CRIMES AGAINST PUBLIC ORDER

1. Art 134 RPC

Rebellion; elements:
a. There be a public uprising and taking arms against the government;
b. The purpose of the uprising or movement is either—
i. To remove from the allegiance to said government or its laws:
 The territory of the Philippines or any naval part thereof; or
 Any body of land, naval or other armed forces; or

ii. To deprive the Chief Executive or Congress, wholly or partially, of

any of their powers or prerogatives.
Example: 150 newly graduated PNP members from PNP Counter
Insurgency Training gained control of the Police Regional Office 2 by
fighting with the guard at post and proclaimed the independence of
Region 2 as independent state. The 150 PNP members were suppressed
by the newly graduated PNP SAF members. There is public uprising and
taking arms against the government when they fought the PNP SAF
members. By proclaiming the independence of Region 2, they removed it
under the control of the Philippines or any of its part.
2. Art 134-A RPC
Coup d’etat; elements:
a. Offender is a person or persons belonging to the military of police or
holding any public office or employment;
b. It is committed by means of a swift attack accompanied by violence,
intimidation, threat, strategy or stealth;
c. The attack is directed against duly constituted authorities or 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;
d. The purpose of the attack is to seize or diminish state power.

Note: The crime of coup d’etat may be committed with or without

civilian participation.

Example: Members of the 2008 PNP Counter Insurgency Units left their
PNP post
3. Art 136 RPC
Conspiracy and proposal to commit coup d’etat, rebellion or insurrection:
a. Conspiracy to commit rebellion
When two or more persons come to an agreement to rise publicly and
take arms against the Government for any of the purposes of rebellion
and decide to commit it.

b. Proposal to commit rebellion

There is proposal to commit rebellion when the person who has decided
to rise publicly and take arms against the Government for any of the
purposes of rebellion proposes its execution to some other person or
persons.
4. Art 137 RPC
Disloyalty of public officers or employees; elements:
Acts of disloyalty which are punished:
i. By failing to resist a rebellion by all the means in their power; or
ii. By continuing to discharge the duties of their offices under the control
of the rebels; or
iii. By accepting appointment to office under them.
Note: The offender must be a public officer or employee.
5. Art 138 RPC
Inciting to rebellion or insurrection; elements:
a. The offender does not take arms or is not in open hostility against the
Government;
b. He incites others to the execution of any of the acts of rebellion;
c. The inciting is done by means of speeches, proclamations, writings,
emblems, banners or other representations tending to the same end.

Note: “Shall incite others to the execution of any of the acts specified in
art 134 of the RPC” means that the offender shall incite others to rise
publicly and take arms against the government for any of the purposes of
rebellion.

6. Art 139 RPC

Sedition; elements:
i. The offender rise publicly and tumultuously;
ii. They employ force, intimidation or other means outside of legal
methods;
iii. The offenders employ any of the those means to attain 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 part thereof.
Rebellion and Sedition distinguished:
In both rebellion and sedition, there must be public uprising. While in
rebellion there must be taking arms against the government, in sedition, it is
sufficient that the public uprising is TUMULTUOUS.

Sedition distinguished from treason:

 Treason is the violation by a subject of his allegiance to his sovereign.
Sedition is the raising of commotions or disturbance in the State.

Can Sedition be committed by one person? No.

7. Art 141 RPC

Conspiracy to Commit Sedition

8. Art 142 RPC

Inciting to Sedition

Different acts of inciting to sedition:

i. Inciting others to the accomplishment of any of the acts which
constitute sedition by means of speeches, proclamations, writings,
emblems;
ii. Uttering seditious words or speeches which tend to disturb the public
peace;
iii. Writing, publishing, or circulating scurrilous libels against the
government or any of the duly constituted authorities thereof, which
tend to disturb the public peace.

Problem on uttering seditious words: A and B met infront of the Provincial

Capitol and there, they agreed to discuss about the administration of
Governor Kurakot of Province of Walang Asenso. Infront of the capitol,
both shouted a number of times: “The citizens of Province of Walang
Asenso must use arms and bolos for cutting off Kurakot’s head for having a
bad official of the province”.

