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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 d’etat
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 d’etat, 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

being the subjective element. SUBVERSION The difference between rebellion and subversion lies in the manner it is accomplished as well as its categorical nature. 3. threat. belonging to the military or police or holding any public office or employment.partially. for the purpose of overthrowing the Government. threat. 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. singly or simultaneously carried out anywhere in the Philippines by any person or persons. being the normative element. and is a crime against national security. In rebellion the object of the movement is to overthrow and supersede the existing government. communications networks. The first act. or any military camp or installation. intimidation. and the latter. Offender belongs to the military or police or holds any public office or employment. It evokes civil war on a bigger or lesser scale. 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. . 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. of any of their powers or prerogatives. B. accompanied by violence. It is a challenge to the constituted authorities. Subversion. Treason. the crime of rebellion is complete. 134-A (MEMORIZE) Coup d’etat . on the other hand. Committed through a swift attack accompanied by violence. is organized incitement of civil disorder against authority or the state through speech or writing. 2. 2. Art. is committed by giving aid to the enemy or adhering to the enemy in a time of war. NATURE OF REBELLION 1. INSURRECTION The difference between rebellion and insurrection lies in the object of the movement. It is a crime of the masses. strategy or stealth. public utilities or other facilities needed for the exercise and continued possession of power. ELEMENTS OF COUP D’ETAT 1. for the purpose of seizing or diminishing state power. intimidation. taking arms against the Government.How committed . C. Rebellion is committed by taking arms against the Government in a time of peace. DIFFERENTIATING REBELLION FROM: A.The crime of coup d’etat is a swift attack. the very moment a group of rebels rise publicly and take arms against the Government for the purpose of overthrowing the same by force. TREASON The difference between rebellion and treason lies in the manner in which it is committed and in the time when it is committed. with or without civilian support or participation. on the other hand. strategy or stealth. Rebellion is armed resistance to an established government or ruler and is a crime against public order. 3. the crime of rebellion is perfected. Purpose is to seize or diminish state power. Therefore. directed against duly constituted authorities of the Republic of the Philippines.

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

00 Note: Art. Writings 4.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. 2. 1. Fail to resist a rebellion by all means within their power. and punishes those who are guilty of conspiracy and proposal to commit rebellion. Conspiracy to commit rebellion . banners or other representations tending to the same act. Inciting is done through speeches. Art. 134. by: 1. proclamations. he is not liable under this particular article. 136 echoes the provision of Art 134.00 3.000. 137 Disloyalty of public officers or employees -imposes a penalty of prision correccional minimum upon public officers or employees who: 1. 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. Note: Art. 137 punishes only public officer or employees. Art. Proclamations 3. Art. DIFFERENTIATING INCITING TO REBELLION FROM PROPOSAL TO COMMIT REBELLION INCITING TO REBELLION PROPOSAL TO COMMIT REBELLION . Conspiracy and proposal to commit coup d’etat Penalty: Prision Mayor (Minimum period) & a fine not exceeding P8. or else he will be guilty of rebellion and not disloyalty. Note: In Art.000. 137 the public officer or employee who commits acts of disloyalty should not be in conspiracy with the rebels. Proposal to commit rebellion . He incites others to execute the acts of rebellion specified in Art. since the very existence of the Government is at stake. Accept appointment to an office under the rebels. Offender does not take arms and not in open hostility with the Government.000. ELEMENTS OF INCITING TO REBELLION OR INSURRECTION 1. Means of speeches 2. 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. 2.2 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. writings. Emblems 5.00 2. Banners or other representations tending to the same end. if a private individual accepts an appointment to office under the rebels. 134 of the RPC without taking arms or being in open hostility against the Government. since in conspiracy the act of one is the act of all. Hence. emblems.rebellion as well as its penalties. 3. 3. Discharge the duties of their offices under the control of the rebels. Penalty: Prision Correccional (Maximum period) & a fine not exceeding P5.

provincial. 17 (2) are present. or any public officer from freely exercising their functions as well as the execution of any administrative order. or any public officer thereof from freely exercising its or his functions. municipal government.common crimes are not absorbed in sedition . for any political or social end. 139 (MEMORIZE) Sedition .is organized incitement of civil disorder against authority or the state through speech or writing. If the inciting and proposal to commit rebellion are performed. 4. and is a crime against national security .The crime of sedition is committed by persons who rise publicly and tumultuously in order to attain by fore. induces another to commit rebellion. or the National Government (or the Government of the United States) of all its property or any part thereof.How committed .OBJECT: a violation of the public peace . The act of inciting to rebellion is done Person who proposes to execute the publicly.refers to the raising of commotions or disturbances in the state . municipality or province. 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. 2. To inflict any act of hate or revenge upon the person or property of any public officer or employee. To prevent the National Government. They employ force. 3. crime uses secret methods. Person who proposes to incite rebellion is Person who proposes to commit rebellion not required to decide to commit it. any person. province. has decided to commit it. -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. 2. 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. for any political or social end. To commit. any of the following objects: 1. or prevent the execution of any administrative order. or any provincial or municipal government. those who incited or proposed it become principals by inducement in the crime of rebellion.The offender. or by other means outside of legal methods. any act of hate or revenge against private persons or any social class. Provided that the requisites of Art. To despoil. in both crimes. or national government of all its property or any part thereof SEDITION . municipality. 3. intimidation. Art. or other means outside of legal methods. To prevent the promulgation or execution of any law or the holding of any popular election. but merely propose it to others. ELEMENTS OF SEDITION 1. The offenders rise publicly and tumultuously. 5. intimidation.

the safety and order of the Government 6. It is caused by more than 3 persons. Lead or tend to stir up the people against the lawful authorities 5.AN ACT IS TUMULTUOUS IF: 1. 142 Inciting to Sedition -imposes the sanction prision correccional maximum and a fine not exceeding P2. They are armed or provided with means of violence.00 Art. 140 Penalty for sedition -imposes the following penalties on the following persons: 1. Leader .000. Emblems 5.prision mayor minimum and a fine not exceeding P10. Proclamations 3.00 Note: In conspiracy to commit sedition. Instigate others to cabal and meet togeher for unlawful purposes 3. Representations tending to the same end B. which tend to: 1. Knowingly conceal such evil practices. Any person who utters seditious words or speeches. 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. Incite rebellious conspiracies or riots 4. write.000. . Other participants . any person who incites others to accomplish any of the acts constituting sedition.prision correccional maximum and a fine not to exceed P5. Disturb or obstruct any lawful officer in executing the functions of his office 2. Writings 4. publish. or circulate scurrilous libels against the Government of both the US and the Phils. Speeches 2. for without the agreement to rise publicly and tumultuously is not conspiring to commit sedition.00 upon: A. 000. the important element is the agreement and the decision to attain an object of sedition.00 2. 2. Art. Cartoons 6. Disturb the peace of the community. Art. Banners 7. or any of the duly constituted authorities thereof. which are: 1.000.