Article 134.

Rebellion or Insurrection
Elements:
1. Public uprising and taking arms against the government;
2. The purpose:
a. remove from the allegiance to the government or its laws Philippine territory or any part thereof,
or any body of land, naval, or other armed forces; or
b. to deprive the Chief Executive or Congress, wholly or partially, of any of their powers or
prerogatives.
The essence of this crime is a public uprising with the taking up of arms. It requires a multitude of people.
It aims to overthrow the duly constituted government. It does not require the participation of any member
of the military or national police organization or public officers and generally carried out by civilians.
Lastly, the crime can only be committed through force and violence
Article 134-A. Coup d' etat
Elements
1. Offender is a person or persons belonging to the military or police or holding any public office or
employment;
2. It is committed by means of a swift attack accompanied by violence, intimidation, threat, strategy or
stealth;
3. The attack is directed against the duly constituted authorities of the Republic of the Philippines, or any
military camp or installation, communication networks, public utilities or other facilities needed for
the exercise and continued possession of power;
4. The purpose of the attack is to seize or diminish state power.
The essence of the crime 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. It may be committed singly or collectively and does not require a
multitude of people. The objective may not be to overthrow the government but only to destabilize or
paralyze the government through the seizure of facilities and utilities essential to the continued possession
and exercise of governmental powers. It requires as principal offender a member of the AFP or of the
PNP organization or a public officer with or without civilian support. Finally, it may be carried out not
only by force or violence but also through stealth, threat or strategy.

Article 139. Sedition

Elements

1. Offenders rise publicly and tumultuously;

2. Offenders employ force, intimidation, or other means outside of legal methods;
3. Purpose is to attain any of the following objects:
a. To prevent the promulgation or execution of any law or the holding of any popular election;
b. To prevent the national government or any provincial or municipal government, or any public officer
from exercising its or his functions or prevent the execution of an administrative order;
c. To inflict any act of hate or revenge upon the person or property of any public officer or employee;
d. To commit, for any political or social end, any act of hate or revenge against private persons or any
social classes;
e. To despoil for any political or social end, any person, municipality or province, or the national
government of all its property or any part thereof

The crime of sedition does not contemplate the taking up of arms against the government because the
purpose of this crime is not the overthrow of the government. Notice from the purpose of the crime of
sedition that the offenders rise publicly and create commotion ad disturbance by way of protest to express
their dissent and obedience to the government or to the authorities concerned. This is like the so-called
civil disobedience except that the means employed, which is, violence, is illegal