Title Three

TITLE III: CRIMES AGAINST PUBLIC ORDER

1. Enumerate the crimes against public order
1. Rebellion or insurrection
2. Coup d‘ etat
3. Conspiracy and proposal to commit coup d‘ etat, rebellion or insurrection
4. Disloyalty of public officers or employees
5. Inciting to rebellion or sedition
6. Sedition
7. Conspiracy to commit sedition
8. Inciting to sedition
9. Acts tending to prevent the meeting of the Congress and similar bodies
10. Disturbance of proceedings of Congress or similar bodies
11. Violation of parliamentary immunity
12. Illegal assemblies
13. Illegal associations
14. Direct assaults
15. Indirect assaults
16. Disobedience to summons issued by the Congress, its committees or subcommittees,
by the Constitutional Commissions, its committees, subcommittees or divisions
17. Resistance and disobedience to a person in authority or he agents of such person
18. Tumults and other disturbances of public order – tumultuous disturbance or
interruption liable to cause disturbance
19. Unlawful use of means of publication and unlawful utterances
20. Alarms and scandals
21. Delivering prisoners from jail
22. Evasion of service of sentence
23. Evasion on occasion of disorders
24. Violation of Conditional Pardon
25. Commission of another crime during service of penalty imposed by another previous
crime. (quasi-recidivism)

2. Persons Liable in rebellion

Persons liable for rebellion, insurrection or coup d' etat:
1. The leaders –
a. Any person who promotes, maintains or heads a rebellion or insurrection; or
b. Any person who leads, directs or commands others to undertake a coup d' etat;
2. The participants -
a. Any person who participates or executes the commands of others in rebellion or
insurrection;
b. Any person in the government service who participates, or executes directions
or commands of others in undertaking a coup d‘ etat;
c. Any person not in the government service who participates, supports, finances,
abets or aids in undertaking a coup d' etat.

3. Distinctions between rebellion and subversion

Rebellion Subversion
 Uncountable armed resistance to an The act of subverting or the condition of being
established government or ruler subverted
An organized, forceful subversion of the law of A systematic attempt to overthrow a
the land in an attempt to replace it with another government by working from within –
foem of government. undermining

4. Rebellion VS Coup d’ etat

REBELLION is committed when a multitude of persons rise publicly in arms for the purpose of
overthrowing the duly constituted government, to be replaced by a government of the rebels. It is
carried out by force and violence, but need not be participated in by any member of the military,
national police or any public officer.

COUP D'ETAT is committed when members of the military, Philippine National Police, or public officer,
acting as principal offenders, launched a swift attack thru strategy, stealth, threat, violence or
intimidation against duly constituted authorities of the Republic of the Philippines, military camp or
installation, communication networks, public facilities or utilities needed for the exercise and continued
possession of governmental powers, for the purpose of seizing or diminishing state powers.

Unlike REBELLION which requires a public uprising, COUP D'ETAT may be carried out singly or
simultaneously and the principal offenders must be members of the military, national police or public
officer, with or without civilian support. The criminal objective need not be to overthrow the existing
government but only to destabilize or paralyze the existing government.

5. COUP D’ETAT AND THE NEW FIREARMS LAW (RA 8294)

SECTION 1 of RA 8294:

xxxx "If the violation of this Sec. is in furtherance of or incident to, or in connection with the crime of
rebellion or insurrection, sedition, or attempted coup d'etat, such violation shall be absorbed as an
element of the crime of rebellion, or insurrection, sedition, or attempted coup d'etat.”xxxx

BAR QUESTION: Supposing a public school teacher participated in a coup d'etat using an unlicensed
firearm. What crime or crimes did he commit?

Suggested Answer: The public school teacher committed only coup d'etat for his participation therein.
His use of an unlicensed firearm is absorbed in the coup d'etat under the new firearms law (Rep. Act No.
8294).

6. DIFFERENCE BETWEEN INCITIG TO REBELLION AND PROPOSAL TO COMMIT REBELLION

Inciting to rebellion Proposal to commit rebellion

In both crimes, the offender induces another to commit rebellion

 It is not required that the offender has decided to The person who proposes has decided to commit rebellion
commit the rebellion

The act of inciting is done publicly The person who proposes uses secret means

7. DIFFERENCE BETWEEN SEDITION FROM CRIME OF TUMULTS AND OTHER DISTURBANCE OF PUBLIC
ORDER

Sedition: raising of commotion or disturbances in the State. Its ultimate object is a violation of the public
peace or at least such measures that evidently engenders it.

