2.
Crimes Against Public Order (Articles 134-160) d’etat:
Chapter 1. Rebellion, Coup d’etat, Sedition, and Disloyalty
Art. 134. Rebellion or Insurrection.
1. That there be a (a) public uprising, and (b) taking arms
against the Government.
2. That the purpose of the uprising or movement is either –
a. To remove from the allegiance to said Government or
its laws:
1. The territory of the PHL or any part thereof; or
2. Any body of land, naval, or other armed forces;
or
b. To deprive the Chief Executive or Congress, wholly or
partially, or any of their powers or prerogatives.
Rebellion – object of the movement is completely to overthrow and
supersede the existing government;
Insurrection – 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.
Actual clash of arms with the forces of the Government, not
necessary to convict the accused who is in conspiracy with others
actually taking arms against the Government.
Rebellion distinguished from Treason.
The levying of war against the Government to aid or adhere
to the enemy is Treason. The levying of war against the Government
during peace time in Art. 134 is Rebellion.
Rebellion always involves taking up arms against the
Government; Treason may be committed by mere adherence to the
enemy giving him aid or comfort.
Rebellion distinguished from Subversion, is a crime against National
Security.
R.A. 9372. Human Security Act of 2007. 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 the Crime of Terrorism. (Sec. 3)
Art. 134-A. Coup d’etat.
1. That the offender is a person or persons belonging to the
military or police or holding any public office or
employment;
2. That it is committed by means of a swift attack
accompanied by violence, intimidation, threat, strategy or
stealth;
3. That the attack is directed against duly constituted
authorities of the R. PHL., or any military camp or
installation, communication networks, public utilities or
other facilities needed for the exercise and continued
possession of power;
4. That the purpose of the attack is to seize or diminish state
power.
May be committed with or without civilian participation.
Art. 135. Penalty for rebellion, insurrection or coup d’etat.
The following are liable for rebellion, insurrection and/ or coup
A. The leaders –
i. Any person who (a) promotes, (b) maintains, or
(c) heads a rebellion or insurrection;
ii. Any person who (a) leads, (b) directs, or (c)
commands others to undertake a coup d’etat.
B. The participants –
i. Any person who (a) participates, or (b) executes
the commands of others in rebellion, or
insurrection;
ii. Any person in the government service who (a)
participates, or (b) executes directions or
commands of others in undertaking a coup
d’etat;
iii. Any person not in the government service who
(a) participates, (b) supports, (c) finances, (d)
abets, or (e) aids in undertaking a coup d’etat.
Public officer must take active part, to be liable; mere silence or
omission not punishable in rebellion.
If unknown leader, any person who in facts directed the 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 a leader.
It is not a defense in rebellion that the accused never took the oath
of allegiance to, or that they never recognized the Government.
Any or all of the acts described in Article 135, when committed as
means to or in furtherance of the subversive ends described in
Article 134, becomes absorbed in the crime of rebellion and cannot
be regarded or penalized as distinct crimes in themselves.
Hernandez Doctrine, prohibiting the complexing of rebellion with any
other offense committed on the occasion thereof, either as a means
to its commission or as an unintended effect of an activity that
constitutes rebellion.
Acts committed in furtherance of rebellion are absorbed in rebellion.
Membership in a rebel organization does not automatically qualify
criminal acts as absorbed in rebellion.
Rebellion, and not murder, where killings are politically motivated.
Killing, robbing, etc. for private purposes or profit, without any
political motivation, would be separately punished and would not be
absorbed in the rebellion.
Political crimes are those directly aimed against the political order, as
well as such Common crimes as may be committed to achieve a
political purpose. The decisive factor is the intent and motive.
Common, like homicide, is for the purpose of rebellion said offense
becomes Political, the former acquired the political character of the
latter.
Art. 136. Conspiracy and proposal to commit coup d’etat, rebellion
or insurrection. (two different crimes)
Conspiracy to commit rebellion when two or more persons come to
an agreement to … rise publicly and take arms … decides to commit
it.
Proposal to commit rebellion when the person who has decided to ..
rise publicly and take arms … proposes its execution to some other
person/s.
Merely agreeing and deciding to rise publicly and take arms against
the Government for the purposes of rebellion or merely proposing
the commission of said acts is already subject to punishment.
No conspiracy when there is no agreement and no decision to
commit rebellion.
Organizing a group of soldiers, soliciting membership in, and
soliciting funds from the people for, the organization, show to
conspiracy to overthrow the Government.
Art. 137. Disloyalty of public officers or employees.
Offender must be a public officer or employee.
Punishable Acts:
1. By failing to resist a rebellion by all the means in their
power; or
2. By continuing to discharge the duties of their offices under
the control of the rebels; or
3. By accepting appointment to office under them.
The crime of disloyalty of public officers presupposes the existence of
rebellion by other persons.
The offender must not be in conspiracy with the rebels, if not
Rebellion.
Art. 138. Inciting to rebellion or insurrection.
1. That the offender does not take arms or is not in open
hostility against the Government;
