Reviewer in Criminal Law II

Title Three:
Crimes Against Public Order
CRIMES AGAINST PUBLIC ORDER (MEMORIZE)
[ACRONYM: DID VRIC EVACUATE D SIC RID CID? :-D]
1. Disloyalty of public officers or employees
2. Inciting to rebellion
3. Disturbance of proceedings of Congress or similar bodies.
4. Violation of conditional pardon
5. Rebellion or insurrection
6. Inciting to sedition
7. Coup detat
8. Evasion of service or sentence
9. Violation of parliamentary immunity
10. Acts tending to prevent the the meeting of Congress and similar bodies.
11. Conspiracy and proposal to commit coup detat, rebellion, or insurrection
12. Unlawful use of means of publication and unlawful utterances
13. Alarms and scandals
14. Tumults and other disturbances of public order
15. Evasion on occasion of disorders
16. Direct assaults
17. Sedition
18. Illegal assemblies
19. Conspiracy to commit sedition
20. Resistance and disobedience to a person in authority or the agents of such
person
21. Illegal associations
22. Disobedience to summons issued by Congress, its committees, etc., by the
constitutional
commissions, its committees, etc.
23. Commission of another crime during service of penalty imposed for another
previous offense
24. Indirect assaults
25. Delivering prisoners from jails
Art. 134 (MEMORIZE) Rebellion or insurrection - How committed - The crime
of rebellion or insurrection is committed by rising publicly and taking arms against
the Government for the purpose of removing from the allegiance to said Government
or its laws, the territory of the Republic of the Philippines or any part thereof, or any
body of land, naval, or other armed forces, or depriving the Chief Executive or the
Legislature, wholly or partially, of any of their powers or prerogatives.
REBELLION - an effort by many to change the government or leader of a country by
use of protest or violence
ELEMENTS OF REBELLION OR INSURRECTION:
1. There be a public uprising.
2. Taking arms against the Government.
3. Purpose of the uprising is 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.
4. The purpose of the uprising is to deprive the Chief Executive or Congress, wholly or

partially, of any of their powers or prerogatives.

NOTE: It is not necessary that the purpose of the rebellion is accomplished for as
long as both the normative and subjective elements are present, the crime of
rebellion is complete. Therefore, the very moment a group of rebels rise publicly and
take arms against the Government for the purpose of overthrowing the same by
force, the crime of rebellion is perfected. The first act, taking arms against the
Government, being the normative element, and the latter, for the purpose of
overthrowing the Government, being the subjective element.
NATURE OF REBELLION
1. It is a crime of the masses.
2. It is a challenge to the constituted authorities.
3. It evokes civil war on a bigger or lesser scale.
DIFFERENTIATING REBELLION FROM:
A. INSURRECTION
The difference between rebellion and insurrection lies in the object of the movement.
In rebellion the object of the movement is to overthrow and supersede the existing
government. In insurrection the object of the movement is to effect some minor
change specifically by preventing the exercise of governmental authority to particular
matters or subjects.
B. TREASON
The difference between rebellion and treason lies in the manner in which it is
committed and in the time when it is committed. Rebellion is committed by taking
arms against the Government in a time of peace. Treason, on the other hand, is
committed by giving aid to the enemy or adhering to the enemy in a time of war.
C. SUBVERSION
The difference between rebellion and subversion lies in the manner it is accomplished
as well as its categorical nature. Rebellion is armed resistance to an established
government or ruler and is a crime against public order. Subversion, on the other
hand, is organized incitement of civil disorder against authority or the state through
speech or writing, and is a crime against national security.
Art. 134-A (MEMORIZE) Coup detat - How committed - The crime of coup
detat is a swift attack, accompanied by violence, intimidation, threat, strategy or
stealth, directed against duly constituted authorities of the Republic of the
Philippines, or any military camp or installation, communications networks, public
utilities or other facilities needed for the exercise and continued possession of power,
singly or simultaneously carried out anywhere in the Philippines 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, for the purpose of
seizing or diminishing state power.
ELEMENTS OF COUP DETAT
1. Offender belongs to the military or police or holds any public office or employment.
2. Committed through a swift attack accompanied by violence, intimidation, threat,
strategy or stealth.
3. Attack is directed against:
-duly constituted authorities of the RP
-any military camp or installation
-communications networks
-public utilities or other facilities needed for the exercise and continued
possession of power
4. Purpose is to seize or diminish state power.

