MODULE I
attempt consummates the crime.
Article 114
ELEMENTS OF TREASON:
1. That the offender is either a FILIPINO
CITIZEN or a RESIDENT ALIEN
(permanent or temporary allegiance to the
Government of the Philippines)
2. .That there is a WAR in which the
Philippines is involved
3. That the offender either –
 LEVIES WAR against the government
- there must be an actual assembling of
men
- not necessary that there be any
formal declaration of state or war
- the war must be directed against the
government
- levying of war must be in collaboration
with a foreign enemy ( If the levying of war
is merely a civil uprising, without any
intention of helping an external enemy, the
crime is not treason. The offenders may be
held liable for rebellion.)
 ADHERES to the ENEMIES, giving
them AID and COMFORT
- adherence and giving aid or comfort
must concur together.
- the act committed need actually
strengthen the enemy
- the aid or comfort given to the
enemies must be after the declarartion of
war. The enemies must be the subject of a
foreign power. (It does not embrace rebels
in insurrection against their own country
because they are still citizens and not
enemies.)
* When killings and other common crimes
are charged as overt acts of treason, they
cannot be regarded as separate crimes or
as complexed with treason.
The raping mentioned in the information
therein alleged is not a specific offense but
mere element of the crime of treason.
(People v. Adlawan)
* Filipino citizens can commit treason
outside the Philippines. But that of an alien
must be committed in the Philippines.
* Ways of proving treason:
- 2 witnesses testifying to SAME OVERT
ACT
- CONFESSION of the accused in open
court
* No such thing as attempted treason; mere
NOT TREASONOUS
1. Acceptance of public office and
discharge of official duties under the
enemy does not constitute per se the
felony of treason (exception: when it is
policy determining)
2. Serving in a puppet government
(ministerial functions) and in order to
serve the populace is NOT treasonous.
But it is treason if: a) there is discretion
involved; b) inflicts harm on Filipinos; c) it
is disadvantageous to them.
3. If the purpose is to merely to change
officials.
AGGRAVATING circumstances in treason
1. CRUELTY by subjecting guerilla
suspects to barbarous forms of torture
before putting them to death; and
2. IGNOMINY, by stripping the wife or her
clothes and then abusing her in the
presence of her husband, a guerilla
suspect. (People v. Adlawan)
*Defense of suspended allegiance and
change of sovereignty is not accepted
because what is suspended is the exercise
of the rights of sovereignty. (Laurel v. Misa)
Article 115
CONSPIRACY to commit treason
ELEMENTS:
1. In time of war
2. 2 or more persons come to an
agreement to commit treason
3. They decide to commit it
PROPOSAL to commit treason
1. In time of war
2. A person who has decided to commit
treason proposes its execution to some
other person/s.
* Mere proposal even without acceptance is
punishable too. If the other accepts, it is
already conspiracy.
Article 116
MISPRISION of treason
 1. That the offender must be OWING
ALLEGIANCE to the government, and not
a foreigner
2. That he HAS KNOWLEDGE of any
conspiracy (to commit treason) against
the government
3. That he CONCEALS or DOES NOT
DISCLOSE and make known the same as
soon as possible to the governor or fiscal
of the province or the mayor or fiscal of
the city in which he resides
* Refers to knowledge of any conspiracy
against the Government of the Philippines,
not knowledge of treason actually commited
by another.
* Offender under this article is punished as
an accessory to treason
Article 117. Espionage
1. By those without authority (Prision
Mayor)
ELEMENTS:
1. That the offender ENTERS a warship,
fort, or naval or military establishment or
reservation
2. That he has NO AUTHORITY therefor;
3. That his purpose is to OBTAIN
INFORMATION, plans, photographs or
other data of a confidential nature relative to
the defense of the Philippines
2. By reason of public office (Reclusion
Temporal)
Elements:
1. That the offender is a PUBLIC OFFICER
2. That he has in his POSSESSION the
articles, data or information referred to in
par 1 of art 117, BY REASON OF THE
PUBLIC OFFICE he holds
3. That he DISCLOSES their contents to a
representative of a FOREIGN NATION
Article 118
INCITING TO WAR OR GIVING MOTIVES
FOR REPRISALS
ELEMENTS:
1. That the offender performs UNLAWFUL
or UNAUTHORIZED acts
2. That such acts PROVOKE or give
occasion for a war involving or liable to
involve the Philippines or EXPOSE Filipino
citizens to reprisals on their persons or
property
* Intention is immaterial
Article 134
REBELLION OR INSURRECTION
ELEMENTS:
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 (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
* It is not necessary, to consummate
rebellion, that the rebels succeed in
overthrowing the Government.
* Rebellion v. Insurrection - Rebellion is
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 government
authority with respect to particular matters.
* Rebellion v Subversion - Subversion, like
treason, is a crime against national security.
Rebellion is a crime against public order.
*Under R.A. No. 9372 (Human Security Act
of 2007), a person who commits an act
punishable as rebellion or insurrection,
thereby showing and creating a condition of
widespread or 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.
Article 134-A
COUP D E’TAT
ELEMENTS:
1. The offender is a person/s belonging to * It is not a defense in rebellion that the
the MILITARY or POLICE or holding any accused never took oath of allegiance to, or
PUBLIC OFFICE or employment that they never recognized the Government.