2. That he incites others to the execution of any of the acts of
rebellion;
3. That the inciting is done by means of speeches,
proclamations, writings, emblems, banners or other
representations tending to the same end.
Inciting to rebellion distinguished from proposal to commit rebellion.
Both induces another to commit. In proposal, has decided
to commit rebellion; in Inciting not required that he has decided to
commit. In proposal, uses secret means; in Inciting, act of inciting
done publicly.
Rebellion should not be committed.
Art. 139. Sedition.
1. That the offenders rise (1) publicly, and (2) tumultuously;
2. That they employ force, intimidation, or other means
outside of legal methods;
3. That the offenders employ any of those means 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 government, or any public officer
thereof from freely exercising its or his functions, or
prevent the execution of any 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
class; and
e. To despoil, for any political or social end, any person,
or the government of all its property or any part
thereof.
Sedition is the raising of commotions or disturbances in the State, its
object is the violation of the public peace.
What distinguishes sedition from rebellion is the object or purpose of
the uprising. In Rebellion there must be taking up arms against the
Government; in Sedition, it is sufficient that the public uprising is
tumultuous. On purpose, Sedition may be political or social; in
Rebellion always political.
Treason, violation by a subject of his allegiance to his sovereign;
Sedition the raising of commotion or disturbances in the State.
Sedition is committed “tumultuously” by more than 3 persons who
are armed or provided with means of violence.
Public uprising and an Object of Sedition must concur.
Common crimes are not absorbed, thus treated separately.
Art. 140. Penalty for Sedition.
Persons liable:
1. The leader of the sedition, and
2. Other persons participating in the sedition.
Art. 141. Conspiracy to commit Sedition.
There must be an agreement and a decision to rise publicly and
tumultuously to attain any of the objects of sedition.
Art. 142. Inciting to Sedition.
1. That the offender does not take direct part in the crime of
sedition.
2. That he incites others to the accomplishment of any of the
acts which constitute sedition.
3. That the inciting is done by means of speeches,
proclamations, writings, emblems, cartoons, banners, or
other representations tending to the same end.
A theatrical play or drama where the words uttered or speeches
delivered are seditious may be punished under Art. 142.
Proposal to throw hand grenades in a public place, intended to cause
commotion and disturbance, as an act of hate and revenge against
the police force, is inciting to sedition.
Knowingly concealing such evil practices, one of the ways, Article
142.
The use of words, emblems, etc., not performance of acts, is
punished.
Disturbance or disorder, not necessary in inciting to sedition.
Chapter 2. Crimes against popular representation.
Section 1. Crimes against legislative bodies and similar bodies.
Art. 143. Acts tending to prevent the meeting of the Assembly and
similar bodies.
1. That there be a projected or actual meeting of the
Assembly …
2. That the offender who may be any person prevents such
meeting by force or fraud.
Chief of police and mayor who prevented the meeting of the
municipal council are liable under Art. 143, when the defect of the
meeting is not manifest and requires an investigation before its
existence can be determined.
Art. 144. Disturbance of proceedings.
1. That there be a meeting of the National Assembly or
council ..
2. That the offender does any of the following acts:
a. He disturbs any of such meetings.
b. He behaves while in the presence of any such bodies
in such a manner as to interrupt its proceedings or to
impair the respect due it.
It must be a meeting of a legislative body or of provincial board or
city or municipal council or board which is disturbed.
The complaint for disturbance of proceedings may be filed by a
member of a legislative body.
Section 2. Violation of parliamentary immunity
Art. 145. Violation of parliamentary immunity
Acts punishable.
I. By…
1. That the offender uses force, intimidation, threats or fraud;
2. That the purpose of the offender is to prevent any member
of the National Assembly from –
a. Attending the meetings of the Assembly or any..; or
b. Expressing his opinions; or
c. Casting his vote.
II. By…
1. That the offender is a public officer or employee;
2. That he arrest or searches any member of the N.A.;
3. That the Assembly, at the time of arrest or search, is in
regular or special session;
4. That the member arrested or searched has not committed
a crime punishable by a penalty higher than prision mayor.
Parliamentary immunity does not protect members of the National
Assembly from responsibility before the legislative body itself.
Chapter 3. Illegal assemblies and associations
Art. 146. Illegal assemblies.
I. First form.
1. That there is a meeting, a gathering or group of persons,
whether in a fixed place or moving;
2. That the meeting is attended by armed persons;
3. That the purpose of the meeting is to commit any of the
crimes punishable under the Code.
II. Second form.
1. That there is a meeting, a gathering or group of persons,
whether in a fixed place or moving.
2. That the audience, whether armed or not, is incited to the
commission of the crime of treason, rebellion or
insurrection, sedition or direct assault.
The persons present at the meeting must be armed in the first form
of illegal assembly.
But not all the persons present at the meeting of the first form of
illegal assembly must be armed.
The unarmed person merely present at the meeting of the first form
of illegal assembly is liable.
Art. 147. Illegal associations.
