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SECTION FOUR: CRIMES AGAINST

RELIGIOUS WORSHIP
ARTICLE 132
INTERRUPTION OF RELIGIOUS WORSHIP
Penalty: Prision correccional minimum period
Prision correccional medium and
maximum periods (Qualified)
Elements:
1. That the offender is a public officer or
employee.
2. That
religious
ceremonies
or
manifestations of any religion are about
to take place or are going on.
3. That the offender prevents or disturbs
the same.
Note: Crime is qualified by violence or threats.
The barrio lieutenant was guilty of a violation of
Article 132 when he made an actual threat on
the life of the priest should the latter persist in
his intention to say the mass. As a result, the
mass was not celebrated. (People vs. Mejica,
CA-G.R. No. 12980-R, December 29, 1955)
Reading of the Bible then attacking cerrtain
churches in a public plaza is not a ceremony or
manifestation of religion, but only a meeting of
a religious sect. ( People v. Reyes, et. al., CAG.R. No. 13633-R, supra.) If the prohibition or
disturbance is committed only in a meeting or
rally of a sect, it would be punishable under Art.
131 and not Art. 132.
ARTICLE 133
OFFENDING THE RELIGIOUS FEELINGS
Penalty: Prision correccional maximum period
to prision correccional minimum period
Elements:
1. That the acts complained of were
performed:
a. In a place devoted to religious worship; or
b. During the celebration of any religious
ceremony;
2. That the acts must be notoriously
offensive to the feelings of the faithful.
In a place devoted to religious worship
It is not necessary that there is a religious

ceremony going on when the offender performs


acts notoriously offensive to the feelings of the
faithful. Religious ceremony need not be
celebrated in a place of worship.
Religious ceremonies
Religious acts performed outside of a church,
such as possessions and special prayers for
burying dead persons.
Acts notoriously offensive to the feelings
of the faithful
The acts must be directed against religious
practice or dogma or ritual for the purpose of
ridicule, as mocking or scoffing at or attempting
to damage an object of religious veneration.
(Viada; People v. Baes, 68 Phil. 203)
Throwing stone at the minister of the Iglesia ni
Cristo who was preaching or spreading his
beliefs before a crowd notoriously offended the
religious feelings of the minister and of the
members of the Iglesia ni Cristo who witnessed
the incident. (People v. Migallos, CA-G.R.
No.13619-R, August 5, 1955)
Remarks that those who believed that Christ is
God are anti-Christ, that all members of the
Roman Catholic Church are marked by the
demon, and that the Pope is the Commander
of Satan are notoriously offensive to the
feelings of the faithful. (People v. Mandorio,
supra.)
Note: There must be deliberate intent to
hurt the feelings of the faithful.
Offense to feelings is judged
from complainant's point of view.
People v. Gesulga
C.A., 57 O.G. 8494-8496
A Catholic procession had to pass along the
road in the middle of which a Protestant
meeting was being held. While the procession
was passing near the meeting place, the
defendant-appellant placed a picture of the
Pope on the wall of the house of one Vivencia
Balaquit and shouted, This criminal and
devouring beast; these parents are fools for
having taught their children the sign of the
cross for that is the the big devil himself,
troublesome; here again are the fools of the
devouring beast, the Pope, or words of similar
import.

The defendant-appellant was not in a place


where the religious ceremony was being
celebrated but in another place. It was the
religious procession that approached the place
where he was preaching or delivering a sermon
on matters offensive to the feelings of the
faithful Catholics. He is acquitted absent any
showing of intent to deliberately hurt the
feelings of those in the procession.
If the act is not notoriously offensive to the
feelings of the faithful, the crime is only unjust
vexation. (People v. Reyes, 60 Phil. 369)
TITLE THREE: CRIMES AGAINST PUBLIC
ORDER
ARTICLE 134
REBELLION/ INSURRECTION
Elements:
1. That there be:
a. Public uprising; and
b. Taking arms against the Government.
2. That the purpose of the uprising or
movement is eithera. To remove from the allegiance to said
Government or its laws;
i. The territory of the
Philippines or any part
thereof; or
ii. Any body of land, naval
or other armed forces; or
b. To deprive the Chief Executive or
Congress, wholly or partially, of any of their
powers or
prerogatives.
Rebellion
More frequently used where the object of the
movement is completely to overthrow and
supersede the existing government. It is a
crime of masses, of a multitude. It is not merely
a challenge to the constituted authorities, but
also civil war on a bigger or lesser scale.
Insurrection
More commonly employed in reference which
seeks merely to effect some change of minor
importance, or to prevent the exercise of
governmental authority with respect to
particular matters or subjects.

