ATTY MELENCIO S.

FAUSTINO
Review Notes for Criminology, RPC Book 2

Title Three
CRIMES AGAINST PUBLIC ORDER

Chapter One
REBELLION, SEDITION AND DISLOYALTY

Art. 134. 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 Philippine Islands or any part
thereof, of any body of land, naval or other armed forces, depriving the Chief Executive or the
Legislature, wholly or partially, of any of their powers or prerogatives.

ELEMENTS

1) There be (a) public uprising, and (b) taking arms against the Government
2) The purpose of the uprising or movement is either –
a) To remove from allegiance to said Government or its laws:
1) The territory of the Philippines or any part thereof; or
2) Any body of land, naval or other armed forces
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

INSURRECTION – more commonly employed in reference to a movement 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.

NATURE OF THE CRIME OF REBELLION

- Is a crime of masses, of a multitude. It is a vast movement of men and a complex net of intrigues
and plots.
- Rebellion evokes, not merely a challenge to the constituted authorities, but also civil war on a
bigger or lesser scale.
- There must be a public uprising and the taking up of arms (expressed)

Although the law provides that rebellion is committed by rising publicly and taking arms against the
Government, an actual clash of arms with the forces of the Government is not necessary to convict the
accused who is in conspiracy with others actually taking arms against the Government.

Those merely acting as couriers or spies for the rebels are also guilty of rebellion.

The purpose of the uprising must be shown with evidence to indicate the motive or purpose of the
accused.

It is not necessary that the purpose of the rebellion be accomplished. The crime of rebellion is complete
the very moment a group of rebels rise publicly and take arms against the Government, for the purpose
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Review Notes for Criminology, RPC Book 2

of overthrowing the same by force. It is not necessary, to consummate rebellion, that the rebels succeed
in overthrowing the Government.

Rising publicly and taking arms against the Government is the normative element of the offense, while
the intent or purpose to overthrow the Government is the subjective element.

REBELLION VS. TREASON

TREASON – levying of war against the Government when performed to aid the enemy. It would also
constitute an adherence to the enemy, giving him aid and comfort.
REBELLION – the levying of war against the Government during peace time for any of the purposes
mentioned in Article 134.

Giving aid and comfort is not criminal in rebellion.

SUBVERSION VS REBELLION

SUBVERSION – is a crime against national security. Rebellion is a crime against public order.

REBELLION OR INSURRECTION AS TERRORISM

RA No. 9372 (Human Security Act of 2007) – 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 the crime of terrorism.

- Punishable by Indeterminate Sentence Law (40 years imprisonment without the benefit of
parole)
- Terrorism is now the most severely punished crime

CONSPIRACY TO COMMIT TERRORISM

- When two or more persons come to an agreement concerning the commission of the crime of
terrorism
- PENALTY: 40 years imprisonment
- Conspirators should not actually commit terrorism. It is sufficient that they agree and decide to
commit the crime of terrorism. If they actually commit the crime, they will be held liable for
terrorism and conspiracy, although it is not a separate offense.

ACCOMPLICE IN TERRORISM

- PENALTY: 17 years, 4 months, 1 day to 20 years imprisonment

ACCESSORY IN TERRORISM
- PENALTY: 10 years and 1 day to 12 years imprisonment

Article 134-A. Coup d'etat; How committed. — The crime of coup d'etat is a swift attack accompanied
by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of
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Review Notes for Criminology, RPC Book 2

the Republic of the Philippines, or any military camp or installation, communications network, 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 of employment with or without civilian support or
participation for the purpose of seizing or diminishing state power.

ELEMENTS

1) The offender is a person or persons belonging to the military or police or holding any public
office of employment
2) It is committed by means of a swift attack accompanied by violence, intimidation, threat,
strategy or stealth
3) The attack is directed against duly constituted authorities of the Republic of the Philippines, or
any military camp or installation, communication networks, public utilities or other facilities
needed for the exercise and continued possession of power
4) The purpose of the attack is to seize or diminish state power

The crime of coup d’etat may be committed with or without civilian participation.

