4 KHAAg N7 JF OBcj Ge 260

Student Handout in Criminal Law (Book 2) – Prelims
CLJ 4 – CRIMINAL LAW 2

TITLE THREE
CRIMES AGAINST PUBLIC ORDER
ART. 134. REBELLION OR INSURRECTION

ELEMENTS:
1. That there be a public armed uprising; and
2. That the purpose of the uprising or movement is either:
a. to remove from the allegiance to said government or its laws the territory of the
Philippines or any part thereof or anybody 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.
PERSONS LIABLE:
1. Any person who: (a) promotes, (b) maintains, or (c) heads a rebellion or insurrection (leader);
2. Any person merely participating or executing the command of others in rebellion
(participant); and
3. 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 rebels (person deemed leader
when leader is unknown).
NOTES:
• Rebellion is the term used where the object of the movement is completely to
overthrow and supersede the existing government.
• Insurrection refers to a movement which seeks merely to effect some change of minor
importance to prevent the exercise of governmental authority w/ respect to particular matters or
subjects.
• Purpose of the uprising must be shown but it is not necessary that it be
accomplished.
• If there is no public uprising, the crime is direct assault.
Instructor: SHERWIN H. PINALGAN, LPT, JD Mobile Number: +63 919 002 7591
Facebook www.facebook.com.ph/ Email Address:
ART. 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. Committed by means of swift attack, accompanied by violence, intimidation, threat, strategy or stealth;
3. Directed against:
a. duly constituted authorities of the Philippines
b. any military camp or installation
c. communication networks, public utilities or other facilities needed for the exercise and
continued possession of power
4. For the purpose of seizing or diminishing state power.
PERSONS LIABLE:
1. Any person who leads or in any manner directs or commands others to undertake coup d’etat
(leaders);
2. Any person in the government service who participates or executes directions or commands of others in
undertaking coup d’etat (participants from government);
3. Any person not in the government service who participates, or in any manner, supports, finances,
abets, or aids in undertaking a coup d’etat (participants not from government); and
4. 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 rebels (deemed leader if leader is
unknown)
ART. 135. PENALTY FOR REBELLION, INSURRECTION OR COUP D’ ETAT

WHO ARE LIABLE AND PENALTIES:
REBELLION:
1. Leaders – Reclusion Perpetua
2. Participants – Reclusion Temporal
3. Deemed leader – Reclusion Perpetua
COUP D’ETAT:
1. Leaders – Reclusion Perpetua
2. Participants (gov’t) – Reclusion Temporal
3. Participants (not gov’t) – Prision Mayor
4. Deemed leader – Reclusion Perpetua
ART. 136. CONSPIRACY AND PROPOSAL TO COMMIT COUP D’ ETAT,

REBELLION OR INSURRECTION
ELEMENTS OF CONSPIRACY:
1. Two or more persons come to an agreement to rise publicly and take arms against the
government;
2. For any of the purposes of rebellion; and
3. They decide to commit it.
ELEMENTS OF PROPOSAL:
1. A person who has decided to rise publicly and take arms against the government;
2. For any of the purposes of rebellion; and
3. Proposes its execution to some other person/s.
ART. 137. DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES

ACTS PUNISHABLE:
1. Failing to resist rebellion by all the means in their power; or
2. Continuing to discharge the duties of their offices under the control of rebels; or
3. Accepting appointment to office under rebels.
NOTES:
• There must be actual rebellion for this crime to be committed.
• It must not be committed in conspiracy with rebels or coup plotters for this crime to
be committed.
• If position is accepted in order to protect the people, not covered by this article.
ART. 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; and
3. That the inciting is done by means of speeches, proclamations, writings, emblems, banners or other
representations tending to the same end.
ART. 139. SEDITION

ELEMENTS:
1. That the offenders rise –
a. Publicly; b. Tumultuously;
2. That they employ force, intimidation, or other means outside of legal methods; and
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 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
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; or
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.
NOTES:
• Sedition is the raising of commotions or disturbances in the State. Its ultimate object is a
violation of the public peace or at least such a course of measures as evidently engenders it.
(People vs. Perez)
• Tumultuous uprising means that it is caused by more than 3 persons who are armed or
provided w/ means of violence.
• In sedition, offender may be a private or public person.
ART. 140. PENALTY FOR SEDITION

PERSONS LIABLE:
1. Leader of the sedition and other persons participating in the sedition.
ART. 141. CONSPIRACY TO COMMIT SEDITION

NOTE:
There must be an agreement and a decision to rise publicly and tumultuously to attain any of the objects
of sedition in order to constitute crime of conspiracy to commit sedition.
ART. 142. INCITING TO SEDITION

