Art. 115. Conspiracy and proposal to commit — Penalty.

— The conspiracy and proposal to commit the

crime of treason shall be punished respectively, by and a fine not exceeding 10,000 pesos, and by prision
and a fine not exceeding 5,000 pesos.

Art. 116. Misprision of treason — Every person owing allegiance to (the United States or) the
Government of the Philippine Islands, without being a foreigner, and having knowledge of any
conspiracy against them, who conceals or does not disclose and make know n the same, as soon as
possible, to the governor or fiscal of the province, or the mayor or fiscal of the city in which he resides,
as the case may be, shall be punished as an accessory to the crime of treason.

Elements:

1. That the offender must be owing allegiance to the Government, and not a foreigner.

2. That he has knowledge of any conspiracy (to commit treason) against the Government.

3. That he conceals or does not disclose and make known the same as soon as possible to the
governor or fiscal of the province or the mayor or fiscal of the city in which he resides.

Art. 117. ESPIONAGE — The penalty of prision shall be inflicted upon any person who:

1. Without authority therefor, enters a warship, fort, or naval or military establishment or

reservation to obtain any information, plans, photographs, or other data of a confidential nature
relative to the defense of the Philippine Archipelago; or
2. Being in possession, by reason of the public office he holds, of the articles, data, or information
referred to in the preceding paragraph, discloses their contents to a representative of a foreign
nation. The penalty next higher in shall be imposed if the offender be a public officer or
employee

Espionage is the offense of gathering, transmitting, or losing information respecting the national
defense with intent or reason to believe that the information is to be used to the injury of the Republic
of the Philippines or to the advantage of any foreign nation. (See the opening sentence of Sec. 1 and
other sections of Commonwealth Act No. 616)

Two ways of committing espionage under Art. 117.

1. By entering, without authority therefor, a warship, fort, or naval or military establishment or

reservation to obtain any information plans, photographs or other data of a confidential nature
relative to the defense of the Philippines.

Elements:
 (a) That the offender enters any of the places mentioned therein;

(b) That he has no authority therefor;

(c) That his purpose is to obtain information, plans, photographs or other data of a confidential
nature relative to the defense of the Philippines. (Guevara)

2. By disclosing to the representative of a foreign nation the contents of the articles, data or
information referred to in paragraph No. 1 of Art. 117, which he had in his possession by reason
of the public office he holds.

Elements:
(a) That the offender is a public officer;
(b) That he has in his possession the articles, data or information referred to in paragraph No. 1
of Art. by reason of the public office he holds;
(c) That he discloses their contents to a representative of a foreign nation.

 COMMONWEALTH ACT 616

SECTION 1. Unlawfully obtaining or permitting to be obtained information affecting
national defense.
SECTION 2. Unlawful disclosing information affecting national defense.
SECTION 3. Disloyal acts or works in time of peace.
SECTION 4. Disloyal acts or words in time of war.
SECTION 5. Conspiracy to violate preceding sections.
SECTION 6. Harboring or concealing violators of the law.
SECTION 7. Designation of prohibited places by proclamation.
SECTION 8. Photographing, etc., defensive installations regulated; penalties.
SECTION 9. Photographing, etc., from aircraft.
SECTION 10. Reproducing, publishing, selling, etc., uncensored copies.
SECTION 11. Destroying or injuring or attempting to injure or destroy war material in
time of war.
SECTION 12. Making or causing war material to be made in defective manner.
SECTION 13. Injuring or destroying national defense material, premises, or utilities.
SECTION 14. Making or causing to be made in a defective manner, or attempting to
make or cause to be made in a defective manner, national defense material.

NOTES:

- Can be committed in both war and peace

-
Art. 118 Inciting to war or giving motives for reprisals -The penalty reclusion temporal shall be imposed
upon any public officer or employee, and that of prision mayor upon any private individual, who, by
unlawful or unauthorized acts, provokes or gives occasion for a war involving or liable to involve the
Philippine Islands or exposes Filipino citizens to reprisals on their persons or property.

Elements:

1. That the offender performs unlawful or unauthorized acts.

2. That such acts provoke or give occasion for a war involving or liable to involve the Philippines or
expose Filipino citizens to reprisals on their persons or property.

Notes:

There are two crimes here: Inciting to war or giving motives for reprisals

- Committed only in time of peace

- The intention of the offender is immaterial; as long as the unlawful or unauthorize acts provoke
or give occasion for a war or expose our citizens to reprisals on their persons or property, the
crime is deemed committed.
- Example: Public destruction of flag or seal of another country, or public manifestations of
hostility to the head or ambassador of another country.

Art. 119 Violation of neutrality. — The penalty of prision correccional shall be inflicted upon anyone
who, on the occasion of a war in which the Government is not involved, violates any regulation issued by
competent authority for the purpose of enforcing neutrality.

