and place or streets to be used for the intended

activity;

and

the

probable

number

of

persons

participating,

the

transport

and

the

public

address

systems to be used.

(b)

The

application

shall

incorporate

the

duty

and

responsibility of applicant under Section 8 hereof.

(c) The application shall be filed with the office of the

mayor of the city or municipality in whose jurisdiction the

intended activity is to be held, at least five (5) working

days before the scheduled public assembly.

(d) Upon receipt of the application, which must be duly

acknowledged

in

writing,

the

office

of

the

city

or

municipal mayor shall cause the same to immediately be

posted at a conspicuous place in the city or municipal

building.

Section 6. Action to be taken on the application -

(a) It shall be the duty of the mayor or any official acting

in his behalf to issue or grant a permit unless there is

clear and convincing evidence that the public assembly

will create a clear and present danger to public order,

public safety, public convenience, public morals or public

health.

(b) The mayor or any official acting in his behalf shall act

on the application within two (2) working days from the

date the application was filed, failing which, the permit

shall be deemed granted. Should for any reason the

mayor or any official acting in his behalf refuse to accept

the application for a permit, said application shall be

posted by the applicant on the premises of the office of

the mayor and shall be deemed to have been filed.

(c) If the mayor is of the view that there is imminent and

grave danger of a substantive evil warranting the denial

or modification of the permit, he shall immediately

inform the applicant who must be heard on the matter.

(d) The action on the permit shall be in writing and served

on the application within twenty-four hours.

(e) If the mayor or any official acting in his behalf denies

the application or modifies the terms thereof in his

permit, the applicant may contest the decision in an

appropriate court of law.

(f) In case suit is brought before the Metropolitan Trial

Court, the Municipal Trial Court, the Municipal Circuit Trial

Court,

the Regional Trial Court, or the Intermediate

Appellate Court, its decisions may be appealed to the

appropriate

court

within forty-eight (48) hours after

receipt of the same. No appeal bond and record on

appeal shall be required. A decision granting such permit

or modifying it in terms satisfactory to the applicant shall,

be immediately executory.

(g) All cases filed in court under this Section shall be

decided within twenty-four (24) hours from date of filing.

Cases filed hereunder shall be immediately endorsed to

the executive judge for disposition or, in his absence, to

the next in rank.

(h) In all cases, any decision may be appealed to the

Supreme Court.

(i) Telegraphic appeals to be followed by formal appeals

are hereby allowed.

Section 7. Use of public thoroughfare - Should the

proposed

public

assembly

involve

the

use,

for

an

appreciable

length

of

time,

of

any

public highway,

boulevard, avenue, road or street, the mayor or any official

acting

in

his

behalf

may,

to

prevent

grave

public

inconvenience,

designate the route thereof which is

convenient to the participants or reroute the vehicular

traffic to another direction so that there will be no serious

or undue interference with the free flow of commerce

and trade.

Section 8. Responsibility of applicant - It shall be the duty

and responsibility of the leaders and organizers of a

public assembly to take all reasonable measures and

steps to the end that the intended public assembly shall

be conducted peacefully in accordance with the terms of

the permit. These shall include but not be limited to the

following:

(a) To inform the participants of their responsibility under

the permit;

(b) To police the ranks of the demonstrators in order to

prevent non-demonstrators from disrupting the lawful

activities of the public assembly;

(c) To confer with local government officials concerned

and law enforcers to the end that the public assembly

may be held peacefully;

(d) To see to it that the public assembly undertaken shall

not go beyond the time stated in the permit; and

(e) To take positive steps that demonstrators do not

molest any person or do any act unduly interfering with

the rights of other persons not participating in the public

assembly.

Section

9.

Non-interference

by

law

enforcement

authorities

-

Law

enforcement

agencies

shall

not

interfere with the holding of a public assembly. However,

to adequately ensure public safety, a law enforcement

contingent under the command of a responsible police

officer may be detailed and stationed in a place at least

one hundred (100) meter away from the area of activity

ready to maintain peace and order at all times.

Section 10. Police assistance when requested - It shall be

imperative for law enforcement agencies, when their

assistance is requested by the leaders or organizers, to

perform

their

duties

always

mindful

that

their

responsibility

to

provide

proper

protection

to

those

exercising their right peaceably to assemble and the

freedom of expression is primordial. Towards this end, law

enforcement

agencies

shall

observe

the

following

guidelines:

(a) Members of the law enforcement contingent who deal

with the demonstrators shall be in complete uniform

with their nameplates and units to which they belong

displayed prominently on the front and dorsal parts of

their uniform and must observe the policy of "maximum

tolerance" as herein defined;

(b) The members of the law enforcement contingent shall

not carry any kind of firearms but may be equipped with

baton or riot sticks, shields, crash helmets with visor, gas

masks, boots or ankle high shoes with shin guards;

(c) Tear gas, smoke grenades, water cannons, or any

similar anti-riot device shall not be used unless the public

assembly is attended by actual violence or serious threats

of violence, or deliberate destruction of property.

Section 11. Dispersal of public assembly with permit - No

public

assembly

with

a

permit

shall

be

dispersed.

However, when an assembly becomes violent, the police

may disperse such public assembly as follows:

(a) At the first sign of impending violence, the ranking

officer of the law enforcement contingent shall call the

attention of the leaders of the public assembly and ask

the latter to prevent any possible disturbance;

(b) If actual violence starts to a point where rocks or other

harmful objects from the participants are thrown at the

police or at the non-participants, or at any property

causing damage to such property, the ranking officer of

the law enforcement contingent shall audibly warn the

participants that if the disturbance persists, the public

assembly will be dispersed;

(c) If the violence or disturbances prevailing as stated in

the preceding subparagraph should not stop or abate,

the ranking officer of the law enforcement contingent

shall audibly issue a warning to the participants of the

public assembly, and after allowing a reasonable period of

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