ACTS PUNISHABLE:
1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of
speeches, proclamations, writings, emblems etc.
2. Uttering seditious words or speeches which tend to disturb the public peace;
3. Writing, publishing, or circulating scurrilous [vulgar, mean, libelous] libels against the
government or any of the duly constituted authorities thereof, which tend to disturb the
public peace; or
4. Knowingly concealing such evil practices.
ELEMENTS of ACT 1:
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; and
3. That the inciting is done by means of speeches, proclamations, writing, emblems, cartoons, banners,
or other representations tending to the same end.
UTTERING AND WRITING PUNISHABLE:
1. when they tend to disturb or obstruct any public officer in executing the functions of his office;
2. when they tend to instigate others to cabal and meet together for unlawful purposes;
3. when they suggest or incite rebellious conspiracies or riots; or
4. when they lead or tend to stir up the people against the lawful authorities or to disturb the peace
of the community, the safety and order of the government.
ART. 143. ACTS TENDING TO PREVENT THE MEETING OF THE ASSEMBLY AND
SIMILAR BODIES
ELEMENTS:
1. A projected or actual meeting of Congress or any of its committees or subcommittees, constitutional
commissions or committees or divisions thereof, or of any provincial board or city or municipal council
or board; and
2. That the offender who may be any person prevents such meeting by force or fraud.
NOTE: 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

ELEMENTS:
1. An actual meeting of Congress or any of its committees, constitutional commissions or
committees or divisions thereof, or of any provincial board or city or municipal council or
board; and
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.
NOTE: Complaint must be filed by member of the Legislative body. Accused may also be punished for
contempt by the legislative body.
ARTICLE 145. VIOLATION OF PARLIAMENTARY IMMUNITY

ACTS PUNISHABLE:
1. By using force, intimidation, threats, or fraud to prevent any member of Congress from
attending the meeting of the assembly or any of its committees, constitutional commissions or
committees or divisions thereof, or from expressing his opinions or casting his vote.
ELEMENTS:
1. Offender uses force, intimidation, threat or fraud
2. Purpose is to prevent any member of Congress from:
a. Attending the said meetings;

b. Expressing his opinions; or
c. Casting his vote.
2. By arresting or searching any member thereof while Congress is in a regular or special
session, except in case such member has committed a crime punishable under the code by a penalty
higher than prision mayor.
ELEMENTS:
1. Offender is a public officer or employee;
2. He arrests or searches any member of Congress
3. Congress, at the time of arrest or search is in regular or special session
4. member arrested o searched hasn’t committed a crime by a penalty prision mayor or higher.
ART. 146. ILLEGAL ASSEMBLIES

2 TYPES OF ILLEGAL ASSEMBLIES:
1. Meeting attended by armed persons for the purpose of committing any of the crimes
punishable under the Revised Penal Code;
REQUISITES:
1. There’s a meeting – gather or group of persons whether fixed or moving;
2. Meeting is attended by armed persons and
3. The purpose of meeting is to commit any of the crimes punishable under RPC
2. A meeting in w/c the audience is incited to the commission of the crimes of treason,
rebellion or insurrection, sedition or assault upon a person in authority or his agent.
REQUISITES:
1. There’s a meeting – gather or group of persons whether fixed or moving;
2. Audience whether armed or not is incited to the commission of the crime of treason,
rebellion or insurrection, sedition or direct assault.
ARTICLE 147. ILLEGAL ASSOCIATIONS

2 KINDS OF ILLEGAL ASSOCIATIONS:
1. Organizations totally or partially organized for the purpose of committing any of the crimes in
RPC; or
2. For some purpose contrary to public morals.
PERSONS LIABLE:
1. Founders, directors and president of the association and mere members of the association
ART. 148. DIRECT ASSAULT

2 WAYS TO COMMIT DIRECT ASSAULT:
1. Without public uprising, by employing force or intimidation for attainment of any of the
purposes enumerated in defining the crimes of rebellion and sedition (first form)
ELEMENTS:
1. Offender employs force or intimidation;
2. Aim of offender is to attain any of the purposes of the crime of rebellion and sedition;
3. That there is no public uprising.
2. Without public uprising, by attacking, by employing force or by seriously intimidating or
by seriously resisting any person in authority or any of his agents, while engaged in the
performance of official duties, or on the occasion of such performance, (second form).
ELEMENTS:
1. Offender (a) makes an attack, (b) employs force, (c) makes a serious intimidation, or (d)
makes a serious resistance;
2. Person assaulted is a person in authority or his agent
3. At the time of the assault the person in authority or his agent
a. is engaged in the actual performance of official duties (motive is not essential); or
b. is assaulted by reason of the past performance of official duties (motive is
essential);
c. That the offender knows that the one he is assaulting is a person in authority or his
agent (with intention to offend, injure or assault); and
d. No public uprising.
QUALIFYING CIRCUMSTANCES:
1. When the assault is committed with a weapon;
2. When the offender is a public officer or employee; or
3. When the offender lays hand upon a person in authority
ARTICLE 149. INDIRECT ASSAULT

