Crimes Against Public Order

Question 1

How is Art. 134. “Rebellion or Insurrection” committed?

Answer 1

It is committed by RISING PUBLICLY and TAKING UP ARMS against the Government.

Question 2

What are the PURPOSES of Rebellion?

Answer 2

1. Removing from the allegiance to said Government or its laws,
   A. The territory of the Republic of the Philippines or any part thereof, or
   B. Any body of land, naval or other armed forces.
2. Depriving either the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives.

Question 3

What is Art. 134-A. “Coup d’état” and how is it committed?

Answer 3

It is a SWIFT ATTACK accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communications networks, public utilities or other facilities needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in the Philippines by any person or persons, belonging to the military or police or holding any public office or employment, with or without civilian support or participation, for the purpose of seizing or diminishing state power.

Question 4

Who are liable in Rebellion or Insurrection?

Answer 4

1. The person who promotes, maintains or heads a rebellion or insurrection.
2. The person merely participating or executing the commands of others in rebellion or insurrection.

Question 5

Who are liable in Coup d’état?

Answer 5

1. The person who leans or in any manner directs or commands others to undertake a coup d’état.
2. Any person in the government service who participates or in any manner supports finances, abets or aids in undertaking a coup d’état.

Question 6

How is Art.137. “Disloyalty of Public Officers or Employees” committed?

Answer 6

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.
3. By accepting appointment to office under them.

Question 7

How is “Inciting” done in regards to Rebellion or Insurrection, or Sedition?

Answer 7

It is done by means speeches, proclamations, writings, emblems, banners or other representations tending to the same end.

Question 8

What is Sedition and how is committed according to Art. 139?

Answer 8

It is the raising of commotions or disturbances in the State.

It is committed by persons who rise publicly and tumultuously in order to attain by force, intimidation, or by other means outside of legal methods.

Question 9

Who are liable for Sedition?

Answer 9

1. The leader.

2. Other persons participating therein.