Title 3: Crimes Against Public Order Flashcards
What crimes are included here?
Political Crimes: Directly aimed against the political order
Common Crimes: Limited to those committed to achieve a political purpose
Decisive factor is the intent
Elements of Rebellion
Art 134: Rebellion or Insurrection
- That there be
- Public uprising AND
- taking up of arms against the Government - The Purpose is to either
Remove allegiance to said Government or its law:
- The territory of the PH or any part therof; OR
- Any body of land, naval, or other armed forces;
OR
Deprive the Chief Executive or Congress, wholly or partially, any of their powers or prerogatives
- Judiciary is not included. If judiciary, offense will only be sedition.
it is not necessary that the rebels succeed
What if there is no public uprising, only taking up of arms in Rebellion?
Art 134: Rebellion or Insurrection
The crime is direct assault which is committed in two ways:
1. Any person who, without a public uprising, employ force or intimidation for the attainment of any of the purposes of rebellion and sedition.
- Any person who, without public uprising, shall attack, pr employ force or intimidation any person in authority or any of his agents while engaged in the perforamance of official duty or on occasion of such performance.
Is actual clash of arms needed when convict is in conspiracy with others of taking up of arms?
Art 134: Rebellion or Insurrection
No, as long as in conspiracy with others.
Rebellion vs. Insurrection
Art 134: Rebellion or Insurrection
Rebellion: Purpose is to completely **OVERTHROW ** the existing government
Insurrection: seeks to effect some change of MINOR IMPORTANCE or to prevent the exercise of governmental authority with respect to particular matters
Can rebellion be complexed with common crimes?
Art 134: Rebellion or Insurrection
Class Discussion: Before, No. However, under the amendments, common crimes can now be complexed with rebellion because the crimes are no longer included in the definition of rebellion.
If with political purpose (Political Offense Doctrine): Common crimes, including SPLs, which are intended in furtherance of rebellion, are absorbed. It is necessary that there is evidence to show that these common crimes have promoted the ideals of rebels.
If for private purposes without any political motivation: common crime is separately punished and would not be absorbed in the crime of rebellion
- if act was committed without any political motivation even though offender is a member of rebellious group, the crime is still a common crime
Rebellion vs. Treason
Art 134: Rebellion or Insurrection
Rebellion: Public Uprising and Taking up of arms is against the government with the purpose of removing allegiance to the government or depriving the chief executive or congress of any of their powers
- mere giving of aid is not criminal in rebellion. There must be an actual participation. Mere silence is also now punishable.
- in time of peace
- Can be committed in the PH only by anyone
- Proved by showing the purpose of the uprising
Treason: Levying of war, or adhering to the enemy, giving them aid or comfort is done to aid the enemy with the purose of delivering the government to the enemy.
- in time of war
- can be committed in the PH or elsewhere by a Filipino citizen
- can be committed only in the PH by a foreigner
- proved by testimony of two witnesses, at least to the same overt act; or confession of accused in open court
Rebellion vs. Terrorism
Art 134: Rebellion or Insurrection
A person who commits an act punishable as rebellion or insurrection, thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand, shall be guilty of terrorism.
Elements of Coup D’etat
Art 135: Coup D’etat
- Offender or offenders belongs to the military or police or holding any public office or employment.
- Can be committed with or without civilian support
- can be committed singly or collectively - There be a swift attack accompanied by VITSS: violence, intimidation, threat, strategy, and stealth
- The purpose of the attack is to seize or diminish state power
- The attack is directed against duly constituted authorities of the PH or any military camp or installation, communication networks, public utilities or other facilities needed for the exercise and continued possession of power
Coup D’etat vs. Rebellion
Art 135: Coup D’etat
Coup D’etat
- swift attack against militaru installation and facilitiesessential to continued exercise of governmental powers
- merely to paralyze the existing government
- may be carried out singly or simultaeneously
- Members of miliatry, national police or public officer
Rebellion:
- public uprising and taking up of arms against the government
- To overthrow the government
- Required a multitude of people
- Offenders need not be uniformed personnel of military or the police (can be anyone)
Coup D’etat vs. Terrorism
Art 135: Coup D’etat
A person who commits an act punishable as coup d’etat, thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand, shall be guilty of terrorism.
Persons Liable for Rebellion, Insurrection and/or Coup D’etat
Art 135: Penalty for Rebellion or Insurrection and/or Coup D’etat
- Leader
- Rebellion/Insurrection: Any person who PROMOTES, MAINTAINS OR HEADS
- Coup D’etat: any person who LCD: LEADS, DIRECTS, OR COMMANDS OTHERS - Participants
- Rebellion or Insurrection: Any person who participates or executes the commands of others
- Coup D’etat: Any person **in the government service ** who participates, or executes directions or commands of others
- Coup D’etat: Any person NOT IN the government service who participates, supports, finances, abets or aids
What if leader is unknown, who is the leader?