2. Committed by means of SWIFT ATTACK * There is no complex crime of rebellion

accompanied by THREAT, VIOLENCE,
INTIMIDATION, THREAT, STRATEGY,
STEALTH
3. Directed AGAINST duly constituted
AUTHORITIES or REPUBLIC of the
PHILIPPINES, or any MILITARY CAMP or
other facilities needed for the exercise and
continued POSSESSION of power
with murder and other common crimes.
* Rebellion, and not murder, where killings
are politically motivated.
Article 136
Conspiracy and Proposal to commit coup
d’etat (Prision Mayor in its minimum)

4. Purpose is to SEIZE or DIMINISH state Conspiracy and Proposal to commit

power rebellion or insurrection (Prision
Correccional)
* *Under R.A. No. 9372 (Human Security
Act of 2007), a person who commits an act Article 137
punishable as coup d’etat under RPC,
thereby showing a creating a condition of Disloyalty of Public Officers and
widespread and extrordinary fear and panic Employees
among the populace, in order to coerce the
government to give in to an unlawful ELEMENTS:
demand shall be guilty of the crime of
terrorism. 1. The offender must be a public
officer/employee
2. Acts of disloyalty punished:
Article 135
A. FAILING to resist a rebellion by all the
The following are liable for rebellion, means in their power;
insurrection and coup d’etat: B. CONTINUING TO DISCHARGE the
duties of their offices under control of the
A. The leaders - rebels;
C. ACCEPTING APPOINTMENT to office
1) Any person who promotes, maintains or under them.
heads a rebellion or insurrection; or
Article 138. Inciting to Rebellion or
2) Any person who leads, directs, or
Insurrecction
command others to undertake copu d’etat

B. The participants ELEMENTS:

1. Any person who participates or executes 1. That the offender DOES NOT TAKE
the commands of others in rebellion, or ARMS or is NOT IN OPEN HOSTILITY
insurrection; against the government

