SUPREME COURT REPORTS ANNOTATED

Rebellion

ANNOTATION

I. Nature of the crime of Rebellion

Rebellion is a crime of the masses. It requires a multitude of

people. It is a vast movement of men and a complex network of
intrigues and plots.

II. Elements of Rebellion

Article 134 of the Revised Penal Code provides:
A. That there be:
1. Public uprising
2. Taking of arms against the Government; and
B. That the purpose is either:
1. Removing from the allegiance to said Government or its
laws;
i. The territory of the Philippines, or any part thereof; or
ii. Any body of land, naval or other armed forces; or
2. Depriving wholly or partially, any of the powers or
prerogatives of the:
i. Chief Executive; or
ii. Congress

III. Essence of the crime of Rebellion

The essence of rebellion is public uprising and the taking
of arms for the purpose of overthrowing the Government by force
although it is not necessary that the rebels succeed in overthrowing
the Government. It is generally carried out by civilians.

IV. Rebellion cannot be complexed with common crimes

Being within the purview of “engaging in war” and

“committing serious violence,” said resort to arms, with the
resulting impairment or destruction of life and property, constitutes
not two or more offense, but only one crime that of rebellion plain
and simple (People v. Hernandez et al., G.R. No. L-6025-26, July
18, 1956).

V. Acts and omissions not deemed as Rebellious

Giving aid and comfort is not criminal in rebellion
(Carino v. People, G.R. No. L-14752, April 30,1963).
 SUPREME COURT REPORTS ANNOTATED

Mere silence regarding the presence of rebels despite

knowledge of rebellion is not punishable (U.S. v. Ravidas, G.R.
No. 1503, March 14, 1905).

VI. Theory of Absorption in Rebellion

If common crimes like homicide, murder, physical

injuries, and arson have been committed in furtherance of, or in
connection with rebellion, then it is considered as absorbed in the
crime of rebellion. But before these common crimes can be
absorbed, it is necessary that there is evidence to show that these
common crimes has promoted or espoused the ideals of rebels.
Absent this, it cannot be absorbed in the crime of rebellion.
 SUPREME COURT REPORTS ANNOTATED

Coup D’etat

ANNOTATION

I. Elements of Coup D’etat

Article 134-A of the Revised Penal Code provides:
A. Offender is a person or persons belonging to the military or
police or holding any public office or employment;
B. There be a swift attack accompanied by violence, intimidation,
threat, strategy or stealth;
C. The purpose of the attack is seize or diminish State power; and
D. 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.

II. Essence of the crime of Coup D’etat

The essence of the crime is a swift attack upon the facilities

of the Philippine government, military camps and installations,
communication networks, public utilities and facilities essential to
the continued possession of governmental powers.

III. Objective of Coup D’etat

The objective of coup d’etat is to destabilize or paralyze the

government through the seizure of facilities and utilities essential
to the continued possession and exercise of governmental powers.

IV. Principal offenders of Coup D’etat

The principal offenders are members of the AFP or of the

PNP organization or a public officer with or without civilian
support.
 SUPREME COURT REPORTS ANNOTATED

Sedition

ANNOTATION

I. Elements of Sedition
Article 139 of the Revised penal Code provides:
A. Offenders rise (1) publicly and (2) tumultuously;
B. They employ force, intimidation, or other means outside of
legal methods; and
C. The offenders employ any of those means to attain any of the
following objects or purposes:
1. Prevent the promulgation or execution of any law or the
holding of any popular election;
2. 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;
3. Inflict any act of hate or revenge upon the person or
property of any public officer or employee;
4. Commit for any political or social end any act of hate or
revenge against private persons or any social class; and e.
Despoil, for any political or social end, any person,
municipality or province, or the National Government of
all its property or any part thereof.

Participants must at least be four (4) in numbers.

II. Nature of Sedition

It is a violation of the public peace or at least such a
course of measures as evidently engenders it, yet it does not aim at
direct and open violence against the laws, or the subversion of the
Constitution. It is an offense not directed primarily against
individuals but to the general public peace; it is the raising of
commotions or disturbances in the State, a revolt against legitimate
authority (People v. Perez, G.R. No. L-21049, December 22,
1923).
III. Sedition does not contemplate rising up of arms against
Government

The purpose of the offenders in rising publicly is merely to

create commotion and disturbance by way of protest to express
 SUPREME COURT REPORTS ANNOTATED

their dissent and disobedience to the government or to the

authorities concerned.

The objective of sedition is not always against the

government, its property or officer. It could be against a private
person or social class.

IV. “Tumultuous”

The disturbance or interruption shall be deemed to be

tumultuous if caused by more than three persons who are armed or
provided with means of violence (Art. 153, RPC).

V. Crime committed if there is no public uprising

If the purpose of the offenders is to attain the objects of

sedition by force or violence, but there is no public uprising, the
crime committed is direct assault.

VI. Conspiracy to commit Sedition

There is conspiracy to commit sedition when two or more

persons come to an agreement to rise publicly and tumultuously to
attain any of the objects specified in Art. 139 of the Revised Penal
Code and they decide to commit it.

There is no crime of proposal to commit sedition; only

conspiracy is punished and not proposal to commit sedition.
 SUPREME COURT REPORTS ANNOTATED

Disloyalty of Public Officers/Employees

ANNOTATION

I. Punishable acts of disloyalty

A. Failing to resist a rebellion by all the means in their power;
B. Continuing to discharge the duties of their offices under the
control of the rebels; and
C. Accepting appointment to office under them.

The crime presupposes the existence of rebellion, but the

offender under this article must not be in conspiracy with the
rebels; otherwise, he will be guilty of rebellion, as the act of one is
the act of all.