Note: Actual clash of arms with the forces of


the Government, not necessary to convict the
accused who is in conspiracy with others
actually taking arms against the Government.

Rebellion

Treason
Purpose

1. To remove from the


allegiance to said
Gov't or the laws the
territory of the Phils.
Or any body of land,
naval or other armed
forces.

Violation by a subject
of his allegiance to his
sovereign or to the
supreme authority of
the State.

2. To deprive the Chief


Executive or Congress
of any of their powers.
Manner of Commission
1. Public uprising; and 1. By levying war
2. By taking arms against the Gov't.;
against the Gov't.
2. By adhering to the
enemies of the Phils.,
giving them aid or
comfort
Time of Commission
May be committed Committed during time
both during times of of war
peace and war.
Proof needed for
conviction
Proved by showing the
purpose
of
the
uprising; there must
be
proof
beyond
reasonable doubt.

1. Testimony of 2
witnesses, at least to
the same over act; or
2.
Confession
of
accused in open court.

Note: Giving aid and comfort is not criminal in


rebellion.
Rebellion cannot be complexed with, but
absorbs other crimes committed in furtherance
of rebellious movement. There is no complex
crime of rebellion with murder and other
common crimes, whether such crimes are
punishable under a special law or general law
(RPC) provided that such crimes are
committed in furtherance or in pursuance of the

movement to overthrow the government.


(Ponce Enrile v. Amin, G.R. No. 93335,
September 13, 1990)
Human Security Act of 2007, Section 3
A person who commits an act
punishable as rebellion or insurrection, thereby
sowing and creating a condition of widespread
and extraordinary fear and panic among the
populace, in order to coerce the government to
give in to an unlawful demand shall be guilty of
Terrorism.
ARTICLE 134-A
COUP D'ETAT
Elements:
1. That the offender is a person or
persons belonging to the military or
police or holding any public office or
employment;
2. That it is committed by means of a swift
attack, accompanied by violence,
intimidation, threat, strategy, or stealth;
3. That the attack is directed against duly
constituted authorities of the Republic
of the Philippines, or any military camp
or installation, or communication
networks, public utilities or other
facilities needed for the exercise and
continued possession of power; and
4. That the purpose of the attack is to
seize or diminish state power.
Human Security Act of 2007, Section 3
A person who commits an act
punishable as coup d'etat including acts
committed by private persons, thereby sowing
and creating a condition of widespread and
extraordinary fear and panic among the
populace, in order to coerce the government to
give in to an unlawful demand, shall be guilty of
Terrorism.
Note: The crime of coup d'etat may be
committed with or without civilian participation.
ARTICLE 135
PENALTY FOR REBELLION OR
INSURRECTION OR COUP D'ETAT
Penalty: Rebellion/Insurrection:
Reclusion perpetua (Leaders)
Reclusion temporal (Participants)