Elements:

1. That there is a war in which the Philippines is not involved;

2. That there is a regulation issued by competent authority for the purpose of enforcing neutrality;
3. That the offender violates such regulation.

Art. 120. Correspondence with hostile country. — Any person, who in time of war, shall have
correspondence with an enemy country or territory occupied by enemy troops shall be punished:

1. By prision correccional, if the correspondence has been prohibited by the Government;

2. By prision mayor, if the correspondence be carried on in ciphers or conventional signs; and

3. By reclusion temporal, if notice or information be given thereby which might be useful to the enemy.
If the offender intended to aid the enemy by giving such notice or information, he shall suffer the
penalty of reclusion temporal to death.

Elements:

1. That it is in time of war in which the Philippines is involved;

2. That the offender makes correspondence with an enemy country or territory occupied by enemy
troops;

3. That the correspondence is either — (a) prohibited by the Government, or (b) carried on in ciphers or
conventional signs, or (c) containing notice or information which might be useful to the enemy.

Notes

- There must be an actual war in which the Philippines is involved.

- Correspondence is communication by means of letters; or it may refer to the letters which pass
between those who have friendly or business relations.
- If correspondence is through electronic means, i.e text messages, email, the article does not
apply.
- “Prohibited by the government” is required only in par 1 not so in par 2 and par 3, such
prohibition applies even if the correspondence involves innocent matters only.
- “carried on in ciphers or conventional signs” in par 2 means the correspondence is by means of
a secret or disguised way of writing.
- The word “notice” or “information” in par 3 need not be actually useful to the enemy. It is
enough that it MIGHT be useful to the enemy.
- In par 3, the offense becomes qualified (the effect is an increase in penalty) if the offender
intended to aid the enemy by the giving of such notice or information. (*the crime amounts to
the 2nd way of committing a treason)

Art. 121. Flight to enemy’s country. — The penalty of arresto mayor shall be inflicted upon any person
who, owing allegiance to the Government, attempts to flee or go to an enemy country when prohibited
by competent authority.

Elements:

1. That there is a war in which the Philippines is involved;

2. That the offender must be owing allegiance to the Government;
3. That the offender attempts to flee or go to enemy country;
4. That going to enemy country is prohibited by competent authority.
Notes

- The allegiance here means permanent or temporary allegiance; hence this article applies EVEN
TO A RESIDENT ALIEN.
- But if the resident alien attempts to flee or flees to the enemy country which happens to be his
own country to which he owes permanent allegiance to, it is submitted that he should not be
held liable.

Art. 122. Piracy in general and mutiny on the high seas or in Philippine waters. — The penalty of
reclusion perpetua shall be inflicted upon any person who, on the high seas or in Philippine waters, shall
attack or seize any vessel or, not being a member of its complement nor a passenger, shall seize the
whole or part of the cargo of said vessel, its equipment, or personal belongings of its complement or
passengers.

The same penalty shall be inflicted in case of mutiny on the high seas or in Philippine waters. (As
amended by Sec. 3, Rep. Act No. 7659)

Two ways or modes of committing piracy:

1. By attacking or seizing a vessel on the high seas or in Philippine waters;

2. By seizing in the vessel while on the high seas or in Philippine waters the whole or part of its cargo, its
complement or passengers.

Elements of piracy:

1. That a vessel is on the high seas or in Philippine waters;

2. That the offenders are not members of its complement or passengers of the vessel;

3. That the offenders (a) attack or seize that vessel, or (b) seize the whole or part of the cargo of said
vessel, its equipment or personal belongings of its complement or passengers.

Art. 123. Qualified Piracy — The penalty of reclusion perpetua to death shall be imposed upon those
who commit any of the crimes referred to in the preceding article, under any of the following
circumstances:

1. Whenever they have seized a vessel by boarding or firing upon the same;
2. Whenever the pirates have abandoned their victims without means of saving themselves; or
3. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape. (As
amended by Sec. 3 RA No. 7659)

Section 2 (d) PIRACY UNDER PD 532

Piracy – any attack upon or seizure of any vessel, or the taking away of the whole or part thereof of its
cargo, equipment, or the personal belongings of its complement or passengers, irrespective of the value
thereof, by means of violence against or intimidation of persons or force upon things, committed by any
person, including a passenger or member of the complement of the said vessel, in Philippines waters,
shall be considered as piracy. The offenders shall be considered as pirates and punished as hereinafter
provided.

Section 3 (a) PIRACY UNDER PD 532

The penalty of reclusion temporal in its medium and maximum periods shall be imposed. If physical
injuries or other crimes are committed as a result or on the occasion thereof, the penalty of reclusion
perpetua shall be imposed. If rape, murder or homicide is committed as a result or on the occasion of
piracy, or when the offenders abandoned the victims without means of saving themselves, or when the
seizure is accomplished by firing upon or boarding a vessel, the mandatory penalty of death shall be
imposed.

