Crimes Against Public Order

Question 1

What are the crimes against public order in Chapter 1?

Answer 1

Article 134 to Article 142

A. Rebellion or Insurrection

B. coup d’etat

C. Conspiracy and proposal to commit A and B

D. Disloyalty of public officers or employees

E. Inciting to Rebellion

F. Sedition

G. Conspiracy to commit sedition

H. Inciting to Sedition

Question 2

What are the elements of Rebellion or Insurrection?

Answer 2

1. That there be :
   a. public uprising and
   b. taking of arms against the Government.
2. Purpose of uprising or movement is either to:
   a. Remove from the allegiance to said Government or it’s laws
   I. The territory of the Philippines or any part thereof
   II. Any body of land, naval or other armed forces

b. Deprive the Chief executive or Congress wholly or partially of their powers or prerogatives

Question 3

What are the distinctions between rebellion and treason?

Answer 3

Rebellion- The uprising is against the government with the purpose of substituting the existing government with another

Treason- Offender levies war against the government by giving aid or comfort to the enemy with the purpose of delivering the government to the enemy

Question 4

What is the distinction between rebellion and insurrection?

Answer 4

Rebellion - The object movement
completely overthrow
supersede the existing government.

Insurrection- The movement seeks merely to effect some change of minor importance,
Or to prevent the exercise of governmental authority with respect to particular matters or subjects.

Question 5

What are the elements of coup d’etat?

Answer 5

A:
1. Offender is a person or persons belonging to the military or police or holding any public office or employment.

2. There be a swift attack accompanied by violence, intimidation, threat, strategy or stealth;
3. The purpose of the attack is seize or diminish State power;
4. 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

Question 6

What is the essence of the crime of coup d’etat?

Answer 6

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.

Question 7

What is the objective of coup d’etat?

Answer 7

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.

Question 8

Who are the principal offender of coup d’etat?

Answer 8

The principal offenders are members of the AFP or of the PNP organization or a public officer with or without civilian support.

Question 9

Who are the persons liable for rebellion, insurrection or coup d’etat?

Answer 9

1. Leader
   a. Any person who promotes, maintains, or heads a rebellion or insurrection.
   b. Any person who leads, directs, or commands others to undertake coup d’etat.
2. Participants
   a. Any person who participates or executes
   the commands of others in rebellion, or
   insurrection.
   b. Any person in the government service
   who participates, or executes directions or commands of others in undertaking a coup d’etat.
   c. Any person not in the government service who participates, supports, finances, abets, or aids in undertaking a coup d’etat.

Question 10

What are the crimes punished under Article 136?

Answer 10

1. Conspiracy to commit coup d’etat
2. Proposal to commit coup d’etat
3. Conspiracy to commit rebellion or insurrection 4. Proposal to commit rebellion or insurredtion

Question 11

When is there conspiracy to commit coup d’etat?

Answer 11

When two or more persons belonging to the military or police or holding any public office or employment come to an agreement to seize or diminish State power through a swift attack accompanied by violence, intimidation, threat, strategy or stealth 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 and decide to commit it.

Question 12

When is there proposal to commit coup d’etat?

Answer 12

When the person belonging to the military or police or holding any public office or employment who has decided to seize or diminish State power through a swift attack accompanied by violence, intimidation, threat, strategy or stealth 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 proposes its execution to some other person or persons.

Question 13

When is there conspiracy to commit a rebellion?

Answer 13

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.

Question 14

When can there be proposal to commit rebellion?

Answer 14

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.

Question 15

What are the acts pf disloyalty which are punish by Art. 137?

Answer 15

They are:
1. Failing to resist a rebellion by all the
means in their power.
2. Continuing to discharge the duties of their
offices under the control of the rebels.
3. Accepting appointment to office under
them.

Question 16

What are the elements of inciting to rebellion or Insurrection?

Answer 16

1. Offender does not take arms or is not in open hostility against the Government;
2. He incites others to rise publicly and take arms against the Government for any of the purposes of the rebellion; and
3. The inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end.

Question 17

What are the elements of the crime of sedition?

Answer 17

1. Offenders rise publicly and tumultuously;
2. They employ force, intimidation, or other means outside of legal methods;
3. The offenders employ any of those means to attain any of the following objects or purposes:

a. Prevent the promulgation or execution of
any law or the holding of any popular
election;

b. 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. Inflict any act of hate or revenge upon the 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; 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.

Question 18

Who are liable for sedition, and what are the corresponding penalties?

Answer 18

1. The leader – prision mayor in its minimum period, fine not exceeding Php10,000
2. Other persons participating in the sedition –prision correccional in its maximum period, fine not exceeding Php5,000

Question 19

When is there conspiracy to commit sedition?

Answer 19

When two or more persons come to an agreement to rise publicly and tumultuously to attain any of the objects specified in Art. 139 and they decide to commit it

Question 20

What are the different acts of inciting to sedition?

Answer 20

They are:
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.

Question 21

When are uttering seditious words/speeches and writing, publishing or circulating scurrilous libels punishable?

Answer 21

A: Such are seditious when they:
1. Tend to disturb or obstruct any lawful
officer in executing the functions of his
office
2. Tend to instigate others to cabal and
meet together for unlawful purposes
3. Suggest or incite rebellious conspiracies
or riots
4. Lead or tend to stir up the whole people
against the lawful authorities or to disturb the peace of the community, the safety and order of the Government

Question 22

What is the difference between rebellion and insurrection?

Answer 22

Rebellion- object of the movement is to overthrow and supersede the existing government

Insurrection-seek to effect some change of minor importance

Question 23

Can rebellion be complexed with common crimes?

Answer 23

GR: Only one crime [even if common crimes are punishable under special law]

XPN: if the others acts are for private purposes of profit without any political motivation, accused may be separately punished and would such act will not be absorb for the crime of rebellion.

Question 24

Rebellion vs Treason

Answer 24

Rebellion- uprising against the government for the purpose of substituting the existing government with another

Treasons- levying war done to aid the enemy. For the purpose of delivering the government to the enemy