Question 5 (1 point)

Distinguish between rebellion and coup d'etat

ART. 134. Rebellion or insurrection – How committed. – The crime of rebellion or insurrection
is committed by rising publicly and taking up arms against the Government for the purpose of
removing from the allegiance to said Government or its laws, the territory of the Republic of
the Philippines or any part thereof, of any body of land, naval or other armed forces, or
depriving the Chief Executive or the legislature, wholly or partially, of any of their powers or
prerogatives.
On the other hand, a coup d’ etat is defined as follows:
ART. 134-A. Coup d’ etat. – How committed. – The crime of coup d’ etat is a swift attack
accompanied by violence, intimidation, threat, strategy or stealth, directed against the 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.

The crime of rebellion or insurrection is committed only by “rising publicly or taking up arms
against the Government”. A coup d’ etat, on the other hand, takes place only when there is a
“swift attack accompanied by violence.” Once the act of “rising publicly and taking up arms
against the Government” ceases, the commission of the crime of rebellion ceases. Similarly,
when the “swift attack” ceases, the crime of coup d’ etat is no longer being committed.

Rebellion has been held to be a continuing crime, and the authorities may resort to
warrantless arrests of persons suspected of rebellion, as provided under Section 5, Rule 113
of the Rules of Court. However, this doctrine should be applied to its proper context – i.e.,
relating to subversive armed organizations, such as the New People’s Army, the avowed
purpose of which is the armed overthrow of the organized and established government. Only
in such instance should rebellion be considered a continuing crime.
Question 6 (1 point) Distinguish Between Inciting to Rebellion and Proposal to Commit Rebellion

In both proposal and inciting to commit rebellion, the offender induces others to commit
rebellion. However, in inciting to rebellion, the inducement is made publicly; while in proposal,
the inducement is done secretly. According to Albert, there is no proposal where there is
publicity in the incitation or provocation. In sum, the offender in proposal to commit rebellion
does not induce others by means of speeches, proclamations, writings, emblems, banners.

Question 7 (1 point) Distinguish Between Sedition and Rebellion

ART. 139. Sedition - How committed. - The crime of sedition is committed by persons who
rise publicly and tumultuously in order to attain by force, intimidation, or by other means
outside of legal methods, any of the following objects:

To prevent the promulgation or execution of any law or the holding of any popular election;
To prevent the National Government, or any provincial or municipal government, or any public
officer thereof from freely exercising its or his functions, or prevent the execution of any
administrative order;
To inflict any act of hate or revenge upon the person or property of any public officer or
employee;
To commit, for any political or social end, any act of hate or revenge against private persons
or any social class; and
To despoil, for any political or social end, any person, municipality or province, or the National
Government of all its property or any party thereof.

Rebellion and insurrection refer specifically to acts of violence against the state or its officers.
This distinguishes the crime from sedition, which is the organized incitement to rebellion or
civil disorder against the authority of the state