1. Associations totally or partially organized for the purpose
of committing any of the crimes punishable under the
Code.
2. Associations totally or partially organized for some purpose
contrary to public morals.
Illegal Association – Illegal Assembly
a. In Illegal Assembly, there is an actual meeting or assembly;
in Illegal Association, not necessary there be an actual
meeting.
b. In Illegal Assembly, it is the meeting and attendance at such
are punished; in Illegal Associations, it is the act of forming
or organizing and membership in the assoc. punished.
c. In Illegal Assembly, liable are: organizers and persons
present; in Illegal Association, liable are: founders,
directors and president and the members.
Chapter 4. Assault upon, and Resistance and Disobedience to,
Persons in Authority and their agents
Art. 148. Direct Assaults.
I. First form of Directs Assault:
1. That the offender employs force or intimidation.
2. That the aim of the offender is to attain any of the
purposes of the crime of rebellion or any of the objects in
the crime of rebellion or any objects in the crime of
sedition.
3. That there is no public uprising.
Not necessary in 1st form that the offended party be a person in
authority or his agent.
II. Second form of Direct Assault:
1. That the offender (a) makes an attack, (b) employs force,
(c) makes a serious intimidation, or (d) makes a serious
resistance.
2. That the person assaulted is a person in authority or his
agent.
3. That at the time of the assault the person in authority or
his agent (a) is engaged in the actual performance of
official duties, or that he is assaulted, (b) by reason of the
past performance of official duties.
4. That there is no public uprising.
1st Element.
Hitting a policeman in the breast with a fist is not direct assault. It
must be something more dangerous to civil society than a simple
blow with the hands.
Pushing a policeman and giving hi, fist blows without hitting him is
not direct assault.
Where the force employed on the agent of a person in authority is of
a serious character, including determination to defy the law and its
representative, the crime committed is direct assault.
The force be employed need not be serious when the offended party
is a person in authority.
The intimidation or resistance must be serious whether the offended
party is an agent only or he is a person in authority.
2nd Element.
Person in authority, any person directly vested with jurisdiction or
the power or authority to govern and execute laws.
How to determine whether a certain public officer is a person in
authority:
 Division superintendent of schools
 President of sanitary division
 Teachers, etc., are persons in authority
 The status as a person is a matter of law
Attacking a teacher who had inflicted corporal punishment on a pupil
is direct assault.
Agent of person in authority, is one who, by direct provision of law
or by election or by appointment by competent authority, charged
with maintenance of public order and the protection and security of
life & property;
 Policeman
 Municipal treasurer
 Postmaster
 Rural policeman
 Sheriff
 Agents of BIR
 Malacanang confidential agent
 Barangay chief tanod
3rd Element.
When the teacher is not in the performance of official duty, offender
cannot be liable under Art. 148.
Extent of performance of official duties for purposes of direct assault,
are not limited to the confines of the classroom because there are
duties discharged by them outside the classroom, i.e. travelling.
When the persons in authority or their agents descended to matters
which are private in nature, an attack made by one against the other
is not direct assault.
When the agent of a person in authority agrees to fight, the attack
made by the accused constitutes a directs assault, because the
character of a person in authority or his agent is not assumed or laid
off at will, but attaches to him until he ceases to be in office.
When person in authority or his agent is considered not in the
performance of official duties. Ifgo beyond and violate rights of
citizens.
Self-defense in direct assault. When a person in authority or his
agents is the one who provokes and attacks another person, the
latter is entitled to defend himself and cannot be liable for Direct
Assault.
Offender and offended party are both persons in authority or their
agents, aggravating circumstance.
Knowledge of the accused that the victim is a person in authority or
his agent, essential.
Defendant must have the intention to defy the authorities.
Disregard of Respect Due to Offended Party on Account of Rank,
Inherent in Direct Assault.
It is not necessary that the person in authority or his agent is in the
actual performance of his official duty when attacked or seriously
intimidated.
Evidence of motive of the offender is important when the person in
authority or his agent who is attacked or seriously intimidated is not
in the actual performance of his official duty, if otherwise, the motive
is immaterial.
Two kinds of Direct Assault of the second form, namely:
1. Simple assault; and
2. Qualified assault.
Direct Assault is qualified –
1. When the assault is committed with a weapon; or
2. When the offender is a public officer or employee; or
3. When the offender lays hands upon a person in authority.
Complex crime of direct assault with homicide or murder, or with
serious physical injuries. Slight physical injuries is absorbed.
Art. 149. Indirect assaults.
1. That a person in authority or his agent is the victim of any
of the forms of direct assault defined in Article 148.
2. That person comes to the aid of such authority or his agent.
3. That the offender makes use of force of intimidation upon
such person coming to the aid of the authority or his agent.
Indirect assault can be committed only when direct assault is also
committed.
The offended party in indirect assaults may be private person.
