CRIMINAL LAW 2 ELEMENTS
That the inciting is done by means of
(Art. 134-147)
Art. 134. Rebellion or insurrection
1. That there be (a) public uprising, and (b)
taking arms against the Government
2. That the purpose of the uprising or
movement is either
a. To remove from the allegiance to
said Government or its laws:
a. The territory of the
Philippines or any part
thereof; or
b. 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.
Art. 135. Penalty for Rebellion, Insurrection or
Coup detat
Who are liable?
A. Leaders
a. Any person who (a) promotes,
(b) maintains, or (c) heads a
rebellion or insurrection; or
b. Any person who (a) leads, (b)
directs, or (c) commands others
to undertake a coup detat
B. Participants
a. Any person who (a)
participates, or (b) executes the
commands of others in
rebellion, or insurrection;
b. Any person in the government
service who (a) participates, or
(b) executes directions or
commands of others in
undertaking a coup detat
c. Any person not in the
government service who (a)
participates, (b) supports, (c)
finances, (d) abets, or (e) aids in
undertaking a coup detat
Art. 136. Conspiracy and proposal to commit
coup detat, rebellion or insurrection
Art. 139. Sedition
1. Conspiracy to commit rebellion, and
2. Proposal to commit rebellion
There is 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.
There is 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.
Art. 137. Disloyalty of public officers or
employees
Offender must be a public officer or employee
Offender must not be in conspiracy with the
rebels
Acts of Disloyalty which are punished:
1. By failing to resist a rebellion by all
the means in their power; or
2. By continuing to discharge the duties
of their offices under the control of
the rebels; or
3. By accepting appointment to office
under them.
Art. 138. Inciting to rebellion or insurrection
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.
speeches, proclamations, writings,
emblems, banners or other
representatives tending to the same end.
1. That the offenders rise (1) publicly, and
(2) tumultuously
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 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 of all its
property or any parts thereof.
Art. 140. Penalty for sedition
Persons liable for sedition:
1. The leader of the sedition, and
2. Other persons participating in the
sedition
Leader Penalty of Prision Mayor in its minimum
and a fine not exceeding 10,000 pesos
Participants Penalty of Prision Correccional in
its maximum period and a fine not exceeding
5,000 pesos
Art. 141. Conspiracy to commit sedition
1. That there must be an agreement and
decision to rise publicly and
tumultuously to attain any of the objects
of sedition
2. That there is no proposal to commit
sedition
Art. 142. Inciting to sedition
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. That the offender does not take direct
part in the crime of sedition
2. That he incites others to the
accomplishment of any of the acts which
constitute sedition.
3. That the inciting is done by means of
speeches, proclamations, writings,
emblems, cartoons, banners, or other
representations tending to the same
end.
Uttering seditious words or speeches and
writing, publishing or circulating scurrilous
libels are punishable, when:
1. They tend to disturb or obstruct any
lawful officer in executing the functions
of his office; or
2. They tend to instigate others to cabal
and meet together for unlawful
purposes; or
3. They suggest or incite rebellious
conspiracies or riots; or
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.
Rules to Seditious Words
1. Clear and Present Danger Rule
- Words must be of such a nature that
by uttering them there is a danger of
a public uprising and that such
danger should be both clear and
imminent
2. Dangerous Tendency Rule
- Words used tend to create a danger
of public uprising. Words uttered
could easily produce disaffection
among the people and a state of
feeling incompatible with a
disposition to remain loyal to the
Government.
Art. 143. Acts tending to prevent the meeting
of the Assembly and similar bodies
1. That there be a projected or actual
meeting of the National Assembly or any
of its committees or subcommittees,
constitutional committees or divisions
thereof, or any of any provincial board
or city or municipal council or board.
2. That the offender who may be any
person prevents such meeting by force
or fraud
Art. 144. Disturbance of proceedings
1. That there be a meeting of the National
Assembly or any of its committees or
subcommittees, constitutional
commissions or committees or divisions
thereof, or of any provincial board or
city or municipal council or board.
2. That the offender does any of the
following acts:
a. He disturbs any of such
meetings
b. He behaves while in the
presence of any such bodies in
such a manner as to interrupt its
proceedings or to impair the
respect due it.
Art. 145. Violation of parliamentary immunity
Par. 1. Offender is any person
1. That the offender uses force,
intimidation, threats or fraud
2. That the purpose of the offender is to
prevent any member of the National
Assembly from
a. Attending the meetings of the
Assembly or any of its
committees or constitutional
commissions, etc.; or
b. Expressing his opinions; or
 c. Casting his vote
Par. 2. Offender is a public officer or employee
1. That the offender is a public officer or
employee;
2. That he arrests or searches any member
of the National Assembly;
3. That the Assembly, at the time of arrest
or search, is in regular or special session;
4. That the member arrested or searched
has not committed a crime punishable
under the Code by a penalty higher than
prision mayor.
Art. 146. Illegal Assemblies
What are illegal assemblies?
1. Any meeting attended by armed persons
for the purpose of committing any of the
crimes punishable under the Code.
a. That there is a meeting, a
gathering or group of persons,
whether in a fixed place or
moving;
b. That the meeting is attended by
armed persons;
c. That the purpose of the meeting
is to commit any of the crimes
punishable under the Code.
2. Aby meeting in which the audience,
whether armed or nor, is incited to the
commission of the crime of treason,
rebellion or insurrection, sedition, or
assault upon a person in authority or his
agents.
a. That there is a meeting, a
gathering or group of persons,
whether in a fixed place or
moving.
b. That the audience, whether
armed or not, is incited to the
commission of the crime of
treason, rebellion or
insurrection, sedition or direct subdivisions by force, violence, deceit,
assault. subversion or other illegal means, for
the purpose of placing such government
Persons liable for illegal assembly: or political subdivision under the
1. The organizers or leaders of the meeting control and domination of any alien
2. Persons merely present at the meeting power; and
(Though absence of such intent to 3. Taking up arms against the Government,
commit the felony, may exempt the the offender being a member of the
person present from criminal liability.) Communist Party or of any subversive
association as defined in Sec. 2 of the Act.
Art. 147. Illegal associations
Acts punished under the Revised Anti-
What are illegal associations? Subversion Law (PD No. 885):
1. Associations totally or partially 1. Knowingly, willfully and by overt act
organized for the purpose of committing affiliating with, becoming or remaining a
any of the crimes punishable under the member of a subversive association or
Code organization as defined in Sec. 2 thereof;
2. Associations totally or partially 2. Taking up arms against the Government,
organized for some purpose contrary to the offender being a member of a such
public morals. subversive association or organization
Persons liable for illegal association:
1. Founders, directors and president of the
association.
2. Mere members of the association.
Subversion - an action, plan, or activity intended
to undermine or overthrow a government or
other institution
Acts punished under the Anti-Subversion Act
(RA No. 1700):
1. Knowingly, willfully and by overt acts
(a) affiliating oneself with, (b) becoming,
or (c) remaining a member of the
Communist Party of the Philippines
and/or its successors or of any
subversive associations as defined in
Sec. 2 of the Act;
2. Conspiring with any other person to
overthrow the Government of the
Republic of the Philippines or the
government of any of its political