Definition of mutiny. It is the unlawful resistance to a superior officer, or the raising of commotions and
disturbances on board a ship against the authority of its commander.

Piracy distinguished from mutiny.

In piracy, the persons who attack a vessel or seize its cargo are strangers to said vessels; while in mutiny,
they are members of the crew or passengers.

While the intent to gain is essential in the crime of piracy, in mutiny, the offenders may only intend to
ignore the ship's officers or they may be prompted by a desire to commit plunder.

Philippine Waters. — It shall refer to all bodies of water, such as but not limited to, seas, gulfs, bays
around, between and connecting each of the Islands of the Philippine Archipelago, irrespective of its
depth, breadth, length or dimension, and all other waters belonging to the Philippines by historic or
legal title, including territorial sea, the sea-bed, the insular shelves, and other submarine areas over
which the Philippines has sovereignty or jurisdiction.

Vessel. — Any vessel or watercraft used for transport of passengers and cargo from one place to
another through Philippine waters. It shall include all kinds and types of vessels or boats used in fishing.
 Title Two CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

Chapter One

ARBITRARY DETENTION OR EXPULSION,

VIOLATION OF DWELLING, PROHIBITION, INTERRUPTION,

AND DISSOLUTION OF PEACEFUL MEETINGS

AND CRIMES AGAINST RELIGIOUS WORSHIP

What are the crimes against the fundamental laws of the State?

They are:

1. Arbitrary detention. (Art. 124)

2. Delay in the delivery of detained persons to the proper judicial authorities. (Art. 125)

3. Delaying release. (Art. 126)

4. Expulsion. (Art. 127)

5. Violation of domicile. (Art. 128)

6. Search warrants maliciously obtained and abuse in the service of those legally obtained. (Art. 129)

7. Searching domicile without witnesses. (Art. 130)

8. Prohibition, interruption, and dissolution of peaceful meetings. (Art. 131)

9. Interruption of religious worship. (Art. 132)

10. Offending the religious feelings. (Art. 133)

Section One. — Arbitrary detention and expulsion

Classes of arbitrary detention:

(1) Arbitrary detention by detaining a person without legal ground. (Art. 124)

(2) Delay in the delivery of detained persons to the proper judicial authorities. (Art. 125)

(3) Delaying release. (Art. 126)

The penalties for the three classes of arbitrary detention are the same, as provided in Article 124.
Articles 125 and 126 do not provide penalties for their violation. They make reference to the penalties
provided for in Article 124.

Art. 124. Arbitrary detention — Any public officer or employee who, without legal grounds, detains a
person, shall suffer:

1. The penalty of arresto mayor in its maximum period to prision correccional in its minimum if the
detention has not exceeded three days;

2. The penalty of prision correccional in its medium and maximum if the detention has continued more
than three but not more than fifteen days;

3. The penalty of prision mayor if the detention has continued for more than fifteen days but not more
than six months; and

4. That of reclusion temporal if the detention shall have exceeded six months.

The commission of a crime, or violent insanity or any other ailment requiring the compulsory
confinement of the patient in a hospital, shall be considered legal grounds for the detention of any
person.

Elements of Article 124

1. That the offender if a public officer or employee.

2. That he detains a person.

3. That the detention is without legal grounds.

- restrained resulting from fear is akin to a detention

"Without legal grounds."

The detention of a person is without legal ground:

(1) when he has not committed any crime or, at least, there is no reasonable ground for suspicion that
he has committed a crime, or

(2) when he is not suffering from violent insanity or any other ailment requiring compulsory
confinement in a hospital.
“Has not committed a crime”

Means that the person was arrested without a warrant of arrest and thereafter detained. The issuance
of a warrant presupposes that a criminal case has been filed against a person who can now be arrested
by a police officer or other agents of the law. Crime here applies for RPC and SPLs.

Arrest without warrant — when lawful.

A peace officer or a private person may, without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;

IN FLAGRANTE DELICTO (Caught in the act)

(b) When an offense has in fact just been committed, and he has probable cause to believe based on
personal knowledge of facts and circumstances that the person to be arrested has committed it; and

DOCTRINE OF “HOT” PURSUIT

(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place
where he is serving final judgment or temporarily confined while his case is pending, or has escaped
while being transferred from one confinement to another. (Sec. 5, Rule 113, Revised Rules of Criminal
Procedure)

ESCAPEES

Art. 125. Delay in the delivery of detained persons to the proper judicial authorities. — The penalties
provided in the next preceding article shall be imposed upon the public officer or employee who shall
detain any person for some legal ground and shall fail to deliver such person to the proper judicial
authorities within the period of: twelve (12) hours, for crimes or offenses punishable by light penalties,
or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or
their equivalent; and thirty-six (36) hours, for crimes or offenses punishable by afflictive or capital
penalties, or their equivalent.

