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2. Article 134 provides that rebellion or insurrection is committed by rising publicly and taking up
arms against the government for the purpose of removing from allegiance of said government
or its laws, its territory or any part thereof, or any body of land, naval or other armed forces, or
depriving the Chief Executive or Legislative, wholly or partially of any of their powers or
prerogatives. However, the difference between the two crimes lies with its purpose. In rebellion,
the object of the movement is to completely overthrow and supersede the existing government
while in insurrection, the movement is merely to seek minor changes to prevent the exercise of
government authority with respect to particular matters.
3. Two-witness rule in proving the crime of treason means that every act, movement, deed, and
word of the defendant charged to constitute treason must be supported by the testimony of
two witnesses. Each of the witnesses must testify to the whole of the same overt act that
happened in the same place or if it is separable, there must be two witnesses to each part of the
overt act.
4. A. A has not committed a crime. Under the law, the crime of evasion of service of sentence is
committed by the prisoner who escapes if such prisoner is a convict serving sentence by final
judgment. However, if such prisoner is only a detainee, he incurs no liability. In this case, A is
only a detention prisoner. He is not yet convicted by final judgement. Hence, he did not commit
a crime.
B. B has committed the crime of infidelity in the custody of prisoners by conniving with or
consenting to evasion. Under article 223, the elements of conniving with or consenting to
evasion are as follows:
a. that the offender is a public officer;
b. that he had in custody or charge, a prisoner either detention prisoner or prisoner by final
judgement;
c. that such prisoner escaped from his custody;
d. that he was in connivance with the prisoner in the latter’s escape.
In this case, B as a jail guard is a public officer in charge of prisoners, A is a detention prisoner,
and B helping A in his escape is a clear proof of his connivance with the latter. Therefore, B is
liable under article 223 for conniving with or consenting to evasion.