9. Art 143 RPC

Acts tending to prevent meeting of the Assembly and similar bodies;
elements:
a. That there be a projected or actual meeting of the National
Assembly(Congress), constitutional committees or divisions thereof, or
of any provincial board or city or municipal council or board;
b. That the offender who may be any person prevents such meeting by force
or fraud.

Example: The Chief of Police and the Municipal Mayor, while the
Municipal Councils are in session/meeting, prevents the conduct of such
meeting by force.

10.Art 144 RPC

Disturbance of Proceedings; elements:
a. That there be a meeting of the National Assembly 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;
b. That the offender does any of the following acts:
i. He disturbs any of such meetings;
 ii. 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.
Example: While the meeting of the municipal officials are going on,
PMAJ Manalo keep on talking, although he was being asked to sit down
and there was a heated exchange of words between the Mayor and the
Chief of Police. Is the Chief of Police liable under this article?
NO. The meeting is not conducted by the municipal council, the COP not
being a member of the municipal council but a participant during the
meeting of all municipal officials.

11.Art 146 RPC

Illegal Assemblies
What are illegal assemblies?
a. Any meeting attended by armed persons for the purpose of committing
any of the crimes punishable under the RPC; and
b. Any meeting in which the audience, whether armed or not, is incited to
the commission of the crime of Treason, rebellion or insurrection,
sedition, or assault upon a person or his agents.

12.Art 147 RPC

Illegal Associations
What are illegal associations?
a. Associations totally or partially for the purpose of committing any of the
crimes under the RPC;
b. Associations totally or partially organized for some purpose contrary to
public morals.

13.Art 148 RPC

Direct Assaults
There are two ways of committing the crime of direct assaults:
i. Without public uprising, by employing force or intimidation for the
attainment of any of the purposes enumerated in defining the crimes
of rebellion and sedition;
ii. Without public uprising, by attacking, by employing force, or by
seriously intimidating or 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.

Elements of the first form of direct assault:

a. That the offender employs force or intimidation;
b. 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 sedition;
c. That there is NO PUBLIC UPRISING.

Example: A, is a candidate for the position of Sanggunian Bayan for the

2021 National and Local Election. While he was waiting outside of the
polling precints together with his loyalist, he saw the group of his
 separatist/opponent and thereat, he prevented them to go inside the
polling precint by using threatening them and by employing his armed
men by force. A is liable for the crime of direct assault because he
prevented the holding of a popular election.

Elements of the second form of direct assault:

a. That the offender makes an attack, employs force or makes a serious
intimidation or makes a serious resistance;
b. That the person assaulted is a person in authority or his agent;
c. That at the time of the assault the person in authority or his agent is
engaged in the actual performance of official duties or that he is
assaulted, by reason of the past performance of official duties;
d. That the offender knows that the none he is assaulting is a person in
authority or his agent in the exercise of his duties.

Example: A is accused of the crime of Theft before the court of Judge B.

He was convicted based on the evidence on record. He applied for
probation and was released. While A was on vacation, he chanced upon
to see Judge B also on vacation in the same place. Angered by his
conviction, he assaulted Judge B by punching and kicking him. What
crime did A commit?
Answer: A is liable of the crime of Direct Assault. He makes an attack
upon a person in authority by reason of the past performance of official
duties of Judge B.

14.Art 149 RPC

Indirect Assault; elements:
a. That an Agent of a Person in Authority is the victim of any of the forms
of direct assault;
b. That a person comes to the aid of the APA; and
c. That the offender makes use of force or intimidation upon such person
coming to the aid of the APA.
Note: Indirect assault can be committed only when a direct assault is also
committed.

Note: A private individual coming to the aid of a Person in Authority is

himself an Agent of a Person in Authority(APA). Thus, the rules are:
i. If the victim is a Person in Authority(PA) who is the subject of a
direct assault and the 3rd person coming to his aid(who then becomes
an APA) is likewise attacked, the crime committed against the 3rd
person will be direct assault, resistance or disobedience depending on
the degree of force or violence used by the offender.
ii. If the victim is an APA, it depends:
 If direct assault is being committed against the APA, the attack
against the 3rd person will constitute INDIRECT ASSAULT.
 If only RESISTANCE or DISOBEDIENCE is being committed
against the APA, the attack against the 3rd person is either
Physical Injuries or Coercion as the case may be.
 Example on Nr 1: A is a Municipal Mayor of Municipality of
Roxas. While A is performing his official duties inside the
municipal hall, Y who is an employee of the same municipality,
attacked and seriously intimidates A, the Mayor. On rescue, C
pacified but Y turns his anger to C and likewise attacked him
with a wooden arnis. What crime did C commit? Answer: Y is
liable for two counts of Direct assault. One case of Direct
assault for attacking the Mayor who was performing his official
duties and another one of Direct Assault for attacking C who
becomes an Agent of a Person in Authority when he comes to
aid a Person in Authority.