In every case, the person detained shall be informed of the cause of his detention and shall be allowed,
upon his request, communicate and confer at any time with his attorney or counsel. (As amended by
Exec. Order No. 272)

Elements:

1. That the offender is a public officer or employee.

2. That he has detained a person for some legal ground.

3. That he fails to deliver such person to the proper judicial authorities within:
 a. twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent; or

b. eighteen (18) hours, for crimes or offenses punishable by correctional or their equivalent; or

c. thirty-six (36) hours, for crimes or offenses punishable by or capital penalties, or their
equivalent.

*The detention here is legal in the beginning, because the person detained was arrested under the
circumstances of a valid warrantless arrest. The detention becomes arbitrary when no criminal cased
was filled against the detained person after a certain period of time (12-18-36hrs)

"Proper judicial authorities."

The term "judicial authorities", as used in Art. 125, means the courts of justice or judges of said courts
vested with judicial power to order the temporary detention or confinement of a person charged with
having committed a public offense, that is, the "Supreme Court and such inferior courts as may be
established by law." (Section 1, Article VIII of the 1987 Constitution)

The judicial authorities mentioned in Section 125 of the Revised Penal Code cannot be considered to
include the fiscal of the City of Manila or any other city, because they cannot issue a warrant of arrest or
of commitment for temporary confinement of a person surrendered to legalize the detention of the
person arrested without warrant. (Sayo vs. Chief of Police, supra)

Inquest

Is an informal and summary investigation conducted by a public prosecutor in criminal cases involving
persons arrested without warrant for the purpose of determining whether or not said persons should
remain under custody and correspondingly charged in court.

Rights of the person detained:

1. He shall be informed of the cause of his detention; and

2. He shall be allowed, upon his request, to communicate and confer at anytime with his attorney or
counsel. (Art. 125, par. 2)

Reason for the provisions of Article 125

Article 125 of the Revised Penal Code is intended to prevent any abuse resulting from confining a
person without informing him of his offense and without permitting him to go on bail. (Laurel vs. Misa,
76 Phil. 372)
Art. 125 distinguished from Art. 124

In arbitrary detention under Art. 124, the detention is illegal from the beginning; in arbitrary detention
under Art. 125, the detention is legal in the beginning but the illegality of the detention starts from the
expiration of any of the periods of time specified in Art. 125, without the detained prisoner detained
having been delivered to the proper judicial authority.

Art. 126. Delaying release — The penalties provided for in Article 124 shall be imposed upon any public
officer or employee who delays for the period of time specified therein the performance of any judicial
or executive order for the release of a prisoner or detention prisoner, or unduly delays the service of the
notice of such order to said prisoner or the proceedings upon any petition for the liberation of such
person.

Three acts are punishable under Art. 126.

1. By delaying the performance of a judicial or executive order for the release of a prisoner.

2. By unduly delaying the service of the notice of such order to said prisoner.

3. By unduly delaying the proceedings upon any petition for the liberation of such person.

Elements for Article 126

a. That the offender is a public officer or employee;

b. That there is a judicial or executive order for the release of a prisoner or detention prisoner, or that
there is a proceeding upon a petition for the liberation of such person.

c. That the offender without good reason delays: (1) the service of the notice of such order to the
prisoner, or (2) the performance of such judicial or executive order for the release of the prisoner, or (3)
the proceedings upon a petition for the release of such person.

Art. 127 Expulsion. —the penalty of prision correccional shall be imposed any public officer or
employee who, not being thereunto authorized by law, shall expel any person from the Philippine
Islands or shall compel such person to change his residence.

Two acts are punishable under Art. 127:

1. By expelling a person from the Philippines.

2. By compelling a person to change his residence.

Elements of Art 127:

a. That the offender is a public officer or employee.

b. That he expels any person from the Philippines, or compels a person to change his residence.

c. That the offender is not authorized to do so by law

Section Two. — Violation of domicile

What are the crimes known as violation of domicile?

They are: Violation of domicile by entering a dwelling against the will of the owner thereof or making
search without previous consent of the owner. (Art. 128)

Art. 128. Violation of Domicile — The penalty prision correccional in its minimum period shall be
imposed upon any public officer or employee who, not being authorized by judicial order, shall enter
any dwelling against the will of the owner thereof, search papers or other effects found therein without
the previous consent of such owner, or, having surreptitiously entered said dwelling, and being required
to leave the premises, shall refuse to do so. If the offense be committed in the night time, or if any
papers or effects not constituting evidence of a crime be not returned immediately after the search
made by the offender, the penalty shall be prision correccional in its medium and maximum period.

Acts punishable under Art. 128.