Art. 150. Disobedience to summons issued by the National
Assembly, its committees or subcommittees, by the Constitutional
Commissions, its committees, subcommittees or divisions.
Acts punished.
1. By refusing, without legal excuse, to obey summons.
2. By refusing to be sworn or placed affirmation before …
3. By refusing to answer any legal inquiry
4. By restraining another from attending as a witness
5. By inducing disobedience to a summons/ refusal to be
sworn
Art. 151. Resistance and disobedience to a person in authority or
the agents of such person.
Elements of resistance and serious disobedience (par. 1):
1. That a person in authority or his agent is engaged in the
performance of official duty or gives a lawful order to the
offender.
2. That the offender resists or seriously disobeys such person
in authority or his agent.
3. That the act of the offender is not included in the
provisions of Arts. 148, 149, 150.
Concept of the offense, consist in a failure to comply with orders
directly issued.
The disobedience consists in the failure or refusal to obey a direct
order from the authority or his agent.
The accused must have knowledge that the person arresting him is a
peace officer.
Elements of simple disobedience (par. 2):
1. That an agent of a person in authority is engaged in the
performance of official duty or gives a lawful order to the
offender.
2. That the offender disobeys such agent of a person in
authority.
3. That such disobedience is not of a serious nature.
The order must be lawful; otherwise, the resistance is justified.
The disobedience should not be of a serious nature; otherwise,
punished under 1st paragraph of Article 151.
When the attack or employment of force is not deliberate, the crime
is only resistance or disobedience.
Direct assault distinguished from Resistance or Serious Disobedience.
1. In Direct Assault, person in authority or his agent must be
engaged in the performance of official duties or he is
assaulted by reason thereof; in Resistance must be actual
performance of his duties.
2. Direct Assaul (2nd form) is committed in 4 ways; Resistance
only by resisting or seriously disobeying.
3. Both forms of Direct Assault, by resisting there is force
employed, but the use of forces in resistance is not so
serious, as there is no intention to defy the law and the
officers enforcing it.
The attack or employment of force which give rise to the
crime of direct assault must be serious and deliberate.
But when one resisted is person in authority, the use of any
kind or degree of force will give rise to direct assault.
If no force employed by the offender in resisting or
disobeying, the crime committed is under 1st par. of Article
151.
Art. 152. Persons in Authority and Agents of Persons in Authority.
One who is directly vested with jurisdiction, meant the power and
authority to govern and execute laws.
The following are persons in authority:
1. Mayor
2. Division Supt. of Schools
3. Teachers
4. Teacher-nurse
5. President of sanitary division
6. Fiscal
7. Justice
8. Councilor
9. Barrio Captain and Barangay Chairman
To be an agent of a person in authority, one must be charged with (1)
maintenance of public order, and (2) the protection and security of
life and property.
Teachers, the offender need not be a pupil or the parent of the pupil.
Chapter 5. Public disorders.
Art. 153. Tumults and other disturbances of public order.
1. Causing any serious disturbance in a public place;
2. Interrupting or disturbing performances, or peaceful
meetings, not under Articles 131 and 132;
3. Making any outcry tending to incite rebellion or sedition in
any meeting or public place;
4. Displaying placards or emblems which provoke disturbance
of public order;
5. Burying with the pomp the body of a person who has been
legally executed.
Serious disturbance must be planned or intended.
If the act of disturbing or interrupting a meeting or religious
ceremony is not committed by public officers, or if committed
by public officers they are participants therein, Article 153
apply.
Art. 154. Unlawful use of means of publication and unlawful
utterances.
1. By publishing or causing to be published, by printing, as
news any false news which may endanger the public order,
or cause damage to the interest or credit of the State.
2. By encouraging disobedience to the law or to the
authorities or by praising, justifying or extolling any act
punished by law…
3. By maliciously publishing or causing … any official
document without proper authority.
4. By printing, publishing, or distributing books and etc. which
do not bear the real printer’s name.
Actual public disorder or actual damage to the credit of the
State not necessary.
The offender must know that the news is false.
Art. 155. Alarms and Scandals
1. Discharging any firearm, firecracker, or other explosive
within any town or public place, calculated to cause alarm
or danger.
2. Instigation or taking an active part in any charivari or other
disorderly meeting offensive to another or prejudicial to
public tranquility.
3. Disturbing the public peace while wandering about at night
or while engaged in any other nocturnal amusements.
4. Causing any disturbance or scandal in public places while
intoxicated or otherwise.
Art. 156. Delivering prisoners from jail.
1. That there is a person confined in a jail or penal
establishment.
2. That the offender removes therefrom such person, or helps
the escape of such person.
Prisoner may be under detention only.
Hospital or asylum considered extension of jail or prison.
Offender is usually outsider, who removes from jail any person
therein or helps him escape.
The guard of the jai, who is off duty, may be held liable for delivering 1. That the offender was already convicted by final judgment
prisoner from jail. of one offense.
2. That he committed a new felony before beginning to serve
Chapter 6. Evasion of service of sentence. such sentence or while serving the same.

