Title 3 - [1/3] (134-142) Public Order

Question 1

What are the crimes against public order?

RCPC DISPCI - chap 1
ADVI-IDID-RTUA-DEEVC - chap 2

Answer 1

 Rebellion or insurrection (Art. 134)

 Coup d’état (Art. 134-A)

 Penalty for Rebellion, Insurrection, Coup D’etat (Art. 135)

 Conspiracy and proposal to commit coup d’état (Art. 136) [i think this includes 134]

 Disloyalty of public officers or employees (Art. 137)

 Inciting to rebellion (Art. 138) [check again]

 Sedition (Art. 139)

 Penalty for sedition (140)

 Conspiracy to commit sedition (Art. 141)

 Inciting to sedition (Art. 142)

 Acts tending to prevent the meeting of Congress and similar bodies (Art. 143)

 Disturbance of proceedings of Congress or similar bodies (Art. 144)

 Violation of parliamentary immunity (Art. 145)

 Illegal assemblies (Art. 146)

 Illegal associations (Art. 147)
 Direct assaults (Art. 148)

 Indirect assaults (Art. 149)

 Disobedience to summons issued by Congress, its committees, etc., by the constitutional commissions, its
committees, etc. (Art. 150)

 Resistance and disobedience to a person in authority or agents of such
person (Art. 151)

 Tumults and other disturbances of public order (Art. 153)

 Unlawful use of means of publication and unlawful utterances (Art. 154)

 Alarms and scandals (Art. 155)

 Delivering prisoners from jails (Art.156)

 Evasion of service of sentence (Art 157)

 Evasion on occasion of disorders (Art. 158)

 Violation of conditional pardon (Art. 159)

 Commission of another crime during service of penalty imposed for another previous offense (Art. 160)

Question 2

CHAPTER ONE – ______________________

Answer 2

CHAPTER ONE – REBELLION, COUP D’ETAT, SEDITION, AND DISLOYALTY

Question 3

ARTICLE 134 – ___________

Answer 3

ARTICLE 134 – REBELLION OR INSURECTION

Question 4

How is the crime of rebellion committed?

Answer 4

The following elements MUST be present:

 That there be –
o Public uprising; and
o Taking of arms against
the government

 That the purpose of the uprising or movement is either –
o To remove from the
allegiance to said
Government or its laws:
- The territory of the
Philippines or any
part thereof; or
- Any body of land,
naval or other armed
forces; OR
o To deprive the Chief
Executive or Congress,
wholly or partially, of
any of their powers or
prerogatives.

Question 5

What is the nature of the crime of rebellion?

Answer 5

 The crime of rebellion or inciting it is by nature a crime of the masses or multitude. This means that there is a vast movement of men and a complex net of intrigues and plots.

 Not merely a challenge to the constituted authority by also civil war on a bigger or lesser scale

 Based on the RPC, there must be uprising AND taking up of arms

 Rebellion is a continuing crime hence rebels can be arrested at any time without a warrant

[gpt #2]
In summary, the second point emphasizes that rebellion is not merely a symbolic or verbal challenge to authority; it involves a level of organized resistance that can escalate into a form of civil war. The scale of this conflict may vary, but the core idea is that it goes beyond mere expressions of dissent and involves a more significant and organized movement against the constituted authority.

Question 6

Is it necessary that the purpose of rebellion be accomplished for an accused to be guilty of the crime?

Answer 6

No. There is no need for an actual clash of arms with the forces of the government rebellion or conspiracy to
commit rebellion exist.
The elements of rebellion do not contemplate on the outcome of the acts.

So, the crime of rebellion is complete the very moment a group of rebels rise publicly and take arms against the Government, for the purpose of overthrowing the same by force.

Question 7

To make out a case of rebellion, what motivation for the killing of the victim by the offender must be shown?

Answer 7

politically motivated
crime of killing is in furtherance of rebellion

The motive must not be personal in part of the offender but merely in pursuance of the movement to overthrow the duly constituted authorities. It must be for some political purpose or motive.

Question 8

Who has the burden of proving the political motivation in the cases of rebellion?

Answer 8

The burden of demonstrating political motive falls on the defense since motive is a state of mind which the accused better than any individual knows.

Question 9

May offenders be charged for “common crimes”, e.g. murder and possession of firearm, separately from rebellion and insurrection?

Answer 9

Yes, when the motive of such common crimes is personal in nature.