Example Nr 2: PO1 X is on duty within the vicinity of the

Public Market. While he is on-foot patrol, he was seriously
attacked by a drunk butcherman using a long bolo. Y, a private
individual, intervened and pacified but he was also attacked by
the butcherman. What crime did the butcherman commit?
Answer: He is liable for the crime of Direct Assault for
attacking the police officer and a crime of Indirect Assault for
attacking the private individual who comes to the aid of APA.

15.Art 151 RPC

Resistance and Disobedience to a Person in Authority or the Agents of such
person
a. Elements of Resistance and Serious Disobedience:
 That a Person in Authority (PA) or his Agent of a person in
Authority (APA) is engaged in the performance of official duty or
gives a lawful order to the offender;
 That the offender resists or seriously disobeys such person in
authority or his agent; and
 That the act of the offender is not included in the provisions of Art
148-150 of the RPC.

b. Elements of Simple Disobedience:

 That an APA is engaged in the performance of official duty or
gives a lawful order to the offender;
 That the offender disobeys such APA; and
 That such disobedience is not of a serious nature.

Note: The disobedience contemplated consists in the failure or

refusal to obey a direct order from the PA or APA.

Example of Resistance and Serious Disobedience: PO1 Malayo, armed with

a warrant of arrest, effected the same against C, the accused. While effecting the
arrest, C struck PO1 Malayo with a fist on the latter’s stomach. What crime did C
commit? He is liable for the crime of Resistance and Serious Disobedience.

16.Art 155 RPC

Alarms and Scandal; elements:
 Acts punished as alarms and scandals:
 Discharging any firearm, rocket, firecracker or other explosives within
any town or public place, calculated to cause alarm or danger;
 Instigating or taking an active part in any charivari or other disorderly
meeting offensive to another or prejudicial to public tranquility;
 Disturbing the public peace while wandering about at night or while
engaged in any other nocturnal amusements;
 Causing any disturbance or scandal in public places while intoxicated
or otherwise, provided Art 153 is not applicable.

17.Art 156 RPC

Delivering Prisoners from Jail; elements:
a. That there is a person confined in a jail or penal establishment; and
b. That the offender removes therefrom such person or helps the escape of
such person.
Note: If the offender is a public officer who is actually and presently in
custody or charge of the prisoner(guard on duty), he is liable for
Infidelity in the Custody of Prisoner under Art 223 of the Revised Penal
Code.

Liability of the prisoner who escapes:

a. If a detention prisoner, he is not criminally liable.
b. If a convict by final judgment, he is liable for evasion of service of his
sentence under Art 157 RPC.

If the delivery of the prisoner was committed through bribery:

a. The briber commits corruption of a public officer under Art 212 RPC
and delivering prisoners from jail.
b. The jailer, if a public officer, commits infidelity in the custody of
prisoners and bribery
c. The prisoner commits evasion of service of sentence if he is already
convicted by final judgment.

18.Art 157 RPC

Evasion of Service of Sentence; elements:
a. That he is serving his sentence which consists in deprivation of liberty;
b. That he evades the service of his sentence by escaping during the term of
his sentence.
Note: if the accused escaped while the sentence of conviction was under
appeal, he is not liable under this article.

Example: A is convicted by final judgment of the crime of Murder. While

serving his sentence inside of the NBP in Muntinlupa, he managed to escape
through bribery. He is liable under this article because he is already serving
his sentence when he escaped.

19.Art 160 RPC

Commission of another crime during service of penalty imposed for another
previous offense(Quasi-Recidivism)
Elements:
a. That the offender was already convicted by final judgment of one
offense;
b. That he committed a new FELONY before beginning to serve such
sentence or while serving the same.

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.