CRIMES AGAINST PUBLIC ORDER Flashcards
What are the elements of rebellion?
- Rising publicly and taking arms against the Government
- For purpose of removing from Phil. allegiance the territory of the Philippines (or any part thereof or naval/armed forces), depriving the President or Congress of any of its powers or prerogatives
Distinguish rebellion from insurrection:
o Rebellion – overthrow government and supersede it
o Insurrection – minor change as to certain matters in government or to prevent exercise of government authority as to certain matters
Is rebellion a continuing crime?
Yes. SC declared that rebellion is by nature, a continuing offense, which differentiates it from other offenses. It may be committed by a single or a series of acts for achieving any or all of the purposes stated in the RPC provision.
May there be frustrated rebellion?
No. When the intent + overt acts are present, the crime is consummated. There is no need to achieve the goal
Can there be a complex crime of terrorism with rebellion?
No. Rebellion is simply a predicate crime of terrorism.
Elements of coup d’etat?
o 1. Swift attack accompanied by any of the modes below,
o 2. Against:
A. Duly constituted authorities of the Philippines
B. Any military camp or installation, communications network, public utilities/facilities for exercise of power
o 3. Carried out by military or police or public officers
With or without civilian support
o 4. To seize or diminish State power
What are the modes by which coup can be committed?
Violence, intimidation, threat, strategy, stealth + swift attack
Is rape absorbed by coup?
No. Rape cannot be absorbed, because it does not help forward the power of diminishing power
there a frustrated crime of coup d’etat?
No. The moment there is intent + swift attack, the crime is consummated, even if the purpose is not achieved.
Is CONSPIRACY AND PROPOSAL TO COMMIT REBELLION, INSURRECTION, OR COUP punishable?
Yes. Art. 136