Under the RPC, rebellion and insurrection are distinct crimes from murder, homicide, arson, and other common crimes.

However, under the Political Offense Doctrine, common crimes subversive ends (or purposes enumerated in Art 134). Then these common crimes are absorbed in the crime of rebellion and cannot be regarded nor penalized as distinct crimes themselves.

Question 10

Is there a complex crime of rebellion with murder and other common crimes?

LB

Answer 10

No, there is no complex crime of rebellion. Under the Hernandez Ruling, it is only charged as a single offense.

Since there is only one crime committed, then there is no complex crime.

Question 11

when are common crimes absorbed? when are they not?

Answer 11

Homicide is absorbed by rebellion if the commission of the homicide is in furtherance of the intent of rebellion. Otherwise, it should be treated as a separate crime of homicide.

The rule is that common crimes may be treated as separate crimes if they are
not committed in furtherance of the political end of rebellion – that the
purpose is personal in nature. If they are committed for some political end, then they are deemed absorbed in rebellion.

Question 12

How do you contemplate the levying of war against the government during peacetime?

Answer 12

When the levying of war against the government in peacetime is for the purposes enumerate in Art 134, then the crime is rebellion. The key condition here is peacetime, because when the levying of war is done in times of war, the crime committed may be treason under Art. 114.

Question 13

When a criminal act has elements common to more than one offense, who has the option to choose the case to file?

[gpt]
where a single act could potentially constitute multiple criminal offenses, the question is inquiring about who has the authority to decide which charge or charges should be brought against the accused.

Answer 13

It is the RPC in relation to the evidence in the hands of the public prosecutor (fiscal), and not the latter’s whim or caprice, which gives the choice. The RPC allows separate prosecutions for either murder or rebellion, although not for both where
the indictment (charge) alleges that the former has been committed in furtherance of or in connection with the latter.

The public prosecutor has the option to ascertain which prosecutions should be initiated based on the evidence at hand. That a criminal act may have elements common to more than one offense does not rob the prosecutor of
that option and does not mandatorily require him to charge the lesser offense although the evidence before him may warrant prosecution of the more serious one.

Question 14

Distinguish political crimes v. common crimes insofar as goal/purpose/motive is concerend

Answer 14

[PC]
Political crimes are those directly aimed against the political order. They include
common crimes when they are committed to achieve a political purpose. The defining factor is the intent or motive.

[CC]
done for private purposes

Question 15

Distinguish rebellion under Art 134 from treason under Art 114.

Answer 15

NATURE of the crime
(114) - crimes against national security
(134) - crimes against public order

[this is obvious]
WHEN committed
(114) - Treason is a war
crime. So, there must be a war where the Philippines is
involved.
(134) - committed when there is no war

OFFENDER
(114) - requires offender to owe allegiance to gov’t
(134) - not require

ACTS constituting the crime
(114) - (1) levying war against the gov’t OR (2) adherence to the enemy by giving aid or comfort
(134) - act of giving aid or comfort cannot constitute rebellion

Question 16

Distinguish between rebellion and insurrection.

Answer 16

[Rebellion]
Rebellion is more frequently used where the object of the movement is completely to overthrow and supersede the existing government.

[Insurrection]
Insurrection is commonly employed in reference to a movement which 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 17

ARTICLE 134-A. _____________

Answer 17

ARTICLE 134-A. COUP D’ETAT

Question 18

What are the elements of the crime of coup d’etat?

Answer 18

 That the offender is a person or persons belonging to the military or police OR holding any publicoffice or employment.

 That it is committed by means of a swift attack accompanied by violence, intimidation, threat, strategy or stealth; (VITSS)

 That the attack is directed against the duly constituted authorities of the Republic of the Philippines, or

(1) any military camp or installation,
(2) communication networks,
(3) public utilities or
(4) other facilities needed for the exercise and continued possession of power;

 That the purpose of the attack is to seize or diminish state power.

Question 19

How many offender/s is/are there in the crime of coup d’etat committed?

