Vous êtes sur la page 1sur 5

ELEMENTS Manner of commission or how it is committed

REBELLION 1.public uprising AND 2.taking up arms against the govt -mass movement -larger in scope -may be committed even though not a single shot fired, as long as public uprising

INSURRECTION 1.public uprising AND 2.taking up arms against the govt -smaller in scope

COUP DETAT swift attack accompanied by: VITSS (violence, intimidation, threat, strategy, and stealth) -singly or simultaneously

SEDITION 1.Rising publicly AND tumultuously 2.means are FIO (force, intimidation, other means outside legal methods)

Purpose/Objective

1.remove from allegiance to said govt or is laws: a.territory of the phil, or any part thereof OR b.any body of land, naval or other armed forces OR 2.depriving the CE or Congress, wholly or partially of any of their powers or prerogatives -to overthrow and supersede the existing govt -always political purpose

Seeks merely to: 1.effect some change of minor importance; OR 2.prevent the exercise of governmental authority with respect to particular matters

To seize or diminish state power through the seizure of facilities and utilities essential to the continued possession and exercise of governmental powers

1.to prevent the promulgation or execution of any law or the holding of any popular election 2. A. to prevent: a. the natl govt, or b. any provincial or municipal govt, or c. any public officer thereof, from freely exercising its or his functions; or B. 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 social or political end, any act of hate or revenge against private persons or any social class 5.to despoil for any political or social end, any: a. person,

b. municipality or province, or c. natl govt of all its property or any part thereof tumultuous = if caused by more than 3 persons who are armed or provided with the means of violence -may be for purpose of political or social -here it is immaterial if the objective is attained Committed against Against the govt Against the govt Against: 1.duly constituted authorities of the phil 2.any military camp 3.installation 4.communication networks 5.public utilities 6.other facilities needed for the exercise and continued possession of power May be committed by one person or multitude (pero sbe ni sr di dw pdeng isa, tas dpat karamihan AFP or PNP) Principal offenders must be members of: 1.AFP 2.PNP 3.someone who holds public office or employment 4.any person in the govt service who participates, or in any manner supports, Not necessarily against the govt

Who are liable/ Who may commit

No qualifications 1.any person who commits, maintains or heads a rebellion or insurrection 2.any person who participates or who executes the commands of others in rebellion of insurrection

No qualifications

No qualifications

finances, abets or aids in the undertaking of coup detat -this is with or without civilian support Time of commission NOTES: Both peace and war

DISLOYALTY OF PUBLIC EMPLOYEES/OFFICERS ELEMENTS: 1. Offender must be a public officer 2. The crime presupposes rebellion by other persons; offender must not be in conspiracy with the rebels otherwise hes guilty of rebellion 3. Acts punished: a. Failing to resist a rebellion by all means in their power b. Continuing to discharge the duties of their office under the control of the rebels c. Accepting appointment to office under the rebels

Elements

REBELLION 1.That there be: a. Public uprising b. Taking up of arms against the govt 2. for the purpose of: A. remove from allegiance to said govt or is laws: a.territory of the phil, or any part thereof OR b.any body of land, naval or other armed forces; OR B.depriving the CE or Congress, wholly or partially of any of their powers or prerogatives

INSURRECTION Same with rebellion however, in Insurrection, it is smaller in scope and its purpose is to: 1.effect some change of minor importance; OR 2.prevent the exercise of governmental authority with respect to particular matters

COUP DETAT 1.That the offender is a person or persons belonging to: a.AFP b.PNP c.someone who holds public office or employment d.any person in the govt service who participates, or in any manner supports, finances, abets or aids in the undertaking of coup detat 2.that it is committed by means of a swift attack, accompanied by VITSS 3.That the attack is directed against: a.duly constituted authorities of the phil b.any military camp c.installation d.communication networks e.public utilities f.other facilities needed for the exercise and continued possession of power 4. To seize or diminish state power through the seizure of facilities and utilities essential to the continued possession and exercise of governmental powers

SEDITION 1.That the offenders rise: a.publicly; AND b.tumultuously 2.That they employ, FIO 3.to attaing any of the ff objectives: A.to prevent the promulgation or execution of any law or the holding of any popular election B. 1. to prevent: a. the natl govt, or b. any provincial or municipal govt, or c. any public officer thereof, from freely exercising its or his functions; or 2. 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 social or political end, any act of hate or revenge against private persons or any social class E.to despoil for any political or social end, any: 1. person, 2. municipality or province, or 3. natl govt of all its property or any part thereof

Vous aimerez peut-être aussi