4. People vs. Alipit, et al.44 Phil. 910

FACTS: The election of the municipal president was contested on the ground of minority. He yielded the chair to the vice-president. The meeting of the municipal council presided over by the vice-president was stopped by the chief of police and the municipal president by arresting the vice-president and threatening the councilors with arrest if they would continue holding the meeting.

The councilors then dispersed, leaving the premises.

ISSUE: Whether or not the chief of police and municipal president are liable under Article 143 for preventing the meeting of the municipal council.

HELD: Any stranger, even if he be the municipal president himself or the chief of the municipal police, must respect the meeting of the municipal council presided over by the vice-president and he has no right to dissolve it through violence under the pretext of lack of notice to some members of the council, which was not apparent, but required an investigation before it could be determined.

Article 143, RPC:

Acts tending to prevent the meeting of the Assembly and similar bodies. – The penalty of prision correccional or a fine ranging from 200 to 2,000 pesos, or both, shall be imposed upon any person who, by force or fraud, prevents the meeting of the National Assembly (Congress of the Philippines) or of any of its committees or sub-committees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board.