Title Three
Title Three
Title Three
Article 134
REBELLION OR INSURRECTION
ELEMENTS:
That there be –
public uprising and
taking arms against the government (force/violence)
That the purpose of the uprising or movement is either
to remove from the allegiance to said government or its laws –
the territory of the Philippines or any part thereof, or
any body of land, naval or other armed forces, or
2 To deprive the chief executive or congress, wholly or partially, of any of their powers or
prerogatives
Any person who, while holding any public office or employment, takes part therein by:
engaging in war against the forces of the government
destroying property or committing serious violence
exacting contributions or diverting public funds from the lawful purpose for which they have
been appropriated (Note: “diverting public funds” is malversation absorbed in rebellion);
Any person merely participating or executing the command of others in rebellion
Rebellion used where the object of the movement is completely to overthrow and supersede the
existing government
Insurrection refers to a movement which seeks merely to effect some change of minor importance to
prevent the exercise of gov’t authority w/ respect to particular matters or subjects
Actual clash of arms w/ the forces of the gov’t, not necessary to convict the accused who is in conspiracy
w/ others actually taking arms against the gov’t
Purpose of the uprising must be shown but it is not necessary that it be accomplished
RISING PUBLICLY and TAKING ARMS AGAINST GOVERNMENT – actual participation. If there is no public
uprising, the crime is of direct assault.
Mere giving of aid or comfort is not criminal in the case of rebellion. Merely sympathizing is not
participation, there must be ACTUAL participation
Not necessary that there is killing, mere threat of removing Phil is sufficient
Rebellion cannot be complexed with any other crime. However, illegal possession of firearms in
furtherance of rebellion is distinct from the crime of rebellion. Furthermore, it is a continuing crime such
along with the crime of conspiracy or proposal to commit such
A private crime may be committed during rebellion. Examples: killing, possessions of firearms, illegal
association are absorbed. Rape, even if not in furtherance of rebellion cannot be complexed
If killing, robbing were done for private purposes or for profit, without any political motivation, the
crime would be separately be punished and would not be embraced by rebellion (People v. Fernando)
Article 134-A
COUP D E’TAT
ELEMENTS:
Swift attack
Accompanied by violence, intimidation, threat, strategy or stealth
Directed against:
duly constituted authorities
any military camp or installation
communication networks or public utilities
other facilities needed for the exercise and continued possession of power
Singly or simultaneously carried out anywhere in the Philippines
Committed by any person or persons belonging to the military or police or holding any public
office or employment; with or without civilian support or participation
With or without civilian support or participation
Purpose of seizing or diminishing state power
Crime may be committed by a single person, any government employee and even by civilian
Taking up of arms not even necessary, what is important is violence, threat, intimidation,
strategy or stealth
Article 135
Penalties
Serious violence is that inflicted upon civilians, which may result in homicide. It is not limited to
hostilities against the armed force.
Public officer must take active part because mere silence or omission not punishable in rebellion
It is not a defense in rebellion that the accused never took the oath of allegiance to, or that they never
recognized the government.
Rebellion cannot be complexed with murder and other common crimes committed in pursuance of the
movement to overthrow the government.
Killing, robbing etc for private persons or for profit, without any political motivation, would be
separately punished and would not be absorbed in the rebellion.
Article 136
CONSPIRACY TO COMMIT REBELLION OR INSURRECTION
ELEMENTS:
2 more persons come to an agreement to rise publicly and take arms against the government
For any of the purposes of rebellion
They decide to commit it
Article 137
DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES
ELEMENTS:
Presupposes existence of rebellion
Must not be in conspiracy with rebels or coup plotters
If there are means to prevent the rebellion but did not resist it, then there’s disloyalty. If there
are no means, no fault
If position is accepted in order to protect the people, not covered by this
The collaborator must not have tried to impose the wishes of the rebels of the people.