2. Any person in the government service 2. That heINCITES OTHERS to the

who participates or executes directions or execution of any of the acts of rebellion
commands of others in undertaking a coup
d’etat; 3. That the inciting is done by MEANS of
3. Any person not in the government speeches, proclamations, writings,
service who participates, suports, finances, emblems, banners or other representations
abets, or aids in undertaking a coup d’etat. tending to the same end
Inciting rebellion v. Proposal to commit
rebellion
* In proposal, the person who proposes has
decided to commit rebellion; in inciting to
rebellion, it is not required that the offender
has decided to commit rebellion.
* In proposal, the person who proposes the
execution of the crime uses secret means;
in inciting to rebellion, the act of inciting is
done publicly.
Article 139. Sedition
ELEMENTS:
1. That the offenders RISE PUBLICLY and
TUMULTUOUSLY
2. That they employ fFORCE, INTIMIDTION
ot other means OUTSIDE of LEGAL
METHODS;
3. That the offender employ 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 thereof from freely exercising its
or his functions, or prevent the execution of
any administrative order
c. to inflict any act or 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
e. to despoil, for any political or social end,
any person, municipality or province, or the
national government of all its property or
any part thereof.
Sedition v. Rebellion
* In both rebellion and sedition, there must
be public uprising. While in rebellion there
must be taking up of arms against the
Government; in sedition, it is sufficient that
the public aprising is tumultuous.
* While in sedition, the purpose of the
offenders may be political and social; in
rebellion, it is always political.
The purpose of the raid and the act of the
raiders in rising publicly and taking up arms
was not exactly against the Government.
Rather, the object was to attain by means of
force, intimidation, etc., one object - to inflict
an act of hate or revenge upon the person
or property of a public official, namely,
Punzalan, who was then mayor of Tiaong.
Sedition v. Treason
* Treason is the violation by a subject of his
allegiance to his sovereign or to the
supreme auhtority of the State. Sedition is
the raising of commotions or disturbances
in the State.
Article 140
Persons liable for sedition:
1. The leader of the sedition (Prision
Mayor), and
2. Other persons participating in the
sedition (Prsion Correccional).
Article 141. Conspiracy to commit sedition
(Prision correccional in its medium period).
* There is no proposal to commit sedition.
Article 142.
Inciting to Sedition (Prision Correccional
in its maximum period)
ELEMENTS:
1. That the offender DOES NOT TAKE
A 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, writing,
 emblems, cartoons, banners, or
other representations tending to the
same end
* Different 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
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
*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 at merely
at actual disturbance, as its purpose is aslo
to punish utterances which may endanger
public order. (People v. Nabong)
Article 143
Acts tending to Prevent the Meeting of
Congress and Similar Bodies (Prision
Correccional)
ELEMENTS:
1. That THERE BE A PROJECTED or
ACTUAL MEETING of Congress or any of
its committees or subcommittees,
constitutional commissions or committees
or division thereof, or 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
Article 144
Disturbance of Proceedings (Arresto
Mayor)
ELEMENTS:
1. That THERE BE A MEETING of
Congress or any of its committees,
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
Article 145
Violation of Parliamentary Immunity
Acts punishable:
1. By using FORCE, INTIMIDATION,
THREATS or FRAUD to PREVENT any
member of National Assembly from –
a. attending the meeting of the assembly or
any of its committees, constitutional
commissions or committees or divisions
thereof, or from
b. expressing his opinions or
c. casting his vote
2. By ARRESTING or SEARCHING any
member thereof while Congress is in a
regular or special SESSION, EXCEPT in
case such member has committed a crime
punishable under the code by a penalty
higher than prision mayor.
Article 146
Illegal Assemblies
1. Any MEETING attended by ARMED
persons for the perpose of ommitting any of
the CRIMES PUNISHABLE under the
Code.
*Persons merely present at such meeeting
shall suffer the penalty of arresto mayor,
unless they are armed, in which case the
penalty shall be prision correccional.
2. Any MEETING, in which the audience,
whether armed or not, 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 gathering or group, whether in a fixed
place or moving, is included in the word
“meeting.”
Article 147
Illegal Associations
ELEMENTS:
1. Associations TOTALLY or PARTIALLY
organized
a. for the purpose of committing any of the
crimes punishable under RPC
b. for some purpose contrary to public
morals
Persons liable:
1. Founders, directors and presidents of the
association;
2. Mere members of the association.
Illegal Association v. Illegal Assembly
* In illegal assembly, it is necessary that
there is an actual meeting or assembly; in
illegal association, it is not necessary that
there be an actual meeting.
* In illegal assembly, it is the meeting and
attendance at such meeting that are