Sedition – purpose may be either political or social.

Tumultuous – caused by more than 3 persons who are armed or provided with means of violence

In sedition – offender may be a private or public person (Ex. Soldier)

8. ENUMERATE THE COVERAGE OF AN UNLICENSED FIREARM UNDER THE NEW FIREARMS LAW (RA
8294)

Section 5. Coverage of the Term Unlicensed Firearm. – The term unlicensed firearm shall include:

1) firearms with expired license; or

2) unauthorized use of licensed firearm in the commission of the crime.

9. RULE ON THE IMPOSITION OF PENALTY IN CFARA IN CASE THE UNLICENSED FIREARM IS USED IN
CRIMES OF LOWER PENALTY UNDER THE RPC (e.g. discharge of firearms, alarms and scandals, slight
physical injury, etc.)

10. DEFINITION OF IMITATION FIREARM AND LIABLITY ATTACHED

Imitation firearm refers to a replica of a firearm, or other device that is so substantially similar in
coloration and overall appearance to an existing firearm as to lead a reasonable person to believe that
such imitation firearm is a real firearm.

Section 35. Use of an Imitation Firearm. – An imitation firearm used in the commission of a crime shall
be considered a real firearm as defined in this Act and the person who committed the crime shall be
punished in accordance with this Act: Provided, That injuries caused on the occasion of the conduct of
competitions, sports, games, or any recreation activities involving imitation firearms shall not be
punishable under this Act.

11. PERSONS LIABLE IN ILLEGAL ASSEMBLY

The persons liable in the crime of illegal assembly are the:

(1) Leaders or organizers; and

(2) Persons merely present at the meeting (except when presence is out of curiosity – not liable).

12. ACTS PUNISHABLE IN ALARMS & SCANDALS

Art. 155. Alarms and Scandals. — The penalty of arresto menor or fine not exceeding 200 pesos shall be
imposed upon:

1. Any person who within any town or public place, shall discharge any firearm, rocket, firecracker, or
other explosives calculated to cause alarm or danger;

2. Any person who shall instigate or take an active part in any charivari or other disorderly meeting
offensive to another or prejudicial to public tranquility;

3. Any person who, while wandering about at night or while engaged in any other nocturnal
amusements, shall disturb the public peace; or

4. Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public
places, provided that the circumstances of the case shall not make the provisions of article 153
applicable. (Revised Penal Code)

13. REPUBLIC ACT NO. 6968 (COUP D’ETAT). HOW IS THE CRIME OF COUP D’ETAT COMMITTED?

Section 3. Chapter One, Title Three of the Revised Penal Code is hereby further amended by adding a
new article as follows:

"Art. 134-A. Coup D′ÉTAT. – How committed. – The crime of coup D′ÉTAT is a swift
attack accompanied by violence, intimidation, threat, strategy or stealth, directed against duly
constituted authorities of the Republic of the Philippines, or any military camp or installation,
communications networks, public utilities or other facilities needed for the exercise and
continued possession of power, singly or simultaneously carried out anywhere in the Philippines
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, for the purpose of seizing or
diminishing state power."

14. Can there be a complex crime of coup d'etat with sedition?

SUGGESTED ANSWER:

Yes, coup d'etat can be complexed with sedition because the two crimes are essentially different and
distinctly punished under the Revised Penal Code. Sedition may not be directed against the Government
or non-political in objective, whereas coup d 'etat is always political in objective as it is directed against
the Government and led by persons or public officer holding public office belonging to the military or
national police. Art. 48 of the Code may apply under the conditions therein provided.

ALTERNATIVE ANSWER:

The crime of coup d'etat cannot be complexed with the crime of rebellion because both crimes are
directed against theGovernment or for political purposes, although the principal offenders are different.
The essence may be the same and thusconstitute only one crime. In this situation, the two crimes are
not distinct and therefore, may not be proper to apply Article48 of the Code .The Indeterminate
Sentence Law is not applicable to:1) those persons convicted of offenses punished with death penalty or
life-imprisonment or reclusion perpetua;2) those convicted of treason, conspiracy or proposal to commit
treason;3) thoseconvicted of misprision of treason, rebellion,sedition or espionage;

15. If the attack is quelled but the leader is unknown, who shall be deemed the leader thereof? (2%)

SUGGESTED ANSWER:

The leader being unknown, any person who in fact directed the others, spoke for them, signed receipts
and other documents issued in their name, or performed similar acts, on behalf of the group shall be
deemed the leader of said coup d'etat (Art 135, R.P.C.)

