Crimes Against Public Order

Manuel S.
Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University
LESSON 3:
CRIMES AGAINST PUBLIC
ORDER
CJL3 – CRIMINAL LAW BOOK 2
ATTY. ROLANDO R. RECTO

INSTRUCTOR, CCJC
Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
Article 134. Rebellion or Insurrection

Elements
1. There is a public uprising and taking up arms
against the government;
2. The purpose of the uprising or movement is –
a. to remove from the allegiance to the government or
its laws Philippine territory or any part thereof, or
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.
Rebellion vs. Insurrection

Rebellion and insurrection are not synonymous.
Rebellion is more frequently used where the object of the
movement is completely to overthrow and supersede the
existing government; while insurrection is more
commonly employed in reference to a movement which
seeks merely to effect some change of minor importance,
or to prevent the exercise of governmental authority with
respect to particular matters of subjects (Reyes, citing 30
Am. Jr. 1).
Distinctions between rebellion and sedition

(1) As to nature
In rebellion, there must be taking up or arms against the government.
In sedition, it is sufficient that the public uprising be tumultuous.
(2) As to purpose
In rebellion, the purpose is always political.
In sedition, the purpose may be political or social. Example: the uprising of
squatters against Forbes park residents. The purpose in sedition is to go
against established government, not to overthrow it.
Art. 134-A. Coup d’etat

Elements
1. Offender is a person or persons belonging to the military or police or
holding any public office or employment;
2. It is committed by means of a swift attack accompanied by violence,
intimidation, threat, strategy or stealth;
3. 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. The purpose of the attack is to seize or diminish state power.
Persons liable for rebellion, insurrection or coup

d' etat under Article 135
1. The leaders –
a. Any person who promotes, maintains or heads a rebellion or insurrection; or
b. Any person who leads, directs or commands others to undertake a coup d' etat;
2. The participants –
a. Any person who participates or executes the commands of others in rebellion,
insurrection or coup d' etat;
b. Any person not in the government service who participates, supports, finances,
abets or aids in undertaking a coup d' etat.
Article 136. Conspiracy and Proposal to Commit

Coup d' etat, Rebellion or Insurrection
Conspiracy and proposal to commit
rebellion are two different crimes, namely:
1. Conspiracy to commit rebellion; and
2. Proposal to commit rebellion.
Article 137. Disloyalty of Public Officers or

Employees
Acts punished
1. By failing to resist a rebellion by all the means in their power;
2. By continuing to discharge the duties of their offices under the
control of the rebels; or
3. By accepting appointment to office under them.
Offender must be a public officer or employee.

Article 138. Inciting to Rebellion or Insurrection

Elements
1. Offender does not take arms or is not in open hostility
against the government;
2. He incites others to the execution of any of the acts of
rebellion;
3. The inciting is done by means of speeches, proclamations,
writings, emblems, banners or other representations tending to
the same end.
Distinction between inciting to rebellion and

proposal to commit rebellion
1. In both crimes, offender induces another to commit
rebellion.
2. 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.
3. 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.
Art. 139. SEDITION

Elements
1. Offenders rise publicly and tumultuously;
2. Offenders employ force, intimidation, or other means outside of legal
methods;
3. Purpose is to attain any of the following objects:
 To prevent the promulgation or execution of any law or the holding of any popular
election;
 To prevent the national government or any provincial or municipal government, or
any public officer from exercising its or his functions or prevent the execution of
an administrative order;
• To inflict any act of hate or revenge upon the person or property of any
public officer or employee;
• To commit, for any political or social end, any act of hate or revenge
against private persons or any social classes;
• 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.
Persons liable for sedition under Article 140

1. The leader of the sedition; and
2. Other person participating in the sedition.
Article 141. Conspiracy to Commit Sedition

In this crime, there must be an agreement and
a decision to rise publicly and tumultuously to
attain any of the objects of sedition.
There is no proposal to commit sedition.