Failing to resist rebellion by all the means in their power
Continuing to discharge the duties of their offices under the control of rebels
Accepting appointment to office under rebels
Article 138
INCITING TO REBELLION OR INSURRECTION
ELEMENTS:
That the offender does not take arms or is not in open hostility against the government
That he incites others to the execution of any of the acts of rebellion
That the inciting is done by means of speeches, proclamations, writings, emblems, banners or
other representations tending to the same end
Intentionally calculated to seduce others to rebellion
There must be uprising to take up arms and rise publicly for the purposes indicated in Art 134
Proposal to Commit Rebellion (136) Inciting to Rebellion (138)
The person who proposes has decided to commit Not required that the offender has decided to
rebellion. commit rebellion.
The person who proposes the execution of the crime The inciting is done publicly.
uses secret means.
Article 139
SEDITION
ELEMENTS:
That the offenders rise –
Publicly (if no public uprising = tumult and other disturbance of public order)
Tumultuously (vis-à-vis rebellion where there must be a taking of arms)
to prevent the promulgation or execution of any law or the holding of any popular election
to prevent the national government, or any provincial or municipal government, or any public
thereof from freely exercising its or his functions, or prevent the execution of any administrative
order
to inflict any act or hate or revenge upon the person or property of any public officer or
employee
to commit for any political or social end, any act of hate or revenge against private persons or
any social class (hence, even private persons may be offended parties)
to despoil, for any political or social end, any person, municipality or province, or the national
government of all its property or any part thereof
That they employ force, intimidation, or other means outside of legal methods
That the offenders employ any of those means to attain any of the following objects:
Sedition: raising of commotion or disturbances in the State. Its ultimate object is a violation of
the public peace or at least such measures that evidently engenders it.
Difference from rebellion – object or purpose of the surprising. For sedition – sufficient that
uprising is tumultuous. In rebellion – there must be taking up of arms against the government.
Sedition – purpose may be either political or social. In rebellion – always political
Tumultuous – caused by more than 3 persons who are armed or provided with means of
violence
Preventing public officers from freely exercising their functions
In sedition – offender may be a private or public person (Ex. Soldier)
Public uprising and the object of sedition must concur
Q: Are common crimes absorbed in sedition? In P v. Umali, SC held that NO. Crimes committed
in that case were independent of each other.
Preventing election through legal means – NOT sedition
But when sugar farmers demonstrated and destroyed the properties of sugar barons – sedition
Persons liable for sedition:
leader of the sedition, and
other persons participating in the sedition
Article 142
INCITING TO SEDITION
ELEMENTS:
That the offender does not take a direct part in the crime of sedition
That he incites others to the accomplishment of any of the acts which constitute sedition (134)
That the inciting is done by means of speeches, proclamations, writing, emblems, cartoons,
banners, or other representations tending to the same end (purpose: cause commotion not
exactly against the government; actual disturbance not necessary)
Different acts of inciting to sedition:
When punishable:
Inciting others to the accomplishment of any of the acts which constitute sedition by means of
speeches, proclamations, writings, emblems etc.
Uttering seditious words or speeches which tend to disturb the public peace or writing,
publishing, or circulating scurrilous [vulgar, mean, libelous] libels against the government or any
of the duly constituted authorities thereof, which tend to disturb the public peace
Knowingly concealing such evil practices
when they tend to disturb or obstruct any lawful officer in executing the functions of his office;
or
when they tend to instigate others to cabal and meet together for unlawful purposes
when they suggest or incite rebellious conspiracies or riots; or
when they lead or tend to stir up the people against the lawful authorities or to disturb the
peace of the community, the safety and order of the government
ELEMENTS:
That there be a projected or actual meeting of Congress or any of its committees or
subcommittees, constitutional commissions or committees or division thereof, or of any
provincial board or city or municipal council or board
That the offender who may be any persons prevents such meeting by force or fraud
Chief of Police and mayor who prevented the meeting of the municipal council are liable under
Art 143, when the defect of the meeting is not manifest and requires an investigation before its
existence can be determined.