ELEMENTS:
1. The direct assault is committed against an agent of a person in authority;
2. That the offended party comes to the aid of such agent of a person in authority; and
3. That the offender makes use of force or intimidation upon the said offended party.
NOTES:
• Indirect assault can be committed only when a direct assault is also being committed.
• To be indirect assault, the person who should be aided is the agent and not the person in
authority. In the latter case, it is already direct assault.
ARTICLE 150. DISOBEDIENCE TO SUMMONS ISSUED BY THE NATIONAL

ASSEMBLY, ITS COMMITTEES OR SUBCOMMITTEES, BY THE
CONSTITUTIONAL COMMISSIONS, ITS COMMITTEES, SUBCOMMITTEES OR
DIVISIONS
ACTS PUNISHABLE:
1. Disobedience w/o legal excuse to summons issued by the Congress or any of its
committees or subcommittees;
2. Refusal of any person present before a legislative or constitutional body or official to:
a) to be sworn or placed under affirmation;
b) to answer any legal inquiry; or (3) to produce books, documents, records etc. when
required to do so by the said bodies in the exercise of their functions;
3. Restraining another from attending as
4. Witness in such body; or
5. Inducing disobedience to a summons or refusal to be sworn.
ARTICLE 151. RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY

OR THE AGENTS OF SUCH PERSON
ELEMENTS – RESISTANCE & 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; and
3. That the act of the offender is not included in the provisions of arts. 148, 149 and 150.
ELEMENTS – SIMPLE DISOBEDIENCE (par. 2)
1. That an agent of a person in authority is engaged in the performance of official duty gives a lawful
order to the offender;
2. That the offender disobeys such agent of a person in authority; and
3. That such disobedience is not of a serious nature.
ARTICLE 152. PERSONS IN AUTHORITY AND AGENTS OF PERSONS IN

AUTHORITY – WHO SHALL BE DEEMED AS SUCH
PERSON IN AUTHORITY – any person directly vested with jurisdiction, whether as an individual or as a
member of some court or governmental corporation, board or commission. They include:
a. Barangay captain
b. Barangay chairman
For the purposes of Art. 148 and 151:
a. Teachers
b. Professors
c. Persons charged with the supervision of public or duly recognized private schools, colleges and
universities
d. Lawyers in the actual performance of their professional duties or on the occasion of such
performance
AGENT OF PERSON IN AUTHORITY – any person who, by direct provision of law or by election or by
appointment by competent authority, is charged with the maintenance of public order and the protection and
security of life and property. They include:
a. Barrio councilman
b. Barrio policeman
c. Barangay leader
d. Any person who comes to the aid of persons in authority
ART. 153. TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER –

TUMULTUOUS DISTURBANCE OR INTERRUPTION LIABLE TO CAUSE
DISTURBANCE
TUMULTS AND OTHER DISTURBANCES:
1. Causing any serious disturbance in a public place, office or establishment;
2. Interrupting or disturbing public performances, functions, gatherings or peaceful meetings, if
the act is not included in Art 131 and 132 (Public Officers interrupting peaceful meetings or religious
worship);
3. Making any outcry tending to incite rebellion or sedition in any meeting, association or
public place;
4. Displaying placards or emblems which provoke a disturbance of public order in such
place;
5. Burying with pomp the body of a person who has been legally executed.
TUMULTUOUS - caused by more than 3 persons who are armed or provided with means of violence.
NOTES:
• If the act of disturbing or interrupting a meeting or religious ceremony is not committed by
public officers, or if committed by public officers who are participants therein, this article
applies. Art
• 131 and 132 punishes the same acts if committed by public officers who are not participants in the
meeting.
ARTICLE 154. UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL

UTTERANCES
ACTS PUNISHABLE:
1. Publishing or causing to be published, by means of printing, lithography or any other means of
publication as news any false news that may endanger the public order, or cause damage
to the interest or credit of the State.
2. Encouraging disobedience to the law or to the constituted authorities or by praising,

justifying or extolling any act punished by law, by the same means or by words, utterances or
speeches.
3. Maliciously publishing or causing to be published any official resolution or document
without proper authority, or before they have been published officially.
4. Printing, publishing or distributing or (causing the same) books, pamphlets, periodicals or
leaflets which do not bear the real printer’s name, or which are classified as anonymous.
ARTICLE 155. ALARMS AND SCANDALS

ACTS PUNISHABLE:
1. Discharging any firearm, rocket, firecracker, or other explosive within any town or public
place, calculated to cause alarm or danger.
2. Instigating or taking 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 amusement.
4. Causing any disturbance or scandal in public places while intoxicated or otherwise,
provided the act is not covered by Art 153 (tumult).
ARTICLE 156. DELIVERING PRISONERS