Article 142. Inciting to Sedition

Acts punished
1. Inciting others to the accomplishment of any of the acts
which constitute sedition by means of speeches, proclamations,
writings, emblems, 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.
Elements of Inciting to Sedition

Elements
• Offender does not take direct part in the crime of
sedition;
• He incites others to the accomplishment of any of the
acts which constitute sedition; and
• Inciting is done by means of speeches, proclamations,
writings, emblems, cartoons, banners, or other
representations tending towards the same end.
Article 143. Acts Tending to Prevent the Meeting of

the Congress of the Philippines and Similar Bodies
Elements
1. There is a projected or actual meeting of Congress or any of
its committees or subcommittees, constitutional committees or
divisions thereof, or of any provincial board or city or municipal
council or board;
2. Offender, who may be any person, prevents such meetings
by force or fraud.
Article 144. Disturbance of Proceedings

Elements
1. There is a meeting of Congress or any of its committees or
subcommittees, constitutional commissions or committees or
divisions thereof, or of any provincial board or city or municipal
council or board;
2. 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.
Manner of Commission
Acts punished
1. Using force, intimidation, threats, or frauds to prevent any
member of Congress from attending the meetings of Congress
or of any of its committees or subcommittees, constitutional
commissions or committees or divisions thereof, or from
expressing his opinion or casting his vote;
Elements
1. Offender uses force, intimidation, threats or fraud;
2. The purpose of the offender is to prevent any member of
Congress from –
a. attending the meetings of the Congress or of any of its
committees or constitutional commissions, etc.;
b. expressing his opinion; or
c. casting his vote.
2. Arresting or searching any member thereof while Congress is in

regular or special session, except in case such member has
committed a crime punishable under the Code by a penalty higher
than prision mayor.
Elements
1. Offender is a public officer of employee;
2. He arrests or searches any member of Congress;
3. Congress, at the time of arrest or search, is in regular or special
session;
4. The member arrested or searched has not committed a crime
punishable under the Code by a penalty higher than prision
mayor.
Art. 146. ILLEGAL ASSEMBLIES

Acts punished
1. Any meeting attended by armed persons for the purpose of
committing any of the crimes punishable under the Code;
Elements
• There is a meeting, a gathering or group of persons, whether in fixed
place or moving;
• The meeting is attended by armed persons;
• The purpose of the meeting is to commit any of the crimes
punishable under the Code.
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 person in authority or
his agents.
• There is a meeting, a gathering or group of persons, whether in
a fixed place or moving;
• The audience, whether armed or not, is incited to the
commission of the crime of treason, rebellion or insurrection,
sedition or direct assault.
Persons liable for illegal assembly

1. The organizer or leaders of the meeting;
2. Persons merely present at the meeting, who
must have a common intent to commit the
felony of illegal assembly.
Two forms of illegal assembly
(1) No attendance of armed men, but persons in the meeting

are incited to commit treason, rebellion or insurrection, sedition
or assault upon a person in authority. When the illegal purpose
of the gathering is to incite people to commit the crimes
mentioned above, the presence of armed men is unnecessary.
The mere gathering for the purpose is sufficient to bring about
the crime already.
(2) Armed men attending the gathering – If the illegal purpose
is other than those mentioned above, the presence of armed
men during the gathering brings about the crime of illegal
assembly.
Art. 147. Illegal Association

1. Associations totally or partially organized for the
purpose of committing any of the crimes punishable
under the Code;
2. Associations totally or partially organized for some
purpose contrary to public morals.
Persons liable
1. Founders, directors and president of the association;
2. Mere members of the association.
Article 148. Direct Assault