Article 144
DISTURBANCE OF PROCEEDINGS
ELEMENTS:
That there be a meeting of Congress or any of its committees, constitutional commissions or
committees or divisions thereof, or of any provincial board or city or municipal council or board
That the offender does any of the following acts
he disturbs any of such meetings
he behaves while in the presence of any such bodies in such a manner as to interrupt its
proceedings or to impair the respect due it
Complaint must be filed by member of the Legislative body. Accused may also be punished for
contempt.
Article 145
VIOLATION OF PARLIAMENTARY IMMUNITY
Acts punishable:
By using force, intimidation, threats, or frauds to prevent any member of Congress from –
attending the meeting of the assembly or any of its committees, constitutional commissions or
committees or divisions thereof, or from
expressing his opinions or
casting his vote
By arresting or searching any member thereof while Congress is in a regular or special session,
except in case such member has committed a crime punishable under the code by a penalty
higher than prision mayor
Elements:
That the offender is a public officer or employee
That he arrests or searches any member of Congress
That Congress, at the time of arrest or search, is in a regular or special session
That the member searched has not committed a crime punishable under the code by a penalty
higher than prision mayor (1987 constitution: privilege from arrest while congress in session in
all offenses punishable by not more than 6 years imprisonment).
Article partly inoperative because of the 1987 Constitution
Article 146
ILLEGAL ASSEMBLIES
Article 147
ILLEGAL ASSOCIATIONS
ELEMENTS:
Persons liable:
Organized totally or partially for the purpose of committing any of the crimes in RPC
Or for some purpose contrary to public morals
founders, directors and president of the association
mere members of the association
Person in authority: any person directly vested with jurisdiction (power or authority to govern and
execute the laws) whether as an individual or as a member of some court or governmental corporation,
board or commission
Agent: is one who, by direct provision of law or by election or by appointment by competent authority,
is charged with the maintenance of public order and the protection and security of life and property.
(Example. Barrio councilman and any person who comes to the aid of the person in authority,
policeman, municipal treasurer, postmaster, sheriff, agents of the BIR, Malacañang confidential agent)
Even when the person in authority or the agent agrees to fight, still direct assault.
When the person in authority or the agent provoked/attacked first, innocent party is entitled to defend
himself and cannot be held liable for assault or resistance nor for physical injuries, because he acts in
legitimate self-defense
There can be no assault upon or disobedience to one authority by another when they both contend that
they were in the exercise of their respective duties.
When assault is made by reason of the performance of his duty there is no need for actual performance
of his official duty when attacked
Article 149
INDIRECT ASSAULT
ELEMENTS:
That a person in authority or his agent is the victim of any of the forms of direct assault defined
in ART. 148.
That a person comes to the aid of such authority or his agent.
That the offender makes use of force or intimidation upon such person coming to the aid of the
authority or his agent.
Indirect assault can be committed only when a direct assault is also committed
To be indirect assault, the person who should be aided is the agent (not the person in authority
because it is already direct assault, the person coming to the aid of the person in authority being
considered as an agent and an attack on the latter is already direct assault). Example. Aiding a
policeman under attack.
Article 150
DISOBEDIENCE TO SUMMONS
Acts punishable:
refusing without legal excuse to obey summons
refusing to be sworn or placed under affirmation
refusing to answer any legal inquiry to produce books, records etc.
restraining another from attending as witness in such body
inducing disobedience to a summons or refusal to be sworn
Article 151
RESISTANCE DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENT OF SUCH PERSON (par. 1)
ELEMENTS:
That a person in authority or his agent is engaged in the performance of official duty or gives a
lawful order to the offender.
That the offender resists or seriously disobeys such person in authority or his agent.
That the act of the offender is not included in the provisions of arts. 148, 149 and 150.
