Article 134

REBELLION OR INSURRECTION
ELEMENTS:
1.
1.
2.
2.

That there be
public uprising and
taking arms against the government (force/violence)
That the purpose of the uprising or movement is either

1. to remove from the allegiance to said government or its laws

1.

i. the territory of the Philippines or any part thereof, or

ii. 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

Persons liable for rebellion

1. Any person who:

1. promotes
2. maintains, or
3. heads a rebellion or insurrection; or
2. Any person who, while holding any public office or employment, takes part
therein by:
1. engaging in war against the forces of the government
2. destroying property or committing serious violence
3. 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);
4. Any person merely participating or executing the command of others in rebellion
Success is immaterial, purpose is always political
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 govt authority w/ respect to
particular matters or subjects
Actual clash of arms w/ the forces of the govt, not necessary to convict the
accused who is in conspiracy w/ others actually taking arms against the govt

Purpose of the uprising must be shown but it is not necessary that it be

accomplished

Article 136
CONSPIRACY TO COMMIT REBELLION OR INSURRECTION
ELEMENTS:
1. 2 more persons come to an agreement to rise publicly and take arms against the
government
2. For any of the purposes of rebellion
3. They decide to commit it

PROPOSAL TO COMMIT REBELLION OR INSURRECTION (136)

ELEMENTS:
Organizing a group of soldiers, soliciting membership in, and soliciting funds for
the organization show conspiracy to overthrow the govt
The mere fact of giving and rendering speeches favoring Communism would not
make the accused guilty of conspiracy if theres no evidence that the hearers then
and there agreed to rise up in arms against the govt
Conspiracy must be immediately prior to rebellion
If it is during the rebellion, then it is already taking part in it.
1. A person who has decided to rise publicly and take arms the government
2. For any of the purposes of rebellion
3. Proposes its execution to some other person/s
Article 138
INCITING TO REBELLION OR INSURRECTION
ELEMENTS:
1. That the offender does not take 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
3. 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 rebellion.

Not required that the

offender has decided to
commit rebellion.

The person who proposes the

execution of the crime uses
secret means.

The inciting is done publicly.

NOTES:
Inciting must have been intentionally calculated to seduce others to rebellion.
In both proposal to commit rebellion and in inciting to rebellion, rebellion should
not actually be committed by the persons to whom it was proposed, or who were
incited. If they commit rebellion because of the proposal or incitement,
theproponent, or the one inciting may become a principal by inducement in the
crime of rebellion.
Can only be committed by civilians who do not take part therein.

NOTE: In both, the crime of rebellion should not be actually committed by the persons
to whom it is proposed or who are incited; otherwise, they become principals by
inducement in the crime of rebellion.