Acts punished
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
1. Offender employs force or intimidation;
2. The aim of the offender is to attain any of the purposes of the
crime of rebellion or any of the objects of the crime of sedition;
3. There is no public uprising.
2. Without public uprising, by attacking, by employing force or by seriously intimidating or by

seriously resisting any person in authority or any of his agents, while engaged in the
performance of official duties, or on occasion of such performance.
Elements
1.Offender makes an attack, employs force, makes a serious intimidation, or makes a serious
resistance;
2.The person assaulted is a person in authority or his agent;
3.At the time of the assault, the person in authority or his agent is engaged in the actual
performance of official duties, or that he is assaulted by reason of the past performance of
official duties;
4.Offender knows that the one he is assaulting is a person in authority or his agent in the
exercise of his duties.
5.There is no public uprising.
Person in authority is any person directly vested with

jurisdiction, whether as an individual or as a member of some
court or government corporation, board, or commission. A
barangay chairman is deemed a person in authority.
Agent of a person in authority is any person who by direct

provision 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, such as a barangay councilman, barrio policeman,
barangay leader and any person who comes to the aid of a
person in authority.
Article 149. Indirect Assault

Element
1. A PERSON IN AUTHORITY OR HIS AGENT IS THE VICTIM OF ANY OF THE FORMS OF
DIRECT ASSAULT DEFINED IN ARTICLE 148;
2. A PERSON COMES TO THE AID OF SUCH AUTHORITY OR HIS AGENT;
3. OFFENDER MAKES USE OF FORCE OR INTIMIDATION UPON SUCH PERSON COMING
TO THE AID OF THE AUTHORITY OR HIS AGENT.
The victim in indirect assault should be a private person who comes in aid of an agent
of a person in authority. The assault is upon a person who comes in aid of the person
in authority. The victim cannot be the person in authority or his agent.
There is no indirect assault when there is no direct assault.

ARTICLE 150. DISOBEDIENCE TO SUMMONS ISSUED BY CONGRESS, ITS

COMMITTEES OR SUBCOMMITTEES, BY THE CONSTITUTIONAL COMMISSIONS,
ITS COMMITTEES, SUBCOMMITTEES OR DIVISIONS
Acts punished
1.By refusing, without legal excuse, to obey summons of Congress, its special or standing
committees and subcommittees, the Constitutional Commissions and its committees,
subcommittees or divisions, or by any commission or committee chairman or member
authorized to summon witnesses;
2.By refusing to be sworn or placed under affirmation while being before such legislative or
constitutional body or official;
3.By refusing to answer any legal inquiry or to produce any books, papers, documents, or
records in his possession, when required by them to do so in the exercise of their functions;
4.By restraining another from attending as a witness in such legislative or constitutional body;
5.By inducing disobedience to a summons or refusal to be sworn by any such body or official.
ARTICLE 151. RESISTANCE AND DISOBEDIENCE TO A

PERSON IN AUTHORITY OR THE AGENTS OF SUCH PERSON
Elements of resistance and serious disobedience under the first
paragraph
1. A person in authority or his agent is engaged in the performance
of official duty or gives a lawful order to the offender;
2. Offender resists or seriously disobeys such person in authority or
his agent;
3. The act of the offender is not included in the provision of Articles
148, 149 and 150.
Elements of simple disobedience under the

second paragraph
1. An agent of a person in authority is engaged in the
performance of official duty or gives a lawful order to
the offender;
2. Offender disobeys such agent of a person in authority;
3. Such disobedience is not of a serious nature.
Distinction between resistance or serious

disobedience and direct assault
1. In resistance, the person in authority or his agent must be in actual
performance of his duties.
In direct assault, the person in authority or his agent must be engaged in the
performance of official duties or that he is assaulted by reason thereof.
2. Resistance or serious disobedience is committed only by resisting or seriously
disobeying a person in authority or his agent.
Direct assault (the second form) is committed in four ways, that is, (1) by
attacking, (2) by employing force, (3) by seriously intimidating, and (4) by
seriously resisting a persons in authority or his agent.
Distinction between resistance or serious

