MODULE: Criminal Law: Book II

Chapter IV
Crimes Against
Public Order

At the end of this chapter the student should be able to:

• Understand the Specific crimes and their elements

• Recognize crimes against public order.

Rebellion or Insurrection (Article 134)

The elements of the crime of rebellion or insurrection, as defined in

Article 134 of the Revised Penal Code are: (1) That there is a public uprising
and taking arms against the Government; (2) That the purpose of uprising or
movement is – (a) to remove from allegiance to said Government or its laws, the
territory of the Republic of the Philippines or any part thereof, of any body of
land, naval or other armed forces, or (b) to deprive the Chief Executive or the
Legislature, wholly or partially, of any of their powers or prerogatives.

Offenses which were not committed in

furtherance of the rebellion, but for
personal reasons or other motives, are to
be punished separately even if committed
simultaneously with the rebellious acts.
(People v. Oliva, G.R. No. 106826, January 18,
2001, 341 SCRA 78)

Rebellion or Insurrection is now considered as Act of Terrorism under

R.A. No. 9372.

Page 1 of 6
MODULE: Criminal Law: Book II
Coup d’etat (Article 134-A)

The elements of the crime are: (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 the 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.

Coup d’etat is now considered as an act of terrorism under R.A. No. 9372.

Conspiracy and Proposal to commit Coup d’etat, Rebellion or Insurrection

(Article 136)

The elements of the crime of conspiracy to commit coup d’etat, Rebellion

or Insurrection are: (1) That two or more persons come to an agreement to
swiftly attack or to rise publicly and take arms against the Government for any
of the purposes of rebellion or insurrection; (2) That they decide to commit it.

On the other hand, the crime of proposal to commit coup d’etat, rebellion
or insurrection has the following elements: (1) That a person has decided to
swiftly attack or to rise publicly and take arms against the Government for any
of the purposes of rebellion or insurrection; (2) That such person proposes its
execution to some other person or persons.

Sedition (Article 139)

The elements of sedition are: (1) That the offenders rise publicly and
tumultuously; (2) That the offenders employ force, intimidation, or by other
means outside of legal methods; (3) That the purpose is 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

Page 2 of 6
MODULE: Criminal Law: Book II
administrative order; (c) to inflict any act of hate or revenge upon the person or
property of any public officer of employee; (d) to commit, for any political or
social end, any person, municipality or province, or the National Government of
all its property or any part thereof.

Conspiracy to commit Sedition (Article 141)

The elements of the crime are: (1) Two or more persons come to an
agreement and a decision to rise publicly and tumultuously attain any of the
objects of sedition; (2) That they decide to commit it.

Inciting to Sedition (Article 142)

The acts punished under Article 142 are:

1. Inciting others to the accomplishment of any of the acts which constitute
sedition, by means of speeches, proclamations, writings, emblems,
cartoons, banners, or other representations tending to the same end;
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, or which tend to disturb
or obstruct any lawful officer in executing the functions of his office, or
which tend to instigate others to cabal and meet together for unlawful
purposes, or which suggest or incite rebellious conspiracies or riots, or
which 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, or who shall knowingly conceal such evil practices.
Common element of the foregoing acts are: (1) That the offender
does not take direct part in the crime of sedition; (2) That he incites
others to the accomplishments of any of the acts which constitutes
sedition; (3) That inciting is done by means of speeches, proclamations,
writings, emblems, cartoons, banners, or other representations.

Direct Assaults (Article 148)

The acts punished under Article148 and their respective elements are:

Page 3 of 6
MODULE: Criminal Law: Book II
1. Without a public uprising, by employing force or intimidation for the
attainment of any of the purposes enumerated in defining the crimes of
rebellion and sedition: (a) That the offender employs force or intimidation;
(b) That the aim of the offender is to attain in any of the purposes of the
crime of rebellion or any of the objects of the crime of sedition; (c) That
there is no public uprising.
2. Without a public uprising, by attacking, by employing force, or by
seriously intimidating or resisting any person in authority or any of his
agents, while engaged in the performance of official duties, or on occasion
of such performance: (a) That the offender makes an attack, employs
force, makes a serious intimidation, or 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 is engaged in
the actual 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.

There may be assault even if both offended

party and the offender are public officers
(See US v. Vallejo, 11 Phil. 193)

Indirect Assaults (Article 149)

The elements of indirect assaults are: (1) That the person in authority or
his agent is a victim of any of the forms of direct assault defined in Article 148;
(2) That a person comes to the aid of such authority or his agent; (3) That the
offender make use of force or intimidation upon such person coming to the aid of
the authority or his agent.

Delivering Prisoners from Jails (Article 156)

The elements of this crime are as follows: (1) That there is a person
confined in a jail or penal establishment; (2) That the offender removes
therefrom such person, or helps the escape of such person.

Page 4 of 6
MODULE: Criminal Law: Book II
Evasion of Service of Sentence (Article 157)

The elements of the crime of Evasion of Service of Sentence are thus: (1)
That the offender is a convict by final judgment; (2) That he “is serving his
sentence which consists in deprivation of liberty”; and (3) That he evades
service of sentence by escaping during the term of his sentence.

By the express terms of the statute, a

convict evades “service of his sentence” by
“escaping judgment.” Indeed, evasion of
sentence is but another expression of the
term “jail breaking” (Pangan v. Gatbalite,
et al., G.R. 141718, Jan. 21, 2005)

If the penalty is destierro, Article 157 may be applied because destierro

involves partial deprivation of liberty. (See People v. Alilong, 82 Phil. 174)

Quasi-Recidivism (Article 160)

Its elements are: (1) That the offender was already convicted by final
judgment of one offense; (2) That he committed a new felony before beginning
to serve such sentence or while serving the same.

Quasi-recidivism is a special aggravating

circumstances where a person, after
having been convicted by final judgment,
shall commit a new felony before beginning
to service the same, which requires
imposition of punishment by maximum
period of the penalty prescribed by law for
the new felony. (See People v. Kintuan, 156
SCRA 195)

It is an aggravating circumstance which cannot be offset by any Mitigating

Circumstances. (See People v Perte, 58 O.G. 8688)

Page 5 of 6
MODULE: Criminal Law: Book II

Reference:
The Revised Penal Code: Book II
Specific Crimes and Their Elements
Atty. Victor T. Tulalian

Page 6 of 6