1. By entering any dwelling against the will of the owner thereof; or

2. By searching papers or other effects found therein without the previous consent of such owner; or

3. By refusing to leave the premises, after having surreptitiously entered said dwelling and after having
been required to leave the same.

Elements common to three acts:

a. That the offender is a public officer or employee.

b. That he is not authorized by judicial order to enter the dwelling and/or to make a search therein for
papers or other effects.

FIRST PUNISHABLE ACT: the public officer enters any dwelling against the will of the owner
“dwelling” – a house, apartment , room or other structure devoted for rest and comfort; a building
where a person resides or lives in.

“against the will” – means there must be a prohibition/opposition to enter whether express or
implied /presumed (door should be closed)

SECOND PUNISHABLE ACT: the public officer searches papers or other effects found therein without the
previous consent of such owner.

THIRD PUNISHABLE ACT: having surreptitiously entered said dwelling, and being required to leave the
premises, the public officer refuses to do so.

Surreptitiously – means kept secret, especially because it would not be approved of.

What is punished here is the refusal of the public officer to leave the premises after being required to do
so, not the surreptitious entrance.

THE VIOLATION BECOMES QUALIFIED WHEN:

1. the offense is committed in the night time

2. if any papers or effects not constituting evidence of a crime be not returned immediately after search
made by the offender.

Art. 129. Search warrants maliciously obtained, and abuse in the service of those legally obtained. —
In addition to the liability attaching to the offender for the commission of any other offense, the penalty
of arresto mayor its maximum period to prision correccional in its minimum and a fine not exceeding
1,000 pesos shall be imposed upon any public officer or employee wh o shall procure a search warrant
without just cause, or, having legally procured the same, shall exceed his authority or use unnecessary
severity in executing the same.

Search warrant- it is an order in writing issued in the name of the People of the Philippines , signed by a
judge and directed to a peace officer, commanding him to search for personal property described
therein and bring it before the court.

“order in writing” – a verbal order is void

Section Three. — Prohibition, interruption

and dissolution of peaceful meetings

Art. 131. Prohibition, interruption and dissolution of peaceful meetings. — The penalty of prision
correccional in its minimum period shall be imposed upon any public officer or employee who, without
legal ground, shall prohibit or interrupt the holding of a peaceful meeting, or shall dissolve the same.

The same penalty shall be imposed upon a public officer or employee who shall hinder any person from
joining any lawful association or from attending any of its meetings.

The same penalty shall be imposed upon any public officer or employee who shall prohibit or hinder any
person from addressing, either alone or together with others, any petition to the authorities for the
correction of abuses or redress of grievances.
Elements:

1. The offender is a public officer or employee.

2. He 1. Prohibits or interrupts without legal ground the holding of a peaceful meeting, or by dissolving
the same, 2. He hinders any person from joining any lawful association or from attending any of its
meetings; 3. Or prohibits or hinders any person from addressing, either alone or together with others,
any petition to the authorities for the correction of the abuses or redress of grievances.

“public officer or employee” refers to public officers in general, not just to those vested with the
authority to make arrests; Example: Mayors, Vice-Mayors, Councillors, Governors.

“without legal ground” there is no valid ground or reason to prohibit, interrupt, or dissolve a peaceful
meeting; this applies only to the first punishable act.

“meeting” includes public gatherings, rallies, and demonstrations (indoor and outdoor)

FIRST PUNISHABLE ACT: Prohibits or interrupts without legal ground the holding of a peaceful meeting.

When is a meeting not peaceful?

1. When the meeting to be held is organized by people who in several times past, have uttered seditious
speeches urging the overthrow of the government, the Mayor may prohibit the holding of such meeting.
(Evangelista v Earnshaw, 57 Phil 255)

2. When during the meeting violence or destruction erupts.

NOTE: The right to free speech and to peaceful assembly is not absolute. It may be regulated by gov’t
under the following grounds:

1. When the same becomes injurious to the equal enjoyment of others having equal rights.

2. When the danger to be apprehended is imminent or the evil to be prevented is a serious one.

Example 1: A rally at a public thoroughfare will not be allowed because it will disrupt the flow of traffic
or inconvenience motorists and pedestrians who also have the right to use the road.
Example 2: Given the proximity of the rally of a religious group to another church whose religious views
are derogatory to the other and vice-versa, the rally will be disallowed as it might result in the
happening of untoward incidents and disturbance of peace and order. (Ignacio, et al vEla, 99 Phil. 347)

SECOND PUNISHABLE ACT: Hindering any person from joining any lawful association or from attending
any of its meetings. Example: hindering a person from joining a social club like the Rotary Club; or
prohibiting a lawyer from attending a meeting of the IBP.