COUP D’ETAT AS TERRORISM

RA No. 9372 (Human Security Act of 2007) – a person who commits an act punishable as coup d’etat
under Article 134-A of the RPC, 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 the crime of terrorism.

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Art. 135. Penalty for rebellion, insurrection or coup d'etat. — Any person who promotes, maintains, or
heads rebellion or insurrection shall suffer the penalty of reclusion perpetua.

Any person merely participating or executing the commands of others in a rebellion shall suffer the
penalty of reclusion temporal.

Any person who leads or in any manner directs or commands others to undertake a coup d'etat shall
suffer the penalty of reclusion perpetua.

Any person in the government service who participates, or executes directions or commands of others
in undertaking a coup d'etat shall suffer the penalty of prision mayor in its maximum period.

Any person not in the government service who participates, or in any manner supports, finances,
abets or aids in undertaking a coup d'etat shall suffer the penalty of reclusion temporal in its
maximum period.
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, as performed similar acts, on behalf of the rebels shall be deemed a leader of such a
rebellion, insurrection, or coup d'etat.
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Review Notes for Criminology, RPC Book 2

WHO ARE LIBALE FOR REBELLION, INSURRECTION AND/OR COUP D’ETAT?

1) The leaders –
a) Any person who (1) promotes, (2) maintains, or (3) heads a rebellion or insurrection
b) Any person who (1) leads, (2) directs, or (3) commands others to undertake a coup d’etat

2) The participants –
a) Any person who (1) participates or (2) executes the commands of others in a rebellion, or
insurrection
b) Any person in the government service who (1) participates, or (2) executes directions or
commands of others in undertaking a coup d'etat
c) Any person not in the government service who (1) participates, (2) supports, (3) finances, (4)
abets or (5) aids in undertaking a coup d'etat

A public officer must take active part to be liable. Mere silence or omission is 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. Such a defense would be nothing less than a negation of the right of the
Government to maintain its existence and authority against a certain class of the population.

Those who killed persons in pursuance of the movement to overthrow the government are liable for
rebellion only and not murder.

There is no complex crime of rebellion with murder and other common crimes. Acts committed in
furtherance of rebellion re absorbed in rebellion.

Membership of appellant in a rebel organization does not automatically qualify criminal acts as
absorbed in rebellion. It carries a lighter penalty under the law.

Where killings are politically motivated, it is rebellion, not murder.

Killing, robbing, etc. for private purposes or profit, without any political motivation, would be separately
punished and would not be absorbed in the rebellion.

Political crimes are those directly aimed against the political order, as well as such common crimes as
may be committed to achieve a political purpose.

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Art. 136. Conspiracy and proposal to commit coup d'etat, rebellion or insurrection. — The conspiracy
and proposal to commit coup d'etat shall be punished by prision mayor in minimum period and a fine
which shall not exceed eight thousand pesos (P8,000.00).

The conspiracy and proposal to commit rebellion or insurrection shall be punished respectively, by
prision correccional in its maximum period and a fine which shall not exceed five thousand pesos
(P5,000.00) and by prision correccional in its medium period and a fine not exceeding two thousand
pesos (P2,000.00).
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Review Notes for Criminology, RPC Book 2

CRIMES

1) Conspiracy to commit rebellion

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 n decide to commit
it

PROPOSAL TO COMMIT REBELLION – when the person who has decided to rise publicly and taker arms
against the Government for any of the purposes of rebellion proposes its execution to some other
person or persons

Merely agreeing and deciding to rise publicly and take arms against the Government for the purposes of
rebellion or merely proposing the commission of said acts is already subject to punishment.

There is no conspiracy when there is no agreement and no decision to commit rebellion.

Organizing a group of soldiers, soliciting membership in, and soliciting funds from the people for the
organization show conspiracy to overthrow the Government.

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Art. 137. Disloyalty of public officers or employees. — The penalty of prision correccional in its
minimum period shall be imposed upon public officers or employees who have failed to resist a
rebellion by all the means in their power, or shall continue to discharge the duties of their offices
under the control of the rebels or shall accept appointment to office under them.