Art 135: Penalty for Rebellion or Insurrection and/or Coup D’etat
Any person who
- directed the others
- spoke for them
- signed receipts and other documents issued in their name
- performed similar acts on behalf of the rebels
Crimes Punished under Art 136
Art 136: Conspiracy and Proposal to Commit Coup D’etat, Rebel, or Insure
- Conspiracy to commit rebellion or insurrection
- Proposal to commit Rebellion or Insurrection
- Conspiracy to commit coup d’etat
- Proposal to commit Coup D’etat
Conspiracy to Commit Coup D’etat
Art 136: Conspiracy and Proposal to Commit Coup D’etat, Rebel, or Insure
When two or more persons belonging to the military come to an agreement to commit Coup D’etat and decide to commit it
Proposal to commit Coup D’etat
Art 136: Conspiracy and Proposal to Commit Coup D’etat, Rebel, or Insure
When the person belonging to the military or police or holding any public office has decided to commit Coup D’etat and proposes its execution to some other person or persons.
Note: It should not be actually committed by the persons whom it is proposed. If committed by others, offender becomes principal by inducement.
Conspiracy to Commit Rebellion/Insurrection
Art 136: Conspiracy and Proposal to Commit Coup D’etat, Rebel, or Insure
When two or more persons come to an agreement to commit Rebellion/Insurrection and decide to commit it
Proposal to Commit Rebellion
Art 136: Conspiracy and Proposal to Commit Coup D’etat, Rebel, or Insure
When the person has decided to commit Coup D’etat and proposes its execution to some other person or persons.
Note: It should not be actually committed by the persons whom it is proposed. If committed by others, offender becomes principal by inducement.
Punishable Acts of Disloyalty
Article 137: Disloyalty of Public Officers or Employees
D-FUK? –> DFOA
FOA
- Failing to resist a rebellion by all the means in their power
- Continuing to discharge the duties of their office under the control of the rebels
- Accepting appointment to office under them
Notes
- Presupposes existence of rebellion but offender must NOT be in conspiracy with the rebels; otherwise, he is guilty of rebellion
Elements of Inciting to Rebellion or Insurrection
Art 138: Inciting to Rebellion or Insurrection
Inciting = Exciting = Boring Pala = DIM & SPEWB
DIM
- Offender Does not take arms or is not in open hostility against the government
- He Incites others to rise publicly and take arms against the government for any of the purposes of rebellion
- If no intent to incite, disturbance of public order - Done by Means of SPEWBSpeeches, Proclomations, Emblems, Writings, Banners, or other repesentations tending to the same end.
Note: It should not be actually committed by the persons whom it is proposed or incited. If committed by others, offender becomes principal by inducement.
Inciting to Rebellion vs. Proposal to Commit Rebellion
Art 138: Inciting to Rebellion or Insurrection
Inciting
- it is not requred that the offender has decided to commit rebellion
- act of inciting is done publicly
Proposal
- person has decided to commit rebellion
- uses secret means
For Both
- crime of rebellion should not be actually committed by the persons whom it is proposed or incited
- if committed by the others, inciter or proposer becomes a principal by inducement
Elements of Sedition
Art. 139: Sedition
Sedition = Seduce = Reputation = REP
REP
PEIC-D
- Offenders Rise publicly and tumultously
- 4 persons or more persons who are armed or capable of violence -
Employ force, intimidation, or other means outside of legal methods; and
- This does not contemplate rising up in arms against the government, unlike Rebellion where it states “taking up of arms against the government.” The ultimate object of sedition is violation of public peace. - The offenders employ any of these means to attain any of the following Purposes:
a&b. Prevent (PPEE)
- promulgation of law
- holding of popular election
- government from exercising its functions
- execution of administrative order
c. Inflict any act of hate upon person or property of any public officer
d. Commit for any political or social end any act of hate or revenge against private persons or any social class
e. Despoil for any political or social end, any person, municipality, or province, or the Natl Govt of all its property or any part thereof
Immaterial if objective be completely attained
Sedition vs. Rebellion
Art. 139: Sedition
Sedition
- Sufficient that public uprising is tumultous
- May be political or social, that is merely to go against the established government, not to overthrow it
- Crimes associated with sedition can be prosectued
Rebellion
- taking up of arms is against the government
- always political, that is , to overthrow the government
- Offenses committed pursuant to rebellion are absorbed
Sedition vs. Treason
Art. 139: Sedition
**Treason **
- crime against national security and law of the nations
- war crime
- levying war or adhering to the enemy, giving them aid or comfort
- Purpose is to aid the enemy
Sedition
- Crime against Public Order
- internal conflict
- Committed by causing public and tumultous disturbances in one’s country.
- Prevent (PPEE)
- promulgation of law
- holding of popular election
- government from exercising its functions
- execution of administrative order
c. Inflict any act of hate upon person or property of any public officer
d. Commit for any political or social end any act of hate or revenge against private persons or any social class
e. Despoil for any political or social end, any person, municipality, or province, or the Natl Govt of all its property or any part thereof
Sedition vs. Crime of Tumults and Other Disturbances of Public Order
Art. 139: Sedition
Sedition
- disturbance of public order resulting from tumultous uprising
- it has its purposes
Tumults
- There is no public uprising
What if there is no public uprising, only taking up of arms in Sedition?
Art. 139: Sedition
The crime is direct assault which is committed in two ways:
1. Any person who, without a public uprising, employ force or intimidation for the attainment of any of the purposes of rebellion and sedition.
- Any person who, without public uprising, shall attack, or employ force or intimidation any person in authority or any of his agents while engaged in the perforamance of official duty or on occasion of such performance.