THIRD PUNISHABLE ACT: Prohibiting or hindering any person from addressing, either alone or together
with others, any petition to the authorities for the correction of the abuses or redress of grievances

- When the speech is only for the purpose of expressing grievances against the government, it will
not justify the suppression of free speech for as long as the same is not seditious or that there is
no reasonable ground to believe that the danger apprehended is imminent of the evil to be
apprehended is a serious one.

If the offender is a private individual, the crime committed may be disturbance of public order in Art.
153.

If the offender is a participant in the meeting itself even if he is a public officer, he will be liable, for
unjust vexation under the second paragraph of Art. 287 and not under Art 131.

If the offender (public officer/private individual) prevents/disrupts the meetings of national or local
legislative bodies, he will be liable for disturbance of proceedings under Arts. 143 or 144.

Section Four. — Crimes against religious worship

Art. 132. Interruption of religious worship. — The penalty of prision correccional in its minimum period
shall be imposed upon any public officer or employee who shall prevent or disturb the ceremonies or
manifestations of any religion.

If the crime shall have been committed with violence or threats, the penalty shall be prision correccional
in its medium and maximum periods.

Elements:

1. Offender is any public officer or employee.

2. The religious ceremonies or manifestations of any religion are about to take place or are taking place.

3. The offender prevents or disturbs the same.

- The crime becomes qualified if it shall have been committed with violence or threats.
- “any public officer or employee” refers to all public officers or employees, not just to public
officers who are vested with authority to effect arrest.

Note: A private individual cannot commit this crime except when he conspires with a public officer
concerned; if there is no evidence of conspiracy, then the individual may be held liable for unjust
vexation under the par 2 of Art 287.

“Religious ceremonies or manifestations of any religion” – a ceremony having religious meaning; an

established ceremony prescribed by a religion; an act of public worship following prescribed rules.

Example: Performance of the 7 sacraments

Art. 133. Offending the religious feelings. — The penalty of arresto mayor in its maximum period to
prision correccional in its minimum period shall be imposed upon anyone who, in a place devoted to
religious worship or during the celebration of any religious ceremony shall perform acts notoriously
offensive to the feelings of the faithful.

Elements:

1. Offender is any person.

2. The acts complained are performed (a) in a place devoted to worship; or (b) during the celebration of
any religious ceremony.

3. The acts complained of must be notoriously offensive to the feelings to the faithful.
Title Three

CRIMES AGAINST PUBLIC ORDER

Chapter One

REBELLION, SEDITION AND DISLOYALTY

Art. 134. Rebellion or insurrection; How committed. — The crime of rebellion or insurrection is
committed by rising publicly and taking arms against the Government for the purpose of removing from
the allegiance to said Government or its laws, the territory of the Philippine Islands or any part thereof,
of any body of land, naval or other armed forces, depriving the Chief Executive or the Legislature, wholly
or partially, of any of their powers or prerogatives. (As amended by R.A. 6968).

Elements:

1. There is a public uprising and taking arms against the government

2. For the purpose of either:

a. removing from the allegiance to said government or its laws the territory of the Philippines or
any part thereof; or any body of land, naval or other armed forces.

b. depriving the Chief Executive or Congress, wholly or partially, of any of their powers or
prerogatives.

What is the nature of the crime rebellion?

The gravamen of the crime of rebellion is a public armed uprising against the government. By its very
nature, rebellion is essentially a crime of masses or multitudes involving crowd action. (People v
Lavedorio, G.R No. 112235 November 29, 1995)

Actual clash of arms with the forces of government is not necessary. Rising publicly and taking arms are
not enough to constitute the crime. But the purpose of the uprising (which is to overthrow the
government) must be known. There must be evidence showing that the motive or purpose of the
accused in attacking the policemen and kidnapping the municipal officials was in furtherance of the
rebellion. (US v Constantino)

It is also not necessary that the purpose of rebellion be accomplished or that the rebels succeed in
overthrowing of the gov’t. If they succeed, they will no longer be prosecuted by the new gov’t that they
helped establish.
Rebellion is a continuing crime. Hence for as long as the rebel continues to take arms at the gov’t he can
be arrested at any time even without a warrant. (Garcia-Padilla V Enrile, 121 SCRA 472)

Article 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 duly constituted authorities of the
Republic of the Philippines, or any military camp or installation, communications network, 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 of employment with or without civilian support or participation for the purpose
of seizing or diminishing state power. (As amended by R.A. 6968).