The offender must be a public officer or employee. If a private individual accepts an appointment to
office under the rebels, he is not liable under this article.

ACTS OF DISLOYALTY

1. By failing to resist a rebellion by all the means in their power

2. By continuing to discharge the duties of their offices under the control of the rebels
3. By accepting appointment to office under them

The offender under Article 137 must not be in conspiracy with the rebels, otherwise, he will be guilty of
rebellion, not merely disloyalty.

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Art. 138. Inciting a rebellion or insurrection. — The penalty of prision mayor in its minimum period
shall be imposed upon any person who, without taking arms or being in open hostility against the
Government, shall incite others to the execution of any of the acts specified in article 134 of this Code,
by means of speeches, proclamations, writings, emblems, banners or other representations tending to
the same end.
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Review Notes for Criminology, RPC Book 2

ELEMENTS

1) The offender does not take arms or s not in open hostility against the Government
2) He incites others to the execution of any of the acts of rebellion’
3) The inciting is done by means of speeches, proclamations, writings, emblems, banners or other
representations tending to the same end

The offender shall incite others to rise publicly and take arms against the Government for any of the
purposes of rebellion.

INCITING TO REBELLION VS. PROPOSAL TO COMMIT REBELLION

1. In both crimes, the offender induces another to commit rebellion.

2. PROPOSAL – person who proposes has decided to commit rebellion
INCITING – it is not required that the offender has decided to commit rebellion
3. PROPOSAL – person who proposes the execution of the crime uses secret means
INCITING – the act if inciting is done publicly

In both proposal and inciting to commit rebellion, the crime of rebellion should not be actually
committed by the persons to whom it is proposed or who are incited. If they commit the rebellion
because of the proposal or the inciting, the proponent or the one inciting becomes a principal by
inducement in the crime of rebellion.

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Art. 139. Sedition; How committed. — The crime of sedition is committed by persons who rise publicly
and tumultuously in order to attain by force, 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; and

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

1) The offenders rise (1) publicly and (2) tumultuously

2) They employ force, intimidation, or by other means outside of legal methods
3) The offenders employ any of those means to attain any of the following objects:
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Review Notes for Criminology, RPC Book 2

a) To prevent the promulgation or execution of any law or the holding of any popular election;
b) 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;
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; and
e) 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.

SEDITION – raising of commotions or disturbances in the State

The ultimate object of sedition is a violation of the public peace or at least such a course or matures as
evidently engenders it.

REBELLION VS SEDITION

- What distinguishes sedition from rebellion is the object or purpose of the uprising
- In both rebellion and sedition, there must be a public uprising.
- In rebellion, there must be a taking up of arms against the Government. In sedition, it is
sufficient that the public uprising is tumultuous.
- In sedition, the purpose of the offender may be political
- In rebellion, the purpose of the offender is always political

TREASON VS SEDITION

- TREASON – violation by a subject of his allegiance to his sovereign or liege, lord, or to the
supreme authority of the State
- SEDITION – raising of commotions or disturbances in the State

No public and tumultuous uprising, no sedition.

No object of sedition, no sedition.

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Art. 140. Penalty for sedition. — The leader of a sedition shall suffer the penalty of prision mayor in its
minimum period and a fine not exceeding 10,000 pesos.

Other persons participating therein shall suffer the penalty of prision correccional in its maximum
period and a fine not exceeding 5,000 pesos.

PERSONS LIABLE FOR SEDITION

1) The leader of the sedition

2) Other persons participating in the sedition

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ATTY MELENCIO S. FAUSTINO
Review Notes for Criminology, RPC Book 2

Art. 141. Conspiracy to commit sedition. — Persons conspiring to commit the crime of sedition shall
be punished by prision correccional in its medium period and a fine not exceeding 2,000 pesos.

There must be an agreement and a decision to rise publicly and tumultuously to attain any of the objects
of sedition. Otherwise, it is not conspiracy to commit sedition. It may only constitute conspiracy to
commit direct assault of the first form which is not a felony.

There is no proposal to commit sedition, only conspiracy.