punished; in illegal associations, it is the act
of forming or organizing and membership in
the association that are punished.
Article 148
Direct Assault
1. Without public uprising, by employing
FORCE or INTIMIDATION for the
attainment of any of the purposes
enumerated in defining the crimes of
rebellion and sedition.
* It’s not necessary that the offended party
in the first form of direct assault be a person
in authority. If the aim of the offender is to
attain an object of sedition, the offended
party may be a private individual or person
belonging to social class.
2. Without public uprising, by ATTACKING,
by EMPLOYING FORCE, or by
SERIOUSLY INTIMIDATING or
SERIOUSLY RESISTING any person in
authority or any of his agents, while
engaged in the performance of official
duties, or on the occassion of such
performance.
Person in authority - any person directly
vested with jurisdiction (the power or
authority to govern or execute laws),
whether as an inidividual or as a member of
some court or governmental corporation,
board, or commission.
An agent of a person in authority - is one
who, by direct provisions of law or by
election or by appointment by competent
authority, is charged with the maintenance
of public order and the protection and
security of life and property.
* When the person in authority or their
agents descended to matters which are
private in nature, an attack made by one
against the other is not direct assault.
* When a person in authority or his agent is
the one who provokes and attacks another
person, the latter is entitled to defend
himself and cannot be held liable for assault
or resistance nor for physical injuries,
because he acts in legitimate defense.
* An assault upon a person in authority may
be committed by another person in authority
as Article 148 makes it an aggravating
circumstance when the offender is a “public
officer or employee.” However, there can be
no assault upon or disobedience to one
authority by another when they both
contend in the exercise of their duties.
* The knowledge of the accused that the
victim is a person in authority or his agent is
essential.
* Defendants must have the intention to
defy the authorities.
* Direct assault is qualified -
1. When the assault is committed with
weapon (firearms, sharp/cutting
instruments, stones, clubs, and any object
with which some physical injury may be
inflicted)
2. When the offender is a public officer or
employee - A teacher may be guilty of direct
assault committed on another teacher
(Gelig v. People)
3. When the offender lays hands upon a
person in authority.
* Complex crime of direct assault with
homicide or murder, or with serious or less
serious physical injuries. But, the crime of
slight physical injuries is absorbed in direct
assault.
Article 149
INDIRECT ASSAULT (Prision
Correccional in its minimum and
medium periods)
ELEMENTS:  offender
1. That a person in authority or his agent is
the VICTIM of any of the forms of DIRECT
ASSAULT defined in ART. 148.
2. That a person comes to the AID of such
authority or his agent.
3. That the offender makes use of FORCE
or INTIMIDATION upon such person
coming to the aid of the authority or his
agent.
* Indirect assault can be committed only
when a direct assault is also committed.
Article 150
Disobedience to summons issued by
Congress (Arresto Mayor)
Acts punishable:
1. Refusing WITHOUT LEGAL
EXCUSE to obey summons
2. REFUSING TO BE SWORN or
placed under affirmation
3. REFUSING to ANSWER any
LEGAL INQUIRY to produce books,
records etc.
4. RESTRAINING another from
attending AS WITNESS in such
body
5. INDUCING DISOBEDIENCE to a
summons or refusal to be sworn
* Any of the acts punished by Article 150
may also constitute contempt of the
Congress.
Article 151
Resistance and Disobedience to a
Person in Authority or the Agents of
such Person
Elements of resistance and serious
disobedience (par. 1):
1. That a person in authority or his agent is
angaged IN THE PERFORMANCE of
official duty or gives a lawful order to the
2. That the offender RESIST or
SERIOUSLY disobeys such person in
authority or his agent.
3. That the act of the offender is not
INCLUDED in the provisions of Art. 148,
149 and 150.
* The disobedience contemplated consists
in the failure or refusal to obey a direct
order from the authority or his agent.
Elements of simple disobedience (par.
2):
1. That an AGENT of a person in authority
is engaged IN THE PERFORMANCE of
official duty or gives LAWFUL ORDER to
the offender
2. That the offender DISOBEYS such agent
3. That such disobedience is NOT of a
SERIOUS in nature.

* The use of force in resistance is not

serious, compared to that of direct assault,
because there is no manisfest intention to
defy the law and the officers enforcing it.

* When the attack or employment of force is

not deliberate, the crime is only resistance
or disobedience.

Article 152

Persons in Authority and Agents of

Persons in Authority.

* Persons in authority - municipal mayor,

division superintendent, teacher-nurse,
president of sanitary division, provincial
fiscal, justice of peace, municipal councilor,
barrio captain and brgy. Chairman,
professors or private colleges and
universties (according to jurisprudence)

* To be an agent of a person in authority,

one must be charged with (1) the
maintenance of public order,a nd (2) the
protection and security of life and property