ELEMENTS:
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.
ART. 157. EVASION OF SERVICE OF SENTENCE

ELEMENTS:
1. That the offender is a convict by final judgment;
2. That he is serving his sentence which consists in deprivation of liberty (destierro included); and
3. That he evades the service of his sentence by escaping during the term of his sentence.
Circumstances qualifying the offense: Evasion of sentence was done through:

1. unlawful entry (by “scaling”)
2. breaking doors, windows, gates, walls, roofs or floors;
3. using picklocks, false keys, disguise, deceit, violence or intimidation; or
4. connivance with other convicts or employees of the penal institution.
ARTICLE 158. EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF

DISORDERS, CONFLAGRATIONS, EARTHQUAKES, OR OTHER CALAMITIES
ELEMENTS:
1. That the offender is a convict by final judgment who is confined in a penal institution.
2. That there is disorder, resulting from:
a. conflagration,
b. earthquake,
c. explosion,
d. similar catastrophe, or
e. mutiny in which he has not participated;
3. That the offender evades the service of his sentence by leaving the penal institution where he is
confined, on the occasion of such disorder or during the mutiny; and
4. That the offender fails to give himself up to the authorities within 48 hours following the
issuance of a proclamation by the Chief Executive announcing the passing away of such
calamity.
ARTICLE 159. OTHER CASES OF EVASION OF SERVICE OF SENTENCE

ELEMENTS:
1. That the offender was a convict;
2. That he was granted a conditional pardon by the chief executive; and
3. That he violated any of the conditions of such pardon.
TWO PENALTIES:
1. Prision correccional in its minimum period – if the penalty remitted does not exceed 6 years.
2. The unexpired portion of his original sentence – if the penalty remitted is higher than 6
years.
ART. 160. COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY

IMPOSED FOR ANTOHER PREVIOUS OFFENSE - PENALTY
NOTE: this article provides for Quasi-recidivism
ELEMENTS:
1. That the offender was already convicted by final judgment of one offense; and
2. That he committed a new felony before beginning to serve such sentence or while
serving the same.
NOTES:
• 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.
• Second crime must belong to the RPC, not special laws. First crime may be either from
the RPC or special laws.
• The aggravating circumstance of reiteracion, on the other hand, requires that the offender shall
have served out his sentence for the prior offense.
• General Rule: A quasi-recidivist may be pardoned at age 70… Exception: Unworthy, or
habitual delinquent
• If new felony is evasion of sentence, offender is not a quasi-recidivist.
• The penalty: maximum period of the penalty for the new felony should be imposed.
Mitigating circumstance can only be appreciated if the maximum penalty is divisible.
• Quasi-Recidivism may be offset by a special privileged mitigating circumstance. (Ex.
Minority)

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Student Handout in Criminal Law (Book 2) – Prelims

CLJ 4 – CRIMINAL LAW 2

ART. 134. REBELLION OR INSURRECTION

ART. 134 – A. COUP D’ ETAT

ART. 135. PENALTY FOR REBELLION, INSURRECTION OR COUP D’ ETAT

ART. 136. CONSPIRACY AND PROPOSAL TO COMMIT COUP D’ ETAT,

ART. 137. DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES

ART. 138. INCITING TO REBELLION OR INSURRECTION

ART. 139. SEDITION

ART. 140. PENALTY FOR SEDITION

ART. 141. CONSPIRACY TO COMMIT SEDITION

ART. 142. INCITING TO SEDITION

ART. 144. DISTURBANCE OF PROCEEDINGS

ARTICLE 145. VIOLATION OF PARLIAMENTARY IMMUNITY

a. Attending the said meetings;

ART. 146. ILLEGAL ASSEMBLIES

ARTICLE 147. ILLEGAL ASSOCIATIONS

ART. 148. DIRECT ASSAULT

ARTICLE 149. INDIRECT ASSAULT

ARTICLE 150. DISOBEDIENCE TO SUMMONS ISSUED BY THE NATIONAL

ARTICLE 151. RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY

ARTICLE 152. PERSONS IN AUTHORITY AND AGENTS OF PERSONS IN

ART. 153. TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER –

ARTICLE 154. UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL

2. Encouraging disobedience to the law or to the constituted authorities or by praising,

ARTICLE 155. ALARMS AND SCANDALS

ARTICLE 156. DELIVERING PRISONERS

ART. 157. EVASION OF SERVICE OF SENTENCE

Circumstances qualifying the offense: Evasion of sentence was done through:

ARTICLE 158. EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF

ARTICLE 159. OTHER CASES OF EVASION OF SERVICE OF SENTENCE

ART. 160. COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY

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