16. Supposing a public school teacher participated in a coup d'etat using an unlicensed firearm. What
crime or crimes did he commit? [2%]

SUGGESTED ANSWER:

The public school teacher committed only coup d'etat for his participation therein. His use of an
unlicensed firearm is absorbed in the coup d'etat under the new firearms law (Rep. Act No. 8294).

17. Distinguish clearly but briefly: Between rebellion and coup d'etat, based on their constitutive
elements as criminal offenses.

SUGGESTED ANSWER:

REBELLION is committed when a multitude of persons rise publicly in arms for the purpose of
overthrowing the duly constituted government, to be replaced by a government of the rebels. It is
carried out by force and violence, but need not be participated in by any member of the military,
national police or any public officer.

COUP D'ETAT is committed when members of the military, Philippine National Police, or public officer,
acting as principal offenders, launched a swift attack thru strategy, stealth, threat, violence or
intimidation against duly constituted authorities of the Republic of the Philippines, military camp or
installation, communication networks, public facilities or utilities needed for the exercise and continued
possession of governmental powers, for the purpose of seizing or diminishing state powers.
Unlike rebellion which requires a public uprising, coup d'etat may be carried out singly or simultaneously
and the principal offenders must be members of the military, national police or public officer, with or
without civilian support. The criminal objective need not be to overthrow the existing government but
only to destabilize or paralyze the existing government.

18-19.

Article 134 REBELLION OR INSURRECTION

ELEMENTS:

That there be – public uprising and taking arms against the government (force/violence) that the
purpose of the uprising or movement is either

1. to remove from the allegiance to said government or its laws –

i. the territory of the Philippines or any part thereof, or

ii. any body of land, naval or other armed forces, or

2 To deprive the chief executive or congress, wholly or partially, of any of their powers or prerogatives

Article 134-A

COUP D E’TAT

ELEMENTS:

1. Swift attack
2. Accompanied by violence, intimidation, threat, strategy or stealth
3. Directed against:
4. duly constituted authorities
5. any military camp or installation
6. communication networks or public utilities
-other facilities needed for the exercise and continued possession of power

7. Singly or simultaneously carried out anywhere in the Philippines

-committed 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

8. With or without civilian support or participation

9. Purpose of seizing or diminishing state power
Article 138 INCITING TO REBELLION OR INSURRECTION

ELEMENTS:

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

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.

Article 142 INCITING TO SEDITION

ELEMENTS:

1. That the offender does not take a direct part in the crime of sedition
2. That he incites others to the accomplishment of any of the acts which constitute sedition (134)
3. That the inciting is done by means of speeches, proclamations, writing, emblems, cartoons,
banners, or other representations tending to the same end (purpose: cause commotion not
exactly against the government; actual disturbance not necessary)

STATEMENTS CONSTITUTING INCITING TO SEDITION

Speeches extolling communism and urging the people to hold a national strike and paralyze commerce
and trade.
People vs. Dasig

One afternoon, Pfc. Manatad, Pfc. Tizon and Pfc. Catamora were tasked by their commanding officer to
man the traffic at 2 streets of Mandaue City. While on duty, Catamora saw 8 persons, including accused
Nunez, acting suspiciously. He noticed one of them giving instructions to two of the men to approach
Manatad. Catamora followed the two men, but sensing that they were being followed, the men went to
the middle of the road and engage Catamora to a gun battle. Catamora then heard a series of shots
from the other group and afterwards, he saw Manatad sprawled on the ground. Catamora sought
refuge at a nearby building from where he saw 2 persons take Manatad’s gun and fired at him to make
sure he was dead. The group then fled the scene.

Later on, 2 teams of police officers were tasked to conduct surveillance on a suspected safehouse of
members of the NPA sparrow unit in Cebu City. When they reached the place, the group saw Rodrigo
Dasig and Nunez trying to escape. The two men were apprehended, and their firearms were
confiscated. Dasig confessed in the hospital that he and the group of Nunez killed Manatad and that he
and Nunez were members of the Sparrow unit. He was found guilty of murder with direct assault.

HELD: Dasig should be prosecuted for rebellion. Appellant not only confessed voluntarily his
membership with the Sparrow unit, but also his participation and that of his group in the killing of
Manatad. The Sparrow unit is the liquidation squad of the NPA with the objective of overthrowing the
duly constituted government. It is therefore not hard to comprehend that the killing of Manatad was
committed as a means to or in furtherance of the subversive ends of the NPA. As such, appellant is
liable for rebellion and not murder with direct assault upon a person in authority.

