Crimes Against Public Order - Rebellion, Sedition, and Disloyalty

Question 1

Article 134

Rebellion or insurrection

Answer 1

Rebellion or insurrection; How committed. - The crime of rebellion or insurrection is committed by rising publicly and taking arms against the Government for the purpose of removing from the allegiance to said Government or its laws, the territory of the Philippine
Islands or any part thereof, of any body of land, naval or other armed forces, depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or
prerogatives. (As amended by R.A. 6968).

Question 2

Article 134-A

Coup d’etat; How committed

Answer 2

Coup d’etat; How committed. - The crime of coup d’etat 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 network, 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 of employment with or without civilian support or participation for the purpose of seizing or diminishing
state power. (As amended by R.A. 6968).

Question 3

Article 135

Penalty for rebellion, insurrection or coup
d’etat.

Answer 3

Penalty for rebellion, insurrection or coup d’etat. - Any person who promotes, maintains, or heads rebellion or insurrection shall suffer the penalty of reclusion perpetua.
Any person merely participating or executing the commands of others in a rebellion shall suffer the penalty of reclusion temporal. Any person who leads or in any manner directs or
commands others to undertake a coup d’etat shall suffer the penalty of reclusion perpetua.
Any person in the government service who participates, or executes directions or commands of others in undertaking a coup d’etat shall suffer the penalty of prision mayor in its maximum period.
Any person not in the government service who participates, or in any manner supports, finances, abets or aids in undertaking a coup d’etat shall suffer the penalty of reclusion temporal in its maximum period.
When the rebellion, insurrection, or coup d’etat shall be under the command of unknown leaders, any person who in fact directed the others, spoke for them, signed receipts and other documents issued in their name, as performed similar acts, on behalf or the rebels shall be deemed a leader of such a rebellion, insurrection, or coup d’etat. (As amended by R.A. 6968, approved on October 24, 1990).

Question 4

Article 136

Conspiracy and proposal to commit coup
d’etat, rebellion or insurrection

Answer 4

Conspiracy and proposal to commit coup d’etat, rebellion or insurrection. - The conspiracy and proposal to commit coup d’etat shall be punished by prision mayor in minimum period and a fine which shall not exceed One million pesos (P1,000,000)
The conspiracy and proposal to commit rebellion or insurrection shall be punished respectively, by prision correccional in its maximum period and a fine which shall not exceed One million pesos (P1,000,000) and by prision correccional in its medium period and a fine not exceeding Four hundred thousand pesos (P400,000). (As amended by R.A. 6968, approved October 24, 1990).

Question 5

Articl 137

Disloyalty of public officers or employees.

Answer 5

Disloyalty of public officers or employees. - The penalty of prision correccional in its minimum period shall be imposed upon public officers or employees who have failed to resist a rebellion by all the means in their power, or shall continue to discharge the duties of their
offices under the control of the rebels or shall accept appointment to office under them. (Reinstated by E.O. No. 187).

Question 6

Article 138

Inciting a rebellion or insurrection.

Answer 6

Inciting a rebellion or insurrection. - The penalty of prision mayor in its minimum period shall be imposed upon any person who, without taking arms or being in open hostility against the Government, shall incite others to the execution of any of the acts specified in article 134 of this Code, by means of speeches, proclamations, writings, emblems, banners or other
representations tending to the same end. (Reinstated by E.O. No. 187).

Question 7

Article 139

Sedition; How committed.

Answer 7

Sedition; How committed. - The crime of sedition is committed by persons who rise publicly and tumultuously in order to attain by force, intimidation, or by other means outside of legal methods, any of the following objects:
1. To prevent the promulgation or execution of any law or the holding of any popular election;
2. To 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;
3. To inflict any act of hate or revenge upon the person or property of any public officer or employee;
4. To commit, for any political or social end, any act of hate or revenge against private persons or any social class; and
5. To despoil, for any political or social end, any person, municipality or province, or the National Government (or the Government of the United States), of all its property or
any part thereof.

Question 8

Article 140

Penalty for sedition

Answer 8

Penalty for sedition. - The leader of a sedition shall suffer the penalty of prision mayor in its minimum period and a fine not exceeding Two million pesos (P2,000,000)
Other persons participating therein shall suffer the penalty of prision correccional in its maximum period and a fine not exceeding One million pesos (P1,000,000). (Reinstated by E.O. No. 187).

Question 9

Article 141

Conspiracy to commit sedition

Answer 9

Conspiracy to commit sedition. - Persons conspiring to commit the crime of sedition shall be
punished by prision correccional in its medium period and a fine not exceeding Four hundred thousand pesos (P400,000). (Reinstated by E.O. No. 187).

Question 10

Article 142

Inciting to sedition

Answer 10

Inciting to sedition. - The penalty of prision correccional in its maximum period and a fine not
exceeding Four hundred thousand pesos (P400,000) shall be imposed upon any person who, without taking any direct part in the crime of sedition, should incite others to the accomplishment of any of the acts which constitute sedition, by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end, or upon any person or persons who shall utter seditious words or speeches, write,
publish, or circulate scurrilous libels against the Government, or any of the duly constituted authorities thereof, or which tend to disturb or obstruct any lawful officer in executing the functions of his office, or which tend to instigate others to cabal and meet together for
unlawful purposes, or which suggest or incite rebellious conspiracies or riots, or which lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safety and order of the Government, or who shall knowingly conceal such evil
practices. (Reinstated by E.O. No. 187, amended by Republic Act No. 10951, [August 29, 2017]).