ELEMENTS:
That an agent of a person in authority is engaged in the performance of official duty gives a
lawful order to the offender.
That the offender disobeys such agent of a person in authority.
That such disobedience is not of a serious nature.
Direct Assault (148) Resistant and Disobedience to a Person in Authority
or Agents of such Person (151)
PIA or his agent must be engaged in the PIA or his agent must be in the actual performance
performance of official duties or that he is of his duties.
assaulted
Direct assault is committed in 4 ways – by Committed by resisting or seriously disobeying a
attacking, employing force, and seriously PIA or his agent.
resisting a PIA or his agent.
Use of force against an agent of PIA must be Use of force against an agent of a PIA is not so
serious and deliberate. serious; no manifest intention to defy the law and
the officers enforcing it.
Article 152
PERSONS IN AUTHORITY/AGENTS OF PERSONS IN AUTHORITY:
Persons in Authority – any person directly vested with jurisdiction, whether as an individual or as a
member of some court or governmental corporation, board or commission.
Barangay captain
Barangay chairman
Teachers
Professors
Persons charged with the supervision of public or duly recognized private schools, colleges and
universities
Lawyers in the actual performance of their professional duties or on the occasion of such
performance
Agent of Person in Authority – any person who, by direct provision of law or by election or by
appointment by competent authority, is charged with the maintenance of public order and the
protection and security of life and property.
Barrio councilman
Barrio policeman
Barangay leader
Any person who comes to the aid of persons in authority
Section 388 of the Local Gov’t Code provides that “for purposes of the RPC, the punong
barangay, sangguniang barangay members and members of the lupong tagapamayapa in each
barangay shall be deemed as persons in authority in their jurisdictions, while other barangay
officials and members who may be designated by law or ordinance and charged with the
maintenance of public order, protection and the security of life, property, or the maintenance of
a desirable and balanced environment, and any barangay member who comes to the aid of
persons in authority shall be deemed AGENT of persons in authority.
Article 154
Article 155
Discharging any firearm, rocket, firecracker, or other explosive within any town or public place,
calculated to cause alarm or danger
Instigating or taking active part in any charivari or other disorderly meeting offensive to another
or prejudicial to public tranquility
Disturbing the public peace while wandering about at night or while engaged in any other
nocturnal amusement
Causing any disturbance or scandal in public places while intoxicated or otherwise, provided the
act is not covered by Art 153 (tumult).
Charivari – mock serenade or discordant noises made with kettles, tin horns etc, designed to
deride, insult or annoy
Firearm must not be pointed at a person, otherwise, it is illegal discharge
What governs is the result, not the intent
Article 156
Article 157
Article 158
Article 159
VIOLATION OF CONDITIONAL PARDON
ELEMENTS:
That the offender was a convict.
That he was granted a conditional pardon by the chief executive.
That he violated any of the conditions of such pardon.
Condition extends to special laws – violation of illegal voting
Offender must have been found guilty of the subsequent offense before he can be prosecuted
under this Article. But if under Revised Admin Code, no conviction necessary. President has
power to arrest, reincarnate offender without trial.
ELEMENTS
That the offender was already convicted by final judgement of one offense.
That he committed a new felony before beginning to serve such sentence or while serving the
same.
Quasi-recidivism : a person after having been convicted by final judgement shall commit a new
felony before beginning to serve such sentence, or while serving the same.
Second crimes must belong to the RPC, not special laws. First crime may be either from the RPC
or special laws
Reiteracion: offender shall have served out his sentence for the prior offense
A quasi-recidivist may be pardoned at age 70. Except: Unworthy or Habitual Delinquent
If new felony is evasion of sentence – offender is not a quasi-recidivist
Penalty: maximum period of the penalty for the new felony should be imposed (mitigating
circumstance can only be appreciated if the maximum is divisible)
Quasi-Recidivism may be offset by a special privileged mitigating circumstance (ex. Minority)