disobedience and direct assault
In both resistance against an agent of a person in authority and direct
assault by resisting an agent of a person in authority, there is force
employed, but the use of force in resistance is not so serious, as there is
no manifest intention to defy the law and the officers enforcing it.
The attack or employment of force which gives rise to the crime of direct
assault must be serious and deliberate; otherwise, even a case of simple
resistance to an arrest, which always requires the use of force of some
kind, would constitute direct assault and the lesser offense of resistance
or disobedience in Article 151 would entirely disappear.
But when the one resisted is a person in authority, the use

of any kind or degree of force will give rise to direct
assault.
If no force is employed by the offender in resisting or

disobeying a person in authority, the crime committed is
resistance or serious disobedience under the first
paragraph of Article 151.
Examples of persons in authority

1. Municipal mayor;
2. Division superintendent of schools;
3. Public and private school teachers;
4. Teacher-nurse;
5. President of sanitary division;
6. Provincial fiscal;
7. Justice of the Peace;
8. Municipal councilor;
9. Barrio captain and barangay chairman
ARTICLE 153. TUMULTS AND OTHER

DISTURBANCES OF PUBLIC ORDER
ACTS PUNISHED
1.Causing any serious disturbance in a public place, office or establishment;
2.Interrupting or disturbing performances, functions or gatherings, or peaceful
meetings, if the act is not included in articles 131 and 132;
3.Making any outcry tending to incite rebellion or sedition in any meeting,
association or public place;
4.Displaying placards or emblems which provoke a disturbance of public order in
such place;
5.Burying with pomp the body of a person who has been legally executed.
Article 154. Unlawful Use of Means of Publication and

Unlawful Utterances
Acts punished
1.Publishing or causing to be published, by means of printing, lithography or any other means
of publication, as news any false news which may endanger the public order; or cause
damage to the interest or credit of the State;
2.Encouraging disobedience to the law or to the constituted authorities or praising, justifying
or extolling any act punished by law, by the same means or by words, utterances or
speeches;
3.Maliciously publishing or causing to be published any official resolution or document without
proper authority, or before they have been published officially;
4.Printing, publishing or distributing (or causing the same) books, pamphlets, periodicals, or
leaflets which do not bear the real printer’s name, or which are classified as anonymous.
ARTICLE 155. ALARMS AND SCANDALS

Acts punished
1. Discharging any firearm, rocket, firecracker, or other explosive within
any town or public place, calculated to cause (which produces) alarm
of danger;
2. Instigating or taking an active part in any charivari or other disorderly
meeting offensive to another or prejudicial to public tranquility;
3. Disturbing the public peace while wandering about at night or while
engaged in any other nocturnal amusements;
4. Causing any disturbance or scandal in public places while intoxicated or
otherwise, provided Article 153 in not applicable.
Charivari is a mock serenade wherein the supposed

serenaders use broken cans, broken pots, bottles or other
utensils thereby creating discordant notes. Actually, it is
producing noise, not music and so it also disturbs public
tranquility. Understand the nature of the crime of alarms
and scandals as one that disturbs public tranquility or
public peace. If the annoyance is intended for a particular
person, the crime is unjust vexation.
Article 156. Delivering Prisoners from Jail

Elements
1. There is a person confined in a jail or penal establishment;
2. Offender removes therefrom such person, or helps the escape of such
person.
• Penalty of arresto mayor in its maximum period to prision correccional in its
minimum period is imposed if violence, intimidation or bribery is used.
• Penalty of arresto mayor if other means are used.
• Penalty decreased to the minimum period if the escape of the prisoner shall
take place outside of said establishments by taking the guards by surprise.
ARTICLE 157. EVASION OF SERVICE OF SENTENCE

Elements
1. Offender is a convict by final judgment;
2. He is serving sentence which consists in the
deprivation of liberty;
3. He evades service of his sentence by escaping
during the term of his imprisonment.
Qualifying circumstances as to penalty imposed