Art. 135 Penalty for rebellion, insurrection, or coup detat

1. Reclusion perpetua - to be imposed upon persons who are guilty of promoting,
maintaining or heading
a rebellion or insurrection
- to be imposed upon persons who lead or direct in any manner
others to
undertake a coup detat
2. Reclusion temporal - to be imposed upon persons who participate or execute the
commands of others
in a rebellion or insurrection
- to be imposed upon any person in the government service who
participates or
executes commands of others in undertaking a
coup detat (in maximum period)
3. Prision mayor (maximum period) - imposed upon persons not in the government
service who
participate, support, finances, abets, or aids in
undertaking a coup detat in any manner
A LEADER IN A REBELLION, INSURRECTION OR COUP DETAT, IS ONE WHO:
(Art. 135)
1. Directed the others.
2. Spoke for them.
3. Signed receipts and other documents issued in their name.
4. Performed similar acts on behalf of rebels.
Note: This provision of Art. 135 is applicable when the leader of such rebellion,
insurrection, or coup detat is unknown.
Note: Acts committed such as resort to arms, requisition of property and services,
collection of taxes and contributions, restraint of liberty, damage to property,
physical injuries, and loss of life, when committed in furtherance of rebellion are
absorbed in rebellion. BUT mere membership in a rebel organization does not
automatically qualify these criminal acts as absorbed in rebellion because it has to be
proven that such criminal acts are in furtherance of rebellion, otherwise each crime
will be punished accordingly. Rebellion after all carries a lighter penalty under the
law.
Note: There is no complex crime of rebellion with murder when killing is committed
as a means to further rebellion-politically motivated. Murder becomes absorbed in
rebellion and cannot be regarded or penalized as distinct crimes in themselves.
However, if the killing is not politically motivated and is for private purposes the
crime of murder would be separately punished from rebellion as is the case of People
v Geronimo, et al.
DIFFERENCE BETWEEN POLITICAL CRIME AND COMMON CRIME
The difference lies in the intent or motive. In political crimes the overt act aims to
prejudice the interests of the state, its government or the political system. In
common crimes, on the other hand, which are malum in se, are not necessarily aimed
to prejudice the interest of the government.
Art. 136 Conspiracy and proposal to commit coup detat, rebellion or
insurrection
-provides for the penalty of conspiracy and proposal to commit coup detat and
defines the two crimes of conspiracy to commit rebellion and proposal to commit

rebellion as well as its penalties.

1. Conspiracy and proposal to commit coup detat
Penalty: Prision Mayor (Minimum period) & a fine not exceeding P8,000.00
2. Conspiracy to commit rebellion - 2 or more persons come to an agreement to rise
publicly and take
arms against the Government for any of the purposes of
rebellion and decide to commit it.
Penalty: Prision Correccional (Maximum period) & a fine not exceeding
P5,000.00
3. Proposal to commit rebellion - the person who has decided to rise publicly and
take arms against the
Government for any of the purposes of rebellion
proposes its execution to some other person or
persons.
Penalty: Prision Correccional (Medium period) & a fine not exceeding
P2,000.00
Note: Art. 136 asserts that the mere act of agreeing and deciding to rise publicly
and to take arms against the Government for the purpose of rebellion or merely
proposing the commission of said acts is already subject to punishment even with the
absence of the performance of these overt acts. Art. 136 echoes the provision of Art
134, and punishes those who are guilty of conspiracy and proposal to commit
rebellion, since the very existence of the Government is at stake.
Art. 137 Disloyalty of public officers or employees
-imposes a penalty of prision correccional minimum upon public officers or employees
who:
1. Fail to resist a rebellion by all means within their power.
2. Discharge the duties of their offices under the control of the rebels.
3. Accept appointment to an office under the rebels.
Note: Art. 137 punishes only public officer or employees. Hence, if a private
individual accepts an appointment to office under the rebels, he is not liable under
this particular article.
Note: In Art. 137 the public officer or employee who commits acts of disloyalty
should not be in conspiracy with the rebels; or else he will be guilty of rebellion and
not disloyalty, since in conspiracy the act of one is the act of all.
Art. 138 Inciting to rebellion or insurrection
-imposes a penalty of prision mayor minimum upon any person who incites others to
execute any of the acts specified in Art. 134 of the RPC without taking arms or being
in open hostility against the Government, by:
1. Means of speeches
2. Proclamations
3. Writings
4. Emblems
5. Banners or other representations tending to the same end.
ELEMENTS OF INCITING TO REBELLION OR INSURRECTION
1. Offender does not take arms and not in open hostility with the Government.
2. He incites others to execute the acts of rebellion specified in Art. 134.
3. Inciting is done through speeches, proclamations, writings, emblems, banners or
other representations tending to the same act.
DIFFERENTIATING INCITING TO REBELLION FROM PROPOSAL TO COMMIT
REBELLION
INCITING TO REBELLION
PROPOSAL TO COMMIT REBELLION