Answer 19

 Number of offenders — singly or simultaneously carried out anywhere
in the Philippines

 By whom — 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

Question 20

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

Answer 20

The essence of the crime of coup d’etat 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 21

Distinguish between rebellion under Art. 134 and coup d’etat under Art 134-A. aside from its elements

Answer 21

PRINCIPAL PARTICIPANTS
[134]
Must be members of the AFP, PNP, or any public officers

[134-A]
Requires member to be AFP, PNP, or any public officer w/ OR w/o civilian support

NUMBER
[134]
Multitude of people
[134-A]
Singly or collectively

CRIMINAL OBJ
[134]
Overthrow the government and for the offenders to establish their own
[134-A]
Destabilize, immobilize or paralyze the existing government by taking over such facilities

MEANS
[134]
Committed through force and violence [fv]
[134-A]
Committed through force and violence with threat intimidation, strategy, or stealth [vitss]

Question 22

ARTICLE 135. _____________________________

Answer 22

ARTICLE 135. PENALTY FOR REBELLION, INSURRECTION, OR COUP D’ETAT

Question 23

Who are liable for rebellion, insurrection and/or coup d’etat?

Answer 23

1. LEADERS
    Any person who promotes, maintains or heads a rebellion or insurrection
    Any person who leads, directs, or commands other to undertake a coup d’etat

PARTICIPANTS
 Any person who participates, or executes the commands of others in rebellion or insurrection;
 Any person in the government who participates, or executes directions or commands of others in undertaking a coup d’etat

 Any person not in the government service who participates, supports,
finances, abets or aids in
undertaking a coup d’etat

Question 24

When a leader of rebellion, insurrection or coup d’etat is not known, who shall be
deemed the same?

What if the leader is outside of Philippines, will he be liable?

Answer 24

Any person who, in fact directed others, spoke for them, signed receipts, and
other documents issued in their name, or performed similar acts on behalf of the
rebels shall be deemed the leader.

Note: If committed outside of the Philippines, Article 2(5) of RPC will not apply because rebellion and coup d’etat are crimes against public order.

Article 2(5) will apply only on crimes against national security and law of
nations.

Question 25

ARTICLE 136. ___________________________

Answer 25

ARTICLE 136. CONSPIRACY AND PROPOSAL TO COMMIT COUP D’ETAT, REBELLION OR INSURRECTION

Question 26

When is there conspiracy and proposal to commit coup d’etat, rebellion and insurrection?

Answer 26

There is conspiracy to commit rebellion 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 decided to commit it.

There is proposal to commit rebellion, 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 other person or persons.

Question 27

Is the performance of the overt acts (i.e. rising publicly and taking arms) required for one to be held guilty of crime under this provision?

Answer 27

No. The mere agreeing and deciding (conspiracy) and the mere proposal of the execution of these acts (proposal) without actually doing the act is enough
to convict the offender.

Question 28

ARTICLE 137. _________________________

Answer 28

ARTICLE 137. DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES

Question 29

What acts are punished under this article?

Answer 29

 Failing to resist rebellion by all means in their power; or

 Continuing to discharge the duties of their offices under the control of the rebels; or

 Accepting appointment to office under them.

Question 30

If the public officers or employees are in connivance with the rebels, will they be liable for this felony?

Answer 30

No. If the public officer is in connivance with the rebels, then he is guilty of rebellion.

Question 31

Can private individuals be held liable under this article?

Answer 31

No. As the title of the article suggests, this crime only applies to public officers
or employees.

Question 32

Can disloyalty of public officers exist without rebellion?

Answer 32

No. For the crime of disloyalty to exist, there must be rebellion to be resisted or, at least, the place must be under the
control of the rebels.

Question 33

ARTICLE 138. ___________________

Answer 33

ARTICLE 138. INCITING TO REBELLION OR INSURRECTION

(no coup d’etat)

Question 34

What are the elements of the crime under this article?

Answer 34

 The offender [does not take arms] or is [not in open hostility] against the Government

 That he incites others to the execution of any of the acts of rebellion

 That the inciting is done by means of [spwebr] speeches, proclamations, writings, emblems banners or other representations tending to the same end.

Question 35

Distinguish inciting to rebellion under Art. 138 from proposal to commit rebellion under Art. 136.

Answer 35

SIMILARITIES
- induces other to commit rebellion
- individuals to whom the proposal or incitement is made actually go on to commit the act of rebellion, then the offenses of proposing or inciting are considered absorbed in the crime of rebellion itself.

OFFENDER
(136)
intends to commit rebellion and proposing others to join
(138)
does not intend to commit rebellion but is inciting others to

NATURE
(136)
privately
(138)
publicly

Question 36

ARTICLE 139. __________________

Answer 36

ARTICLE 139. SEDITION

Question 37

How is sedition committed?