If such evasion or escape takes place –
1. By means of unlawful entry (this should be “by scaling” -
Reyes);
2. By breaking doors, windows, gates, walls, roofs or floors;
3. By using picklock, false keys, disguise, deceit, violence or
intimidation; or
4. Through connivance with other convicts or employees of the
penal institution.
Evasion of service of sentence has three forms:

1. By simply leaving or escaping from the penal establishment
under Article 157;
2. Failure to return within 48 hours after having left the penal
establishment because of a calamity, conflagration or
mutiny and such calamity, conflagration or mutiny has been
announced as already passed under Article 158;
3. Violating the condition of conditional pardon under Article
159.
Article 158. Evasion of Service of Sentence on the Occasion of

Disorders, Conflagrations, Earthquakes, or Other Calamities
Elements
1. Offender is a convict by final judgment, who is confined in a penal institution;
2. There is disorder, resulting from conflagration; earthquake; explosion; or
similar catastrophe; or mutiny in which he has not participated;
3. He evades the service of his sentence by leaving the penal institution where
he is confined, on the occasion of such disorder or during the mutiny;
4. He fails to give himself up to the authorities within 48 hours following the
issuance of a proclamation by the Chief Executive announcing the passing
away of such calamity.
Article 159. Other Cases of Evasion of Service of

Sentence
Elements of violation of conditional pardon
1. Offender was a convict;
2. He was granted pardon by the Chief Executive;
3. He violated any of the conditions of such
pardon.
Article 160. Commission of Another Crime During Service

of Penalty Imposed for Another Previous Offense
Elements
1. Offender was already convicted by final judgment of
one offense;
2. He committed a new felony before beginning to serve
such sentence or while serving the same.

Crimes Against Public Order

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Manuel S.

ATTY. ROLANDO R. RECTO

Article 134. Rebellion or Insurrection

Rebellion vs. Insurrection

Distinctions between rebellion and sedition

Art. 134-A. Coup d’etat

Persons liable for rebellion, insurrection or coup

Article 136. Conspiracy and Proposal to Commit

Article 137. Disloyalty of Public Officers or

Offender must be a public officer or employee.

Article 138. Inciting to Rebellion or Insurrection

Distinction between inciting to rebellion and

Art. 139. SEDITION

Persons liable for sedition under Article 140

Article 141. Conspiracy to Commit Sedition

There is no proposal to commit sedition.

Article 142. Inciting to Sedition

Elements of Inciting to Sedition

Article 143. Acts Tending to Prevent the Meeting of

Article 144. Disturbance of Proceedings

2. Arresting or searching any member thereof while Congress is in

Art. 146. ILLEGAL ASSEMBLIES

2. Any meeting in which the audience, whether armed or not, is

Persons liable for illegal assembly

(1) No attendance of armed men, but persons in the meeting

Art. 147. Illegal Association

Article 148. Direct Assault

2. Without public uprising, by attacking, by employing force or by seriously intimidating or by

Person in authority is any person directly vested with

Agent of a person in authority is any person who by direct

Article 149. Indirect Assault

There is no indirect assault when there is no direct assault.

ARTICLE 150. DISOBEDIENCE TO SUMMONS ISSUED BY CONGRESS, ITS

ARTICLE 151. RESISTANCE AND DISOBEDIENCE TO A

Elements of simple disobedience under the

Distinction between resistance or serious

Distinction between resistance or serious

But when the one resisted is a person in authority, the use

If no force is employed by the offender in resisting or

Examples of persons in authority

ARTICLE 153. TUMULTS AND OTHER

Article 154. Unlawful Use of Means of Publication and

ARTICLE 155. ALARMS AND SCANDALS

Charivari is a mock serenade wherein the supposed

Article 156. Delivering Prisoners from Jail

ARTICLE 157. EVASION OF SERVICE OF SENTENCE

Qualifying circumstances as to penalty imposed

Evasion of service of sentence has three forms:

Article 158. Evasion of Service of Sentence on the Occasion of

Article 159. Other Cases of Evasion of Service of

Article 160. Commission of Another Crime During Service

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