Module Three continuation

(CRIMES AGAINST PUBLIC ORDER)

Crimes against public order are:

1. Rebellion or insurrection. (Art. 134)

2. Coup d'etat. (Art. 134-A)
3. Conspiracy and proposal to commit coup d'etat, rebellion or insurrection. (Art. 136)
4. Disloyalty of public officers or employees. (Art. 137)
5. Inciting to rebellion. (Art. 138)
6. Sedition. (Art. 139)
7. Conspiracy to commit sedition. (Art. 141)
8. Inciting to sedition. (Art. 142)
9. Acts tending to prevent the meeting of Congress and similar bodies. (Art. 143)
10. Disturbance of proceedings of Congress or similar bodies. (Art. 144)
11. Violation of parliamentary immunity. (Art. 145)
12. Illegal assemblies. (Art. 146)
13. Illegal associations. (Art. 147)
14. Direct assaults. (Art. 148)
15. Indirect assaults. (Art. 149)
16. Disobedience to summons issued by Congress, its committees, etc., by the constitutional commissions, its
committees, etc. (Art. 150)
17. Resistance and disobedience to a person in authority or the agents of such person. (Art. 151) 1
18. Tumults and other disturbances of public order. (Art. 153) 85 CRIMES AGAINST PUBLIC ORDER
19. Unlawful use of means of publication and unlawful utterances. (Art. 154)
20. Alarms and scandals. (Art. 155)
21. Delivering prisoners from jails. (Art. 156)
22. Evasion of service of sentence. (Art. 157)
23. Evasion on occasion of disorders. (Art. 158)
24. Violation of conditional pardon. (Art. 159)
25. Commission of another crime during service of penalty imposed for another previous offense. (Art. 160)

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; or
b. to deprive the Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives.

Example: A group of men numbering 100 rising publicly and taking arms against the government for purposes
of overthrowing the Philippine government are liable for the crime of rebellion.

Take note:

1. In the crime of rebellion, rising publicly and taking arms against the government is the normative element, while
the intent or purpose to overthrow the government is the subjective element.

2. In order for rebellion to exist the law requires that there be a public uprising and taking up of arms against the
government.

3. The crime of rebellion or inciting it is by nature a crime of masses of a multilatitude. The word rebellion evokes
not merely a challenge to the constituted authorities, but also civil war on a bigger or lesser scale.

4. In order to constitute rebellion, the purpose which is to overthrow the government must be shown.

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5. Rebellion is considered terrorism if the act is attended by a condition of widespread and 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. (Sec. 3 R.A 9372 or the Human Security Act of 2007)

Note: that the Anti-Terrorism Law of 2020 repealed the human security act of 2007.

Rebellion distinguished from treason.

(a) The levying of war against the Government would constitute treason when performed to aid the enemy. It
would also constitute an adherence to the enemy, giving him aid and comfort. (U.S. vs. Lagnason, 3 Phil. 472) The
levying of war against the Government during peace time for any of the purposes mentioned in Art. 134 is
rebellion.

(b) Rebellion always involves taking up arms against the Government; treason may be committed by mere
adherence to the enemy giving him aid or comfort (Reyes, 2017).

Article 134-A. Coup d’ etat

Elements:

1. That the offender is a person or persons belonging to the military or police or holding any public office or
employment;

2. That it is committed by means of a swift attack accompanied by violence, intimidation, threat, strategy or
stealth;

3. That the attack is directed against duly constituted authorities of the Republic of the Philippines, or any military
camp or installation, communication networks, public utilities or other facilities needed for the exercise and
continued possession of power;

4. That the purpose of the attack is to seize or diminish state power.

Article 136. Conspiracy and proposal to commit coup d’etat, rebellion or insurrection.
Elements:

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.

Article 137. Disloyalty of public officers or employees

Elements:

1. That the offender is a public officer or employee

2. That he commits any of the following acts:

a. By failing to resist a rebellion by all means in their power, or

b. By continuing to discharge the duties of their offices under the control of the rebels or
c. By accepting appointment to office under them.

Example: A, a barangay captain continue to discharge the dutues of his office despite being under the control of
the rebels.

Take note:

1. This crime presupposes the existence of rebellion by other persons or that the place is under the control of the
rebels. Hence if there is no actual rebellion this crime cannot be committed.

2. The offender under this article must not be in conspiracy with the rebels otherwise he will be guilty of rebellion
not merely disloyalty.

Penalty : Prision correctional in its minimum period.

Article 138. Inciting to rebellion or insurrection

Elements:

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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.

Example: A, a critic of the President X, incites the youth by means of speeches to rise publicly and take up arms
against the government to overthrow the same.

Take note:

1. In both proposal and inciting to rebellion, the crime of rebellion must not be committed by the person to whom
its was propose otherwise, the person who incites or propose to another the commission of the crime of rebellion
becomes principal by inducement to the crime of rebellion.

Inciting to rebellion distinguished from proposal to commit rebellion.

1. 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.

2. 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 (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 part thereof.

Example: Because of fear that he might be lose in the upcoming election against B the incumbent mayor of
town Sawi, A instructed his secretary to contact the Huks so that his rival B would be killed. Agreeing to the
proposal of A’s secretary the Huks numbering 50 men all armed with long riffles proceeded to the town and
successively fired at the residence of B.

Take note:

1. Sedition in its general sense is the raising of commotions or disturbances in the State.

2. In sedition the porpose of the public uprising must for the attainment by force, intimidation, or other means
outside the legal method acts of hate or revenge upon the person or property of a public official.

3. Sedition can be committed by persons who rise publicly and tumultuously. Tumultuous means a disturbance
cause by more than three persons who are armed or provided with means of violence.

4. There can also be a crime of sedition when public officer were prevented from freely exercising their functions.

5. No public uprising no sedition. Likewise, no object of sedition no sedition.

6. Sedition does not absorb other common crimes such as murder, arson and physical injuries.

7. There is conspiracy to commit sedition but there is no proposal to commit sedition.

Penalty: Leader: Prision Mayor, Other participants: Prision correctional in its maximum period.

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Article 142. Inciting to sedition
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.

Article 148. Direct Assault

There are two ways of committing 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.

Elements:

a. That the offender employs force or intimidation.

b. That the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the
objects in the crime of sedition.
c. That there is no public uprising.

Example: A, a candidate for mayoralty post, prevented the holding of the election in a certain precinct by
means of force.

Note that in direct assault of the first form the objective is that of rebellion or sedition but without public uprising.

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 occasion of
such performance.

Elements of the second form of direct assault:

a. That the offender (a) makes an attack, (b) employs force, (c) makes a serious intimidation, or (d) makes a
serious resistance.
b. That the person assaulted is a person in authority or his agent.
c. That at the time of the assault the person in authority or his agent (a) is engaged in the actual
performance of official duties, or that he is assaulted, (b) by reason of the past performance of official
duties.
d. That the offender knows that the one he is assaulting is a person in authority or his agent in the exercise
of his duties.
e. That there is no public uprising.

Example: Hitting a policeman in the breast with a fist is not direct assault (U.S. vs. Tabiana (37 Phil.
515).

Take note: Where the force employed on the agent of a person in authority is of a serious character,
including determination to defy the law and its representative, the crime committed is direct assault.

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