Elements

1. The offender is a person or persons belonging to the military or police or holding any public office or
employment. (BY WHOM)

2. It is committed by means of swift attack accompanied by violence, intimidation, threat, strategy or

stealth; (HOW)

3. The attack is directed against duly constituted authorities, or any military camp or installation,
communication networks, public utilities, or other facilities needed for the exercise and continued
possession of power; and (AGAINST WHOM)

4. The purpose of the attack is to seize or diminish state power. (Reyes, RPC, P. 92) (PURPOSE)

DISTINCTION BETWEEN REBELLION AND COUP D ETAT

 Essence is rising publicly and taking arms in the government

 Essence is swift attack against the government, its military camps and installations,
communication networks, public facilities, and utilities essential to the continued exercise of
gov’t powers.
 Involves a multitude of people,
 May be committed singly or collectively.
 Does not require that the principal participants be members of the AFP, PNP, or any public
officer.
 Principal offenders are members of the AFP, PNP, or any public officer with or without civilian
support.
 Purpose is to overthrow the gov’t so that the offenders can establish their own.
  Purpose is to destabilize , immobilize, or paralyze the existing gov’t by taking over such facilities
and utilities

Art. 135. Penalty for rebellion, insurrection or coup d'etat. — Any person who promotes, maintains, or
heads rebellion or insurrection shall suffer the penalty of reclusion perpetua. library

Any person merely participating or executing the commands of others in a rebellion shall suffer the
penalty of reclusion temporal.

Any person who leads or in any manner directs or commands others to undertake a coup d'etat shall
suffer the penalty of reclusion perpetua.ch

Any person in the government service who participates, or executes directions or commands of others
in undertaking a coup d'etat shall suffer the penalty of prision mayor in its maximum period.

Any person not in the government service who participates, or in any manner supports, finances, abets
or aids in undertaking a coup d'etat shall suffer the penalty of reclusion temporal in its maximum period.

When the rebellion, insurrection, or coup d'etat shall be under the command of unknown leaders, any
person who in fact directed the others, spoke for them, signed receipts and other documents issued in
their name, as performed similar acts, on behalf or the rebels shall be deemed a leader of such a
rebellion, insurrection, or coup d'etat. (As amended by R.A. 6968, approved on October 24, 1990).

Art. 136. Conspiracy and proposal to commit coup d'etat, rebellion or insurrection. — The conspiracy
and proposal to commit coup d'etat shall be punished by prision mayor in minimum period and a fine
which shall not exceed eight thousand pesos (P8,000.00). one million pesos.

The conspiracy and proposal to commit rebellion or insurrection shall be punished respectively, by
prision correccional in its maximum period and a fine which shall not exceed five thousand pesos 1M and by
prision correccional in its medium period and a fine not exceeding 400T two thousand pesos (P2,000.00). (As amended
by R.A. 6968, and RA 10951).

Crimes punished under this article:

 - Proposal to commit coup d’etat
- Conspiracy to commit coup d’etat
- Proposal to commit rebellion or insurrection
- Conspiracy to commit rebellion or insurrection

Article 8. Conspiracy and proposal to commit felony. - Conspiracy and proposal to commit felony are
punishable only in the cases in which the law specially provides a penalty therefor.

A conspiracy exists when two or more persons come to an agreement concerning the commission of a
felony and decide to commit it.

There is proposal when the person who has decided to commit a felony proposes its execution to some
other person or persons.

Hence, as applied to Article 136

 There is proposal to commit Coup D Etat or rebellion/insurrection when the person who has
decided to propose its commission to other person or persons.

 There is conspiracy to commit Coup D Etat or rebellion/insurrection when two or more persons
come into an agreement concerning the commission of Coup D Etat or rebellion/insurrection
and decide to commit it.

Art. 137. Disloyalty of public officers or employees. — The penalty of prision correccional in its minimum
period shall be imposed upon public officers or employees who have failed to resist a rebellion by all the
means in their power, or shall continue to discharge the duties of their offices under the control of the
rebels or shall accept appointment to office under them. (Reinstated by E.O. No. 187).

Punishable acts in Art 137

- Failing to resist a rebellion by all the means in their power.

- continuing to discharge the duties of their offices under the control of the rebels
- accepting appointment to office under them

 This article applies only to public officer or employee. A private individual who commits any of
the foregoing acts is not liable.
For the offender (who must be a public officer) to be liable, there must be proof of criminal intent to be
disloyal to the government. If public officer was only forced to commit any of the prohibited acts by out
of fear for his life or that of his family, he is not liable.

There must be an actual rebellion going on (actual clash of arms between the rebel forces and the
gov’t), otherwise there is no rebellion to be resisted. Or, at the very least, the place must be under the
control of the rebels. (US v Ravidas)

Art. 138. Inciting a rebellion or insurrection. — The penalty of prision mayor in its minimum period shall
be imposed upon any person who, without taking arms or being in open hostility against the
Government, shall incite others to the execution of any of the acts specified in article 134 of this Code,
by means of speeches, proclamations, writings, emblems, banners or other representations tending to
the same end. (Reinstated by E.O. No. 187).

Elements on Inciting a rebellion or insurrection

- The offender does not take arms or is not in open hostility against the gov’t.
- He incites others to the execution of any of the acts of rebellion.
- The inciting is done by means of speeches, proclamations, writings, emblems, banners or other
representations tending to the same end.