Answer 37

The crime of sedition is committed by
- persons who rise publicly and tumultuously (at least 4 armed)

• in order to attain by [fio] force, intimidation, or by other means outside of legal methods, any of the following objects: [ppicd]

1. To prevent the promulgation or execution of any law OR the holding of any popular election (disrupt public voting);
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 (steal), for any political or social end, any person, municipality or province, or the National Government of all its property or any part thereof

Question 38

What constitutes ‘preventing him from freely exercising his functions’

Answer 38

If the person in authority or his agent who was attacked was in the performance of his duty, the object of the uprising may be to prevent him from freely exercising his functions (this could have been DA but because it is in the context of sedition where there is public uprising, it is sedition)

Question 39

What constitutes ‘an act of hate or revenge upon the person or property of the public officer?”

Answer 39

if the uprising was by reason of the past performance of his official duty

Question 40

What is the nature of sedition?

Answer 40

1. crime of dissent & protest beyond freedom of expression and assembly of the Constitution
2. Purpose is to violate public peace and show discontent or resistance to lawful authority

Sedition is a crime of dissent or protest by means outside of legal methods. The offenders rise publicly and tumultuously to attain their purpose by force, intimidation, or by other means outside of legal methods. It is done more than the legal means authorized under the freedoms of expression and assembly clauses of the Constitution.

In general sense, sedition is the raising of commotions and disturbances in the
State. Its ultimate object is the violation of the public peace or at the very least
such course of measure as evidently engenders it. Seditionists incites discontent or resistance to lawful authority.

Question 41

Can sedition be committed by one person?

Answer 41

No. Under Art. 139, the provision says that “the crime of sedition is committed by persons” implying that the crime is
that of a collective and not merely by a singular offender.

In addition, for a disturbance to be tumultuous, there must be more than 3 persons who are armed or provided with means of violence.

Question 42

When disorderly conduct occurs during rally, will it bring about the crime of sedition?

Answer 42

No. Disorderly conduct does not equate to sedition. In sedition there must be public and tumultuous uprising against the authorities by means outside of legal methods, for the purposes enumerated
under this article. Essentially, all the elements of sedition must first be present in the disorder conduct for it to bring about the crime of sedition.

This is because, it is to be expected that there would be disorder in rallies or
assemblies especially when such rally or assembly was made to address grievances that people have against its
government. If the prosecution be permitted to seize upon every instance
of disorderly conduct by individual members of a crowd as an excuse to characterize the assembly as a seditious and tumultuous rising against the authorities, then the right to assembly
and to petition for redress of grievances would become a delusion and snare and the attempt to exercise it on the
most righteous occasion and in the most peaceable manner would expose all
those who took part therein to the severest and most unmerited punishment, if the purposes which they have sought to attain did not happen to be pleasing to the prosecuting authorities.

Question 43

Who can commit the crime of inciting to rebellion or sedition?

Answer 43

Inciting to rebellion or sedition can be committed only by civilians who do NOT take part therein.

If he does, his crime is rebellion or sedition. Rebels cannot commit this crime.

Question 44

Can direct assault be committed when there is rebellion or sedition?

Answer 44

No, direct assault cannot be committed when there is rebellion or sedition as
public uprising is an element of rebellion or sedition which should be absent in direct assault.

Article 148 defines direct assault as “without public uprising.”

Question 45

Compare
Inciting to sedition(139), tumults (153), and direct assault (148)

simply enumerate the elements

Answer 45

[153]
The intent is not really to incite to sedition but to disturb public performance or Create disturbance a public place. If any of the acts employed is one of those in Article 142 and the objective is any of those in Article 139, it is not Merely disturbance but is elevated to inciting to sedition

[139]
Sedition is committed by those who: (a) rise publicly and tumultuously; (b) to attain by force, intimidation, or by other means outside of legal methods; (c) any of the objectives enumerated in Art 139

[148]
Direct assault of the first form is committed by those who: (a) without a public uprising; (b) shall employ force or intimidation; (c) for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition.

Question 46

Distinguish between sedition and rebellion

Answer 46

PURPOSE
[139]
purpose: political or social
[134]
purpose: only political

BOTH
there must be public uprising

[139]
- sufficient that public uprising is tumultuous
[134]
must be taking up of arms against the gov’t + public uprising

[139]
If the purpose of public
uprising is not exactly
against the Government
and not for the purpose of
doing the things defined
under Art 134 of the RPC
but merely to attain by
force, intimidation or by
any other means, outside
legal methods, then it is
sedition.

Question 47

Distinguish sedition from treason.