Art. 157. Evasion of service of sentence by escaping during the term Second crime must be a felony, thus under the RPC and not a special
of his sentence. law.

1. That the offender is a convict by final judgment. But the first crime for which the offender is serving sentence need
2. That he is serving his sentence which consists in not be a felony, thus may be a special law.
deprivation of liberty.
3. That he evades by escaping during the term of his service. The new offense need not be of different character from that of the
former offense.
Not applicable to sentence executed by deportation.
Quasi-recidivism does not require that the two offenses are under
Is applicable to sentence of destierro. the same title of the Code, otherwise it is Recidivism under par. 9 of
Art. 14.
Art. 158. Evasion of service of sentence on the occasion of
disorders, Conflagrations, Earthquakes, or other Calamities. Reiteracion, requires that the offender against whom it is considered
shall have served out his sentences for the prior offenses. Quasi-
1. That the offender is a convict by final judgment, who is recidivism all the accused were yet serving their sentences.
confined in a penal institution.
2. That there is disorder, resulting from – conflagration, Quasi-recidivist cannot be offset by ordinary mitigating
earthquake, explosion, similar catastrophe, or mutiny in circumstances.
w/c he has not participated.
3. That offender evades by leaving the penal institution he is A quasi-recidivist may be pardoned at the age of 70 years.
confined.
4. That the offender fails to give himself up to the authorities But only a convict “who is not a habitual criminal” shall be pardoned.
within 48 hours following the proclamation of Chief
Executiv.

What is punished is not the leaving of the penal institution, but the
failure of the convict to give himself up to the authorities within 48
hrs.

Mutiny in this article implies an organized unlawful resistance to a

superior officer; a sedition; a revolt.

Art. 159. Other cases of evasion of service of sentence.

Elements of the offense of violation of conditional pardon.

1. That the offender was a convict.

2. That he was granted a conditional pardon by the Chief
Executive.
3. That he violated any of the conditions of such pardon.

Offender must be found guilty of subsequent offense before he can

be prosecuted under Article 159.

Violation of conditional pardon, does not cause harm or injury to the

right of other person nor disturb public order; it is merely
infringement of the contract between C.E. and the criminal.

Evasion of the service of the sentence, is an attempt at least to evade

the penalty inflicted by the courts upon criminals.

Chapter 7. Commission of another crime during service of penalty

imposed for another previous offense.

Art. 160. Commission of another crime during service of penalty

imposed for another previous offense.

Quasi-recidivism is a special aggravating circumstance where a

person, after having been convicted by final judgment, shall commit
a new felony before beginning to serve such sentence, or while
serving the same.