The offender, in both crimes, induces another to commit rebellion.

Person who proposes to incite rebellion is Person who proposes to commit rebellion
not required to decide to commit it.
has decided to commit it.
The act of inciting to rebellion is done Person who proposes to execute the
publicly.
crime uses secret methods.
Note: The nature of both crimes is that the persons inciting to commit rebellion or
proposing to commit rebellion do not actually do the act themselves, but merely
propose it to others. If the inciting and proposal to commit rebellion are performed,
those who incited or proposed it become principals by inducement in the crime of
rebellion. Provided that the requisites of Art. 17 (2) are present.

Art. 139 (MEMORIZE) Sedition - How committed - The crime of sedition is

committed by persons who rise publicly and tumultuously in order to attain by fore,
intimidation, or by other means outside of legal methods, any of the following
objects:
1. To prevent the promulgation or execution of any law or the holding of any popular
election;
2. To prevent the National Government, or any provincial or municipal government, or
any public officer thereof from freely exercising its or his functions, or prevent the
execution of any administrative order;
3. To inflict any act of hate or revenge upon the person or property of any public
officer or employee;
4. To commit, for any political or social end, any act of hate or revenge against
private persons or any social class;
5. To despoil, for any political or social end, any person, municipality or province, or
the National Government (or the Government of the United States) of all its property
or any part thereof.
ELEMENTS OF SEDITION
1. The offenders rise publicly and tumultuously.
2. They employ force, intimidation, or other means outside of legal methods.
3. In order to attain the following objectives:
-prevent the promulgation or execution of any law or the holding of any popular
election
-prevent the national, provincial, municipal government, or any public officer
from freely exercising
their functions as well as the execution of any administrative
order.
-inflict any act of hate or revenge upon the person/property of any public officer
or employee
-commit for any political or social end any act of hate against private persons or
any social class
-despoil for any political or social end any person, municipality, province, or
national government of all its property or any part thereof
SEDITION - refers to the raising of commotions or disturbances in the state
- OBJECT: a violation of the public peace
- is organized incitement of civil disorder against authority or the state
through speech or
writing, and is a crime against national security
- common crimes are not absorbed in sedition

AN ACT IS TUMULTUOUS IF:

1. It is caused by more than 3 persons.
2. They are armed or provided with means of violence.
Art. 140 Penalty for sedition
-imposes the following penalties on the following persons:
1. Leader - prision mayor minimum and a fine not exceeding P10, 000.00
2. Other participants - prision correccional maximum and a fine not to exceed
P5,000.00
Art. 141 Conspiracy to commit sedition
-imposes a penalty of prision correccional medium upon persons who conspire to
commit sedition and a fine not exceeding P2,000.00
Note: In conspiracy to commit sedition, the important element is the agreement and
the decision to attain an object of sedition, for without the agreement to rise publicly
and tumultuously is not conspiring to commit sedition.

Art. 142 Inciting to Sedition

-imposes the sanction prision correccional maximum and a fine not exceeding
P2,000.00 upon:
A. any person who incites others to accomplish any of the acts constituting sedition,
which are:
1. Speeches
2. Proclamations
3. Writings
4. Emblems
5. Cartoons
6. Banners
7. Representations tending to the same end
B. Any person who utters seditious words or speeches, write, publish, or circulate
scurrilous libels against the Government of both the US and the Phils. or any of the
duly constituted authorities thereof, which tend to:
1. Disturb or obstruct any lawful officer in executing the functions of his office
2. Instigate others to cabal and meet togeher for unlawful purposes
3. Incite rebellious conspiracies or riots
4. Lead or tend to stir up the people against the lawful authorities
5. Disturb the peace of the community, the safety and order of the Government
6. Knowingly conceal such evil practices.