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Art. 142. Inciting to sedition. — The penalty of prision correccional in its maximum period and a fine
not exceeding 2,000 pesos shall be imposed upon any person who, without taking any direct part in
the crime of sedition, should incite others to the accomplishment of any of the acts which constitute
sedition, by means of speeches, proclamations, writings, emblems, cartoons, banners, or other
representations tending to the same end, or upon any person or persons who shall utter seditious
words or speeches, write, publish, or circulate scurrilous libels against the Government (of the United
States or the Government of the Commonwealth) of the Philippines, or any of the duly constituted
authorities thereof, or which tend to disturb or obstruct any lawful officer in executing the functions
of his office, or which tend to instigate others to cabal and meet together for unlawful purposes, or
which suggest or incite rebellious conspiracies or riots, or which 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, or who shall knowingly conceal such evil practices.

ACTS OF INCITING TO SEDITION

1) Inciting others to the accomplishment of any of the acts which constitute sedition, by means of
speeches, proclamations, writings, emblems, etc.
2) Uttering seditious words or speeches which tend to disturb the public peace
3) Writing, publishing, or circulating scurrilous libels against the Government or any of the duly
constituted authorities thereof, which tend to disturb the public peace

INCITING TO SEDITION TO ACCOMPLISH ANY OF ITS OBJECTS

ELEMENTS

1) The offender does not take any direct part in the crime of sedition
2) He incites others to the accomplishment of any of the acts which constitute sedition
3) The inciting is done by means of speeches, proclamations, writings, emblems, cartoons,
banners, or other representations tending to the same end

It is not inciting to sedition when it is not proved that the defendant incited the people to rise publicly
and tumultuously in order to attain any of the ends mentioned in Article 139.

SCURRILOUS – low, vulgar, mean or foul

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Review Notes for Criminology, RPC Book 2

UTTERING SEDITIOUS WORDS OR SPEECHES AND WRITING, PUBLISHING OR CIRCULATING

SCURRILOUS LIBELS WHEN PUNISHABLE:

1) They tend to disturb or obstruct any lawful officer in executing the functions of his office
2) They tend to instigate others to cabal and meet together for unlawful purposes
3) They suggest or incite rebellious conspiracies or riots
4) 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

Knowingly concealing such evil practices is ordinarily an act of the accessory after the fact, but under
Article 142, the act is treated and punished as that of the principal.

The use of words, emblems, etc., and not performance of the act alone, is punished in inciting to sedition.

It is not necessary, in order to be seditious, that the words used should in fact result in a rising of the
people against the constituted authorities. The law is not aimed merely at actual disturbance, as its
purpose is also to punish utterances which may endanger public order.

RULES RELATIVE TO SEDITIOUS WORDS

1) The Clear and Present Danger Rule

- The words must be of such a nature that by uttering them there is a danger of public uprising
and that such danger should be both clear and imminent
- It is required that there must be reasonable ground to believe that the danger apprehended is
imminent and that the evil to be prevented is a serious one. There must be probability of serious
injury to the State
- Present refers to the time element. It is used to be identified with imminent and immediate
danger. The danger must not only be probable but very likely inevitable.

2) The Dangerous Tendency Rule

- If the words used tend to create a danger of public uprising, then those words could properly be
the subject of a penal clause.
- There is inciting to sedition when the words uttered or published could easily produce
disaffection among the people and a state of feeling in them incompatible with a disposition to
remain loyal to the Government and obedient to the laws.

UNLAWFUL RUMOR-MONGERING AND SPREADING FALSE INFORMATION

- Committed by any person who shall offer, publish, distribute, circulate and spread rumors, false
news and information and gossip, or cause the publication, distribution, circulation or spreading
of the same, which cause or tend to cause panic, divisive effects among the people, discredit of
or distrust for the duly constituted authorities, undermine the stability of the Government and
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Review Notes for Criminology, RPC Book 2

the objectives if the new Society, endanger the public order, or cause damage to the interest or
credit of the State.
- PENALTY: Prision correccional or 6 months and 1 day to 6 years imprisonment
- IF GOVERNMENT OFFICIAL OR EMPLOYEE: absolute perpetual disqualification from holding any
public office

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