Acts committed in furtherance of rebellion though crimes in themselves are deemed absorbed in one
single crime of rebellion. The act of killing a police officer, knowing too well that the victim is a person in
authority, is a mere component of rebellion or an act done in furtherance of rebellion. It cannot be
made the basis of a separate charge.

20. Suggested answer: Yes. Sedition, in its general sense, is the raising of commotions or disturbances in
the State. The ultimate object is violation of public peace. The act was committed ‘tumultuously’ which
means that it is caused by more than three persons who are armed or provided with means of violence.

Are common crimes absorbed in sedition? NO, according to jurisprudence.

21. WHO ARE PUBLIC OFFICERS

The term public officer, per article 203, is any person, who, by direct provision of law, popular election
or appointment by competent authority, shall take part in the performance of public functions in the
government, or shall perform in said government or in any of its branches public duties as an employee,
agent or subordinate official of any rank or class
A. There is no distinction between a public office and a public employee so long as the person: (i) takes
part in performance of public functions or (ii) performs public duties

B. It is not the nature of the appointment which counts but the duties performed. They may be
permanent, temporary or casual officers. Hence one appointed as mere laborer but whose function is to
sort and file money orders, or emergency helper but whose functions include custody of documents, is a
public officer

C. They include members of a special body created by law, to perform a function for the government, as
in the Centennial Commission

22. The crime of arbitrary detention assumes several forms:

(1) Detaining a person without legal grounds under;

(2) Having arrested the offended party for legal grounds but without warrant of arrest, and the public
officer does not deliver the arrested person to the proper judicial authority within the period of 12, 18,
or 36 hours, as the case may be; or

(3) Delaying release by competent authority with the same period mentioned in number

23. What is the difference between violation of domicile and trespass to dwelling? (2%)

SUGGESTED ANSWER:

The differences between violation of domicile and trespass to dwelling are;

1) The offender in violation of domicile is a public officer acting under color of authority; in trespass to
dwelling, the offender is a private person or public officer acting in a private capacity.

2) Violation of domicile is committed in 3 different ways: (1) by entering the dwelling of another against
the will of the latter; (2) searching papers and other effects inside the dwelling without the previous
consent of the owner; or (3) refusing to leave the premises which he entered surreptitiously, after being
required to leave the premises.

3) Trespass to dwelling is committed only in one way; that is, by entering the dwelling of another against
the express or implied will of the latter.

# 24 Memorize RPC, Article 157 on evasion of service of sentence

Art. 157. Evasion of service of sentence. — The penalty of prision correccional in its medium and
maximum periods shall be imposed upon any convict who shall evade service of his sentence by
escaping during the term of his imprisonment by reason of final judgment. However, if such evasion or
escape shall have taken place by means of unlawful entry, by breaking doors, windows, gates, walls,
roofs, or floors, or by using picklocks, false keys, deceit, violence or intimidation, or through connivance
with other convicts or employees of the penal institution, the penalty shall be prision correccional in its
maximum period.

#25 Absorbed as an element in the crimes of rebellion, insurrection, sedition, or attempted coup d’ etat.
Rule 1: If the crime committed with the use of an illegal firearm is penalized with a maximum penalty
which is lower than that prescribed in RA 10591 for illegal possession of firearm, the penalty for illegal
possession of firearm shall be imposed in lieu of the penalty for the crime charged.
Rule 2: If the crime committed with the use of an illegal firearm is penalized with a maximum penalty
which is equal to that imposed under RA 10591, the penalty of prision mayor in its minimum period
shall be imposed in addition to the penalty for the crime.

However, if the unlicensed firearm was not used in the commission of the other crime, the absorption
principle is also not applicable. The two offenses will be treated as distinct and separate from each
other.
SUMMARY:

Case Rule
1. Rebellion, Insurrection, Sedition, or Attempted Absorbed as an element.
Coup d’ etat
2. Illegal Firearms was inherent (i.e. it was used) Aggravating Circumstance, provided:
Rule 1 or Rule 2.
3. Illegal Firearms was only incidental (i.e. it was Distinct and separate offenses.
not used)

#26 : It depends.

If the unlicensed firearm was inherent in the commission of the other crime, the trial court cannot
convict the accused of two crimes. The violation with RA 10591 will be an aggravating circumstance,
subject to the Rules 1 and 2, as provided for in Section 29 of RA 10591.

