VALLE, RHEYLYN MAE H.

CLJ 4. CRIMINAL LAW (BOOK 2)

1. WHAT ARE THE ELEMENTS OF REBELLION?

ELEMENTS OF REBELLION:
1. There be;
A. Public uprising, and
B. Taking arms against government.
2. PURPOSE UPRISING OR MOVEMENT IS EITHER TO;
I. Remove from the allegiance to said government or its laws.
A. The territory of the Philippines or any part thereof; or
B. Any body of land, naval or other armed forces; or
II. Deprive the chief executive or congress, wholly or partially, of any of their powers
or prerogative.

2. IS THERE A NEED FOR PUBLIC UPRISING TO CONSTITUTE REBELLION?

 Yes, there must be a public uprising to constitute rebellion since it was
stated in (Art. 134).
3. CAN COUP D’ ETAT HAPPEN WITHOUT CIVILIAN PARTICIPATION?
 Yes, Coup d’ etat happen without civilian participation. As stated in (Art.
134-A), Coup d etat happen with or without civilian support or
participation for the purpose of seizing or deminishing state power.
4. WHAT ARE THE ELEMENTS OF COUP D’ ETAT?
 Offender is a person or persons belonging to military or police or
holding any public office or employment.
 It is committed by means of a swift attack accompanied by violence,
intimidation, threat, strategy or stealth.
 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.
 Purpose of the attack is to seize or deminish state power.
5. WHAT ARE THE ELEMENTS OF SEDITION?
I. Offender rise;
A . Publicly, and
B. Tumultuously

II. They employ force, intimidation or other means outside of legal methods.

III. Offenders employ any of those means to attain any of the following objects to:

A . Prevent the promulgation or execution of any law or the holding of any popular
election.
 B. Prevent the national government , or any public officer from freely exercising its or
his functions, or prevent the execution of any administrative orders.

C. Inflicting any act of hate or revenge of any person or property of any public officer
or employee.

D. Commit, for any political or social end, any act of hate or revenge against private
persons or any social class.

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.

6. IS AN ACT OF INFLICTING HATE OR REVENGE OF PUBLIC OFFICERS CONSIDERED AS

SEDITION?

*Yes, an act inflicting hate or revenge of public officers considered as “Sedition”

(Art.139).

7.

8. MAY AN ACT OF VIOLATION OF ART. 151 OF THE REVISED PENAL CODE BE JUSTIFIED? GIVE
EXAMPLE.

* Article 151 of the RPC punishes unjustifiable disobedience of lawful orders of

Persons in Authority or their Agents. It is important to note that Article 151 actually penalizes
two (2) kinds of disobedience: (a) Serious Disobedience; and (b) Simple Disobedience. The
difference between the two lies in the gravity of the disobedience. What is serious, in turn,
will depend on the circumstances surrounding the offense. On the otherhand to be liable
under Article 151 of the RPC, the law states that the Person in Authority or his/her Agent
must be engaged in the performance of his/her duties and the Accused must have
unjustifiably resisted or disobeyed the lawful order of the said person knowing that he or she
is a person in authority or an agent of a person in authority. The distinction above is
significant as it serves to separate the offense from other kinds of disobedience, such as when
a person in authority issues an order in his/her personal capacity or when the agent of a
person in authority issues an unlawful order.For example (In Sydeco vs. People, G.R. No.
202692, 12 November 2014, and People vs. Breis and Yumol, G.R. No. 205823, 17 August
2015)

9. DIFFERENCE BETWEEN DIRECT ASSAULT AND INDIRECT ASSAULT.

 *Under(Art. 148) the crime of “Direct assault” is committed by any persons who, without
public uprising, shall employ force or intimidation for the attainment of any of the purposes enumerated
in defining the crimes of rebellion and sedition, or shall attack, employ force, or seriously intimidate or
resist any person in authority of any or his agents, while engaged in the performance of official duties or
on occasion of such performance. While, Under (Art.149) the crime of “Indirect Assault” is committed by
any person who shall make use of force or intimidation upon any person coming to the aid of the
authorities or their agents on occasion of the commission of direct asaault.