Answer 47

[139]
It is the raising of
commotions in the
state.

[114]
It is the breach or violation of allegiance to a Government committed by a person who owes allegiance to it.

Question 48

ARTICLE 140. _________________

Answer 48

ARTICLE 140. PENALTY FOR SEDITION

Question 49

Who are the persons liable for sedition?

Answer 49

 Leaders of seditions; and
 Other persons participating in
sedition

Question 50

ARTICLE 141. ___________

Answer 50

ARTICLE 141. CONSPIRACY TO COMMIT SEDITION
(no proposal)

Question 51

When is there CONSPIRACY to commit sedition?

Answer 51

When there is an agreement and a decision to rise publicly and tumultuously to attain any of the objects of sedition.

Without such [agreement] AND [decision] the act may only constitute a conspiracy to commit direct assault of the first form which is not a felony.

note
- if agree and short of decision, its is DA in first form (not punishable)
- if agree and decision, but only 2, then it is conspiracy to commit DA in first form (not punishable)

Question 52

Is the proposal to commit sedition a crime?

Answer 52

Art 141 only punishes conspiracy to commit sedition. Hence proposal to commit sedition is not punishable.

Question 53

ARTICLE 142. _____________________

Answer 53

ARTICLE 142. INCITING TO SEDITION

Question 54

What are the different acts of inciting to sedition?

progression

Answer 54

The following acts are punishable –
 Inciting others— to the
accomplishment of any of the acts which constitute sedition —by means of speeches, proclamations, writings, emblems, etc.;

 Uttering seditious words or speeches which tend to disturb the public [peace];

 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 55

What are the elements of the crime of inciting sedition?

Answer 55

 The offender does not take direct part in the crime of sedition;

 He incites others to the
accomplishment of any of the acts which constitute sedition;

 The inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end.

Question 56

When is the utterance, speech, writing or publication considered seditious?

Answer 56

It is punishable when –

 They tend to disturb or obstruct any lawful officer in executing the function of his office

 They tend to instigate others to cabal (secret plot) and meet together for unlawful purposes

 They suggest or incite rebellious conspiracies or riots

 They lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safe and order of the Government

Note: Inciting to rebellion or sedition can ONLY be committed by civilians who do not partake therein. If that person partakes in the rebellion or sedition, the crime is rebellion or sedition. Rebels cannot commit any of these two crimes.

Question 57

What are the two rules relative to seditious words?

Answer 57

1. The Clear and Present Danger Rule

 The words must be of such nature that by uttering them there is a danger of a public uprising and that such danger should be both clear and imminent

2. The Dangerous Tendency Rule
    If the words used tend to create a danger of a public uprising

 The words or published uttered are seditious when it could easily produce disaffection among the people.

Question 58

What are the reasons why seditious utterances prohibited?

Answer 58

While we are accorded the rights of free speech under the constitution, this does
not preclude the Government from forbidding the advocacies of a doctrine
designed and intended to overthrow the same.

Question 59

knowledge check: what is a complex crime

LB

Answer 59

ORDINARY COMPLEX
a) 1 act = 2 or more grave or less grave (compound crime or delito compuesto)

b) 2 offenses as 1 = when an offense is a necessary means for committing the other -> to another
(complex crime or delito
complejo)

Art. 48

SPECIAL COMPLEX CRIMES
does not follow art. 48

Question 60

Can an offender of title three be liable of the crimes thereof when he is not in Philippine territory but provided he is in a vessel registered in the Philippines?

Answer 60

Article 2(5) will apply only on crimes against national security and law of
nations.

Question 61

Elements of Disloyalty of POE

Answer 61

1. must be POE
2. POE has not conspired with rebels
3. Rebellion must exist

Question 62

will civil court have JD over offenders of coup d’etat considering they are military personnel?

what did SC say in Pp v. Gonzalez

Answer 62

idk

Question 63

in the first purpose of rebellion, what is being removed?

Answer 63

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

Question 64

LECTURE - JAN 25

Answer 64

LECTURE - JAN 25

Question 65

how will to prove political motivation?

Answer 65

is in furtherance of the rebellion

Question 66

is intent material in crime of inciting to rebellion?

Question 67

knowledge check: what is conspiracy?

LB

Answer 67

art. 8

a conspiracy exist when 2 or more come to an agreement concerning the commission of a FELONY and decide to commit it.

there is proposal when the person who has decided to commit a FELONY proposes its execution to some other person or persons