However, if the unlicensed firearm was merely incidental and not inherent in the commission of the
other crime, the trial court can convict the accused of two crimes. As provided for in said provision, if
the other crime is committed without using the unlicensed firearm, the violation of RA 10591 shall be
considered as a distinct and separate offense.

#27 No. Accused cannot be convicted separately of the crime of illegal possession of firearms and direct
assault with attempted homicide.

Under the provisions of RA 8264, if the accused committed another crime he cannot be convicted under
illegal possession of firearm.

In the case at bar, since the accused committed attempted homicide while using the unlicensed firearm,
he cannot be held liable to the charge of illegal possession of firearm.
Therefore, the accused can only be held liable for direct assault with multiple attempted homicide.
(People vs. Ladjalaam, G.R. No. 136149-51, Sept. 19, 2000)
#28 A Public Officer is any person who, by direct provision of the law, popular election or appointment
by competent authority, shall take part in the performance of public functions in the Government of the
Philippine Islands, of shall perform in said Government or in any of its branches public duties as an
employee, agent or subordinate official, of any rank or class

A person in authority is one “directly vested with jurisdiction” or have the power and authority to
govern and execute laws

An Agent of a person in authority is one who is charged with (a) maintenance of peace and order (b)
protection and security of life and property

#29 Cases of Direct Assault

People vs. Dollantes – A brgy. Chairman is a person in authority.

People vs. Beltran – the agent/person in authority must be performing his official duty.

#30
Resistance or serious disobedience
Person in authority or his agent must be in actual performance
of his duties
Committed only by resisting or seriously disobeying
Force employed is not so serious, as there is no manifest
intention to defy the law and the officers
Direct assault
Person in authority or his agent must be engaged in the
performance of official duties or that he is assaulted by reason
thereof
(2nd type) committed by attacking, employing force, seriously
intimidating or seriously resisting
Attack or employment of force must be serious and deliberate.
But if the one resisted is a person in authority, any degree of
force is direct assault.

#31 “CHARIVARI” includes a medley of discordant voices, a mock serenade of discordant noises made on
kettles, tins, horns, etc., designed to annoy and insult.

32. VG, JG, GG and JG conspired to overthrow the Philippine

government. VG was recognized as the titular head of the conspiracy.
Several meetings were held and the plan was finalized. JJ, bothered by
his conscience. Confessed to Father Abraham that he, VG, JG and GG
have conspired to overthrow the government. Father Abraham did not
report this information to the proper authorities. Did Father Abraham
commit a crime? If so, what crime was committed?

No. Father Abraham did not commit a crime because the conspiracy involved is
one to commit rebellion, not a conspiracy to commit treason which makes a person
criminally liable under Article 116 of the Revised Penal Code. And even assuming
that it will fall as misprision of treason, Father Abraham is exempted from criminal
liability under Art. 12, par. 7, as his failure to report can be considered as due to
 "insuperable cause", as this involves the sanctity and inviolability of a confession.

Conspiracy to commit rebellion results in criminal liability to the co-conspirators,

but not to a person who learned of such and did not report to the proper authorities
(US vs. Vergara, 3 Phil. 432; People vs. Atienza. 56 Phil. 353).

There is no such crime as misprision of rebellion.

33. A, a lady professor, was giving an examination. She noticed B, one of the
students, cheating. She called the student's attention and confiscated his
examination booklet, causing embarrassment to him. The following day, while
the class was going on, the student, B, approached A and, without any
warning, slapped her. B would have inflicted further injuries on A had not C,
another student, come to A's rescue and prevented B from continuing his
attack. B turned his ire on C and punched the latter. What crime or crimes, if
any, did B commit? Why?

B committed two (2) counts of direct assault: one for slapping the professor, A, who
was then conducting classes and thus exercising authority; and another one for the
violence on the student C, who came to the aid of the said professor.

By express provision of Article 152, in relation to Article 148 of the Revised Penal Code,
teachers and professors of public or duly recognized private schools, colleges and
universities in the actual performance of their professional duties or on the occasion of
such performance are deemed persons in authority for purposes of the crimes of direct
assault and of resistance and disobedience in Articles 148 and 151 of said Code. And
any person who comes to the aid of persons in authority shall be deemed an agent of a
person in authority. Accordingly, the attack on C is, in the eyes of the law, an attack on
an agent of a person in authority, not just an attack on a student.