Coup d'etat:
Prision mayor maximum period
(Leaders)
Reclusion temporal maximum period
(Participants)
Persons liable for rebellion, insurrection
and/or coup d'etat:
A. The leaders I. Any person who (a) promotes,
(b) maintains, or (c) heads of a
rebellion or insurrection; or
II. Any person who (a) leads, (b)
directs, or (c) commands others
to undertake a coup d'etat.
B. The participants I. Any person who (a) participates,
or (b) executes the commands of
others in rebellion, or insurrection;
II. Any person in the government
service who (a) participates, or (b)
executes directions or commands of
others in undertaking a coup d'etat;
III. Any person not in the
government service who (a)
participates, (b) supports, (c)
finances, (d) abets, or (e) aids in
undertaking a coup d'etat.
Note: When the rebellion, insurrection or coup
d'etat shall be under the command of unknown
leaders, any person who in fact directed the
others, spoke for them, signed receipts and
other documents issued in their name, or
performed similar acts, on behalf of the rebels,
shall be deemed a leader of such rebellion,
insurrection or coup d'etat.
There is no complex crime of rebellion with
murder and other common crimes.
Membership in a rebel organization does not
automatically qualify criminal acts as absorbed
in rebellion. (People v. Lovedioro, 250 SCRA
389, 395 [1995]; People v. Continente, et. al.,
G.R. Nos. 100801-02, August 29, 2001)
Killing, robbing, etc. , for private purposes or
profit, without any political motivation, would be
separately punished and would not be
absorbed in the rebellion. (People vs.
Geronimo, et. al., 100 Phil 90 [1956])

ARTICLE 136
CONSPIRACY AND PROPOSAL TO COMMIT
COUP D'ETAT, REBELLION OR
INSURRECTION
Penalty: Coup d'etat:
Prision mayor minimum period
and a fine not to exceed P8,000.00
Rebellion:
Prision correccional maximum
period and a fine not to exceed P5,000.00
Insurrection:
Prision correccional medium
period and a dine not to exceed P2,000.00
Two Crimes penalized under this article:
1. Conspiracy to commit rebellion; and
2. Proposal to commit rebellion/
Conspiracy to commit rebellion
When two 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.
Proposal to commit rebellion
When 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.
ARTICLE 137
DISLOYALTY OF PUBLIC
OFFICERS/EMPLOYEES
Penalty: Prision correccional minimum period
Acts Punished:
1. Failing to resist a rebellion by all means
in their power;
2. Continuing to discharge the duties of
their office under the control of the
rebels;
3. Accepting appointment to office under
the rebels.
The offender must be a public officer or
employee. The crime presupposes the
existence of rebellion by other persons; the
offender must not be in conspiracy with the
rebels; otherwise, he himself will also be guilty
of rebellion.
ARTICLE 138
INCITING TO REBELLION/INSURRECTION

Penalty: Prision mayor minimum period


Elements:
1. That the offender does not take up
arms or is not in open hostility against
the Government.
2. That he incites others to the execution
of any of the acts of rebellion; and
3. That the inciting is done by means of
speeches, proclamations, writings,
emblems, banners or other
representations tending to the same
end.
ARTICLE 139
SEDITION
Elements:
1. That the offenders rise:
a. Publicly; and
b. Tumultously;
2. That they employ force, intimidation, or other
means outside of legal methods;
3. That the offenders employ any of those
means to attain any of the following objects:
a. To prevent the promulgation or
execution of any law or the holding of
any popular election;
b. To prevent the government or any
public officer from freely exercising its or
his functions, or prevent the execution
of any Administrative Order;
c. To inflict any act of hate or revenge
upon the person or property of any
public officer or employee;
d. To commit, for any political or social
end, any act of hate or revenge against
private persons or any social class;
e. To despoil, for any political or social
end, any person or the government of
all its property or any part thereof.
Note: Sedition cannot be committed by one
person.
Public uprising and an object must concur.
In sedition, it is immaterial if the objective be
completely attained.
Mere public uprising for any of the objectives
mentioned in Art. 139 is punishable.
General Rule: Common Crimes are not
absorbed in sedition.

Exception: Sedition absorbs the use of


unlicensed firearms as an element thereof,
pursuant to RA 8294.
ARTICLE 140
PENALTY FOR SEDITION
Penalty: Prision mayor minimum period and a
fine not exceeding P10,000.00 (Leader)
Prision correccional maximum period
and a fine not exceeding P5,000.00
(Participants)
Persons liable:
1.
The leader of the sedition; and
2.
Other persons participating in the
sedition.