MODULE 6

CRIMES AGAINST
PUBLIC ORDER

Art. 134- Rebellion

Art. 134- A- Coup d’etat

Artilce 139-sedition

Art. 137 – Disloyalty

Art. 143-144- Crimes against popular

representation; and

Art. 146 -147 Illegal Assemblies and

associations

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 OBJECTIVE

1. To classify the different crimes

against public order; and
2. To recognize the elements of each
crime against public order.

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REBELLION
 ELEMENTS

1. That their be public uprising and taking arms against the

government;

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 any body
of land naval, or other armed forces;

b. To deprive the Chief Executive or the Congress wholly or

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partially of their privileges.
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 NOTE:

The essence of Rebellion is public uprising and taking

arms against the government. Rebellion is a mass
movement. It must be committed by a multitude.

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 WHO ARE LIABLE FOR REBELLION OR INSURRECTION?

a. Any person who commits, maintains or heads a rebellion or

insurrection
b.Any person who participates or executes the commands of
others in a rebellion or insurrection

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 NOTE

Rebellion may be committed even without a single shot being

fired. No arm confrontation or clashes are necessary. Mere
armed public uprising is enough.

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 ILLUSTRATION

Question:
A group of thousand armed men attacked the provincial capital of Pangasinan. They
disarmed the guards, took over the reign of the provincial government of the
Republic of the Philippine. What Crime is committed?

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 ANSWER

They committed Rebellion. They rose publicly and took arms

against the government for the purpose of removing from the
allegiance a part of its territory. It was committed by thousand
men and so it complies with the requirement that thew crime be
committed by multitude.

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 QUESTION

Thousand armed men attacked the city hall of

Pangasinan. They occupied and declared the
independence of the Republic of Pangasinan. They
started to run the government independently of the
national government. What crime is committed?

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 ANSWER

They committed Rebellion. They publicly uprise and

took arms against the government for the purpose of
declaring the independence of a part of the territory of
the Philippines.

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 QUESTION

A disgruntled military captain led 2 battalions of armed

soldiers in attacking the House of Congress. They occupied
the legislature and prevented the law makers from
discharging their duties. What crime is committed by the
soldiers?

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 ANSWER

The soldiers committed Rebellion. They rose publicly

and took arms against the government for the purpose
of depriving the legislature of its power to legislate or
enact laws.

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Distinction between Rebellion and Insurrection

Rebellion Insurrection

How is it committed
Click icon to add chart
Both are committed in the same manner:
By publicly uprising and taking arms against the government

Scope

Larger Scope Limited scope

Purpose

To overthrow the existing government To seek for social or political change

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 CAN REBELLION BE COMPLEX WITH COMMON CRIMES?

In the case of People vs Hernandez, the Supreme Court rules

that Rebellion cannot be complexed with common crimes for
such as means necessary for the perpetration of the offense.
Such common crimes are absorbed or inherent in the crime
rebellion.

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 ENRILE V SALAZAR

Senator Juan Ponce Enrile was charged with the following crimes:
1. charged with Rebellion
2. charged with multiple murder
3. Multiple frustrated murder
4. violation of PD 1829 – obstruction of Justice because he harbored or concealed then Colonel Gregorio
Honasan.

What did the Supreme Court say?

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 THE SUPREME COURT SAID:

“only one charge and it should be rebellion. The violation of PD

1829, the multiple murder and multiple frustrated murder are
absorbed in Rebellion under the theory of absorption in
Rebellion.”

The Supreme Court further said that although violation of PD 1829

is a violation of a special penal law, still if it is committed in
furtherance of Rebellion, it can still be absorbed in the crime of
Rebellion.
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 COUP D’ETAT

Elements of coup d’etat

1. There is a swift attack upon the facilities of the government;
2. It may be committed singly or collectively;
3. The objective is to destabilize or paralyze the government
through the seizure of facilities or utilities of the government;
4. The principal offender are members of the armed forces or PNP
5. May be carried out not only by force, or violence but also
through stealth, threat or strategy.

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 EXAMPLE

At the break of dawn, 2 platoons of marines attacked the

headquarters of PNP and forcibly took over it. They
controlled the headquarters of PNP and aired their
grievances through media against the military and
government. What crime is committed?

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 ANSWER

They committed Coup d’etat. They swiftly attacked the

headquarters of PNP the purpose is to destabilize the
government.