“does not take arms or is not in open hostility” against the government – if he takes arms or is in open
hostility against the gov’t, then he will be liable for rebellion, not merely inciting.

“incites others to the execution of any of the acts of rebellion” – to incite means to urge or persuade
(someone) to act in a violent or unlawful way, hence, the offender to be liable must incite others to rise
publicly and take arms against the gov’t for any of the purposes of rebellion.

“by means of speeches, proclamations, writings, emblems, banners or other representations tending to
the same end” – the medium through which the speeches are made is immaterial. They can be done
through print, broadcast or even social media.
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:

1. To prevent the promulgation or execution of any law or the holding of any popular election;

2. 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;

3. To inflict any act of hate or revenge upon the person or property of any public officer or employee;

4. To commit, for any political or social end, any act of hate or revenge against private persons or any
social class; and

5. To despoil, for any political or social end, any person, municipality or province, or the National
Government (or the Government of the United States), of all its property or any part thereof.chanrobles
virtual law library

Elements of Sedition

1. The offender rises publicly or tumultuously.

Means gathering must be made public; tumultuously means loud, emotional, involving violence,
confusion or disorder.
2. The offenders employ force, intimidation, or other means outside of legal methods.

Sedition is a crime of dissent or protest by means outside of legal methods. It is done in excess
of the legal means authorized under the freedom of expression and assembly clauses of the
Constitution.

3. The offenders employ any of those means to attain any of the following objects or purposes.

Art. 140. Penalty for sedition. — The leader of a sedition shall suffer the penalty of prision mayor in its
minimum period and a fine not exceeding 10,000 pesos.

Other persons participating therein shall suffer the penalty of prision correccional in its maximum period
and a fine not exceeding 5,000 pesos. (Reinstated by E.O. No. 187).

Art. 141. Conspiracy to commit sedition. — Persons conspiring to commit the crime of sedition shall be
punished by prision correccional in its medium period and a fine not exceeding 2,000 pesos. (Reinstated by E.O. No. 187).
400T
Art. 142. Inciting to sedition. — The penalty of prision correccional in its maximum period and a fine not
exceeding 2,000 pesos 400T shall be imposed upon any person who, without taking any direct part in the
crime of sedition, should incite others to the accomplishment of any of the acts which constitute
sedition, by means of speeches, proclamations, writings, emblems, cartoons, banners, or other
representations tending to the same end, or upon any person or persons who shall utter seditious words
or speeches, write, publish, or circulate scurrilous libels against the Government (of the United States or
the Government of the Commonwealth) of the Philippines, or any of the duly constituted authorities
thereof, or which tend to disturb or obstruct any lawful officer in executing the functions of his office, or
which tend to instigate others to cabal and meet together for unlawful purposes, or which suggest or
incite rebellious conspiracies or riots, or which 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, or who
shall knowingly conceal such evil practices. (Reinstated by E.O. No. 187).

Chapter Two

CRIMES AGAINST POPULAR REPRESENTATION

Section One. — Crimes against legislative bodies and similar bodies

Art. 143. Act tending to prevent the meeting of the Assembly and similar bodies. — The penalty of
prision correccional or a fine ranging from 40 to 2,000 pesos, or both, shall be imposed upon any person
who, by force or fraud, prevents the meeting of the National Assembly (Congress of the Philippines) or
of 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. (Reinstated by E.O. No. 187).

Elements:

1. There is a projected or actual meeting of Congress or any of its committees or subcommittees,

constitutional commissions or committees or subdivisions thereof, or of any provincial board or city or
municipal council or board.

2. The offender who may be any person prevent such meeting by force or fraud.
Art. 144. Disturbance of proceedings. — The penalty of arresto mayor or a fine from 40T to 200T pesos
shall be imposed upon any person who disturbs the meetings of the National Assembly (Congress of the
Philippines) or of 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, or in the presence of
any such bodies should behave in such manner as to interrupt its proceedings or to impair the respect
due it. (Reinstated by E.O. No. 187).

Elements:

1. There is an actual meeting of Congress or any of its committees or subcommittees constitutional

commissions or committees or subdivisions thereof, or of any provincial board or city or municipal
council or board

2. 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.

Section Two. — Violation of parliamentary immunity

Art. 145. Violation of parliamentary immunity. — The penalty of prision mayor shall be imposed upon
any person who shall use force, intimidation, threats, or fraud to prevent any member of Congress from
attending its meetings or of any of its committees or subcommittees, constitutional commissions or
committees or divisions thereof, from expressing his opinions or casting his vote; and the penalty of
prision correccional shall be imposed upon any public officer or employee who shall, while Congress is in
regular or special session, arrest or search any member thereof, except in case such member has
committed a crime punishable under this Code by a penalty higher than prision mayor.