Art 136 Conspiracy and proposal to commit rebellion, coup, insurrection 2 types of crimes Conspiracy to commit Rebellion Proposal

al to commit Rebellion -merely agreeing and deciding among themselves to rise publicly and take arms, without actually rising publicly and taking arms, or proposing without actually performing it are already punishable. -No conspiracy when there is no agreement or proposal no agreement no decision to commit it If there is soliciting of members and funds, and holding meetings, there is conspiracy Art 137 Disloyalty of public officers and employees penalty of prision correccional (min) Acts of disloyalty punished: 1. Failing to resist a rebellion by all means of their power 2. Continuing to discharge the duties of their offices under control of rebels 3. Accepting appointment of office under them There must be rebellion to resisted to be punished of the crime of disloyalty offender must not be in conspiracy, otherwise he would be guilty of rebellion. Art 138 Inciting rebellion or insurrection Penalty of prision mayor (min) Elements:

1. Offender does not take arms /is not in open hostility against Govt 2. He incites others to the execution of acts of Rebellion 3. Inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations A need to incite others to rise publicly and take arms against the Govt Inciting Rebellion v Proposal to commit rebellion 1. Inducement to commit rebellion 2. In proposal, the person who proposes has decided to commit it. In inciting, it is not required that offender decided to commit rebellion 3. In proposal, there is the use of secret means. In inciting, the act is done publicly. Rebellion should not be committed, if not then offender will become principal by inducement

Art 139 Sedition CA 202 (4 sections amending sedition) Elements: 1. Offenders rise publicly and tumultuously 2. Employ force, intimidation, or other means outside of legal methods 3. Offenders employ and of those means to attain: a. Prevent promulgation/execution of any law or the holding of any popular election b. Prevent the National Govt, or prov/municipal govt, public officer from exercising his functions, or prevent execution of any AO.

c. Inflict any act of hate/revenge upon person or property of any public officer/employee d. Commit for political/social end, any act of hate or revenge against private persons/social class e. Despoil for political/social end, any person, municipality, or province or Natl Govt of all its property or any part thereof. Sedition- raising of commotions or disturbances in the State Ultimate object is a violation of the public peace or at least such a course of measure as evidently engenders it Object of uprising distinguishes it from rebellion -Rebellion: taking up of arms against the Govt -Sedition: public rising is tumultuous (violent) Sedition v Treason Treason: violation by a subject of his allegiance to his sovereign or to the Supreme Authority of the state Sedition: Raising of commotions in the State Committed by persons. (more than three) No public and tumultuous uprising (w/o arms), no sedition No object of sedition (purpose unknown), no sedition Common crimes are not absorbed

There must be an agreement and decision to Attain an object of sedition Rise publicly and tumultuously

Art 140 Penalty of Sedition Leader of a sedition: prision mayor (min) Participants: prision correccional (max) Art 141 Conspiracy to commit sedition Prision correccional (med) Punishes conspiracy only

Art 142 Inciting to Sedition Prision correccional (max) Different acts of inciting to sedition Inciting others to the accomplishment of any acts ofsedition by speeches, proclamations, writings Uttering seditious words/speeches which tend to disturb public peace Writing, publishing scurrilous labels against the Govt or the duly constituted authorities, which tend to disturb public peace Elements: 1. Offender does not take direct part in the crime 2. Incites others to the accomplishment of any of the acts 3. Inciting is done by means of speeches, proclamations tending to the same end Not inciting sedition when it is not proved Using seditions words, speech, writing, publishing or circulating scurrilous labels against the Govt. Scurrilous- low, vulgar, foul (weaken the confidence of other people) As to 3rd act, punishable if: Tend to disturb or obstruct any lawful officer from execution of duty Tend to instigate others to cabal or meet for unlawful purposes

Suggest or incite rebellious riots/conspiracies Lead or tend to stir up people against the lawful authorities or disturb the peace of community Knowingly concealing such evil practices is punished as that of the principal in this provision Disturbance or disorder not necessary in inciting sedition It also punishes utterances which may endanger public order 2 Rules Clear and present danger Danger must be clear and imminent There must be probability of a serious injury Present refers to the time (probable and inevitable) Dangerous tendency Tend to create a danger of public uprising If words used could easily produce disaffection among the people If the State were to wait until the apprehended danger becomes certain, then its right to protect itself would come into being simultaneously with the overthrow of the Govt, when there is no more law. Unlawful rumor-mongering and spreading false information which tend to cause panic or endanger the public order is punishable (PD 90) Penalty of prision correccional If govt officer/employee, accessory penalty of absolute perpetual disqualification (PD 90)

Art 143 Acts tending to prevent the meetings of assembly and similar bodies Penalty of prision correccional CA 264: Elements: 1. There be a projected or actual meeting 2. Offender is any person who prevents such meeting by force/fraud Art 144 disturbance of proceedings Punishment of arresto mayor Elements: 1. That there be a meeting of the Natl Assembly 2. That offender does any of the acts: a. Disturbs any such meetings b. Behaves while in the presence of such bodies as to interrupt its proceedings or impair the respect due to it It must be a meeting of a legislative body or provincial board or municipal council May be commenced upon the written complaint of a member of the municipal board Punish for contempt (coercive), punish for crime (punitive)

Art 145 Violation of parliamentary immunity Penalty of prision mayor for any person Prision correccional for any public officer/employee Acts punishable 1. by using force, threat, intimidation or frauds to prevent any member from attending the meetings expressing his opinions casting his vote Elements: 1.uses force, intimidation, threats or fraud 2.