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 DISTINCTION BETWEEN REBELLION, COUP D’ETAT AND
SEDITION

REBELLION COUP D’ETAT SEDITION

It is committed by rising publicly and taking arms against
the government
As to manner
The essence of the crime is a swift attack upon the It is committed by rising publicly and tumultously
facilities of the Philippine government, military camps,
installations, communication networks, public utilities
and facilities essential to the continued possession if
governmental powers accompanied by violence,
intimidation, threat, strategy and stealth

Purpose
1. To remove from the allegiance to said government, or To destabilize or paralyze the government through the To effect some social or political changes or
its laws the territory of the Philippines, or any part seizure of facilities or utilities of the government and prevent the exercise of governmental authority
thereof, or any body of land naval, or other armed NOT TO OVERTHROW THE GOVERNMENT with respect to a particular manner.
forces

To deprive the Chief Executive or the Congress wholly or

partially of their privileges

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 ARTICLE 135
IMPOSABLE PENALTY

1. Reclusion Perpetua shall be imposed upon any person who promotes, maintains or
head rebellion or insurrection;
2. Reclusion Temporal shall be imposed upon any person who participates or
executes the commands of others in rebellion or insurrection
3. Reclusion Perpetua shall be imposed upon any person who leads, direct, or
commands other to undertake coup d’etat;
4. Reclusion Temporal shall be imposed upon any person in government service who
participates or executes the direction or commands of others in undertaking coup
d’etat;
5. Prison mayor in its maximum shall be imposed upon any person not in government
service who shall participate or execute or commands others in undertaking coup
d’etat.
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 ARTICLE136 – CONSPIRACY AND PROPOSAL TO
COMMIT COUP D’ETAT, REBELLION OR INSURRECTION

There is CONSPIRACY TO COMMIT REBELLION when two or more

persons come into an agreement concerning the commission of rebellion (to
rise publicly and take arms against the Government to any of the purposes
of rebellion) and decide to commit it.

There is PROPOSAL TO COMMIT REBELLION when a person who

decides to commit rebellion proposes its execution to another person it is
necessary that the other person would not agree, if that person agree, then it
is already conspiracy to commit rebellion

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 ARTICLE 137

What is the crime of Disloyalty of public officer or employees?

It is a crime committed by any public officer or employee who during a

rebellion:
1. Failed to resist the rebellion by all means within his power;
2. Continued to discharge his duties and functions under the control of
the rebels;
3. Accepted a position/office under the rebels.

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 ARTICLE138 – INCITING TO REBELLION OR INSURRECTION

ELEMENTS:
1. it is committed by any person who does not take up arms or is not in open
hostility with the Government
2. he incites others to uprise for any of the purposes of rebellion (incite
others to the execution of any of the acts of rebellion) by means of speeches,
proclamations, writings, emblems, banners or other representations
tending to the same end.

Note: There is NO SUCH CRIME AS INCITING TO COUP D’ETAT.

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 SEDITION (ARTICLE 139)
ELEMENTS:

1. That the offender rise publicly, and tumultuously;

2. That they employ force, intimidation or other means outside of legal methods;
3. That the offenders employ any of those means to attain any of the following objectives:
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 prevents 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; and
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.

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 Tumultuous conduct means conduct of such nature and
magnitude as to require or to cause the involvement of
other law enforcement authorities.

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 ARTICLE141 – CONSPIRACY TO COMMIT SEDITION

There is a crime conspiracy to commit sedition but not proposal to commit

sedition. A proposal to commit sedition is not a punishable act under the
RPC.

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 ARTICLE142 – INCITING TO SEDITION

ELEMENTS:

1. The offender is not a participant (does not take direct part) in the crime of
sedition
2. He incites others to uprise for any of the purposes of sedition
3. By means of speeches, proclamations, writings, emblems, cartoon, banners,
or other representations tending to the same end.

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 NOTE

USE OF UNLICENSED FIREARM (PD 1866 as amended by

RA 8294 otherwise known as the laws on firearm shall
be absorbed in the crime of rebellion, sedition or attempted coup
d’état.

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CRIMES AGAINST POPULAR
REPRESENTATION

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 ARTICLE143 – ACTS TENDING TO PREVENT THE MEETING OF THE ASSEMBLY
AND SIMILAR BODIES

Elements:
1. preventing the meeting of Congress, sub-committees, Constitutional
Commissions, Provincial Board, City Council, and Municipal
Counsel.
2. there is a projected or actual meeting of the Congress and
3. the offender, by means of force or fraud, prevents such meeting

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 NOTE

The offender here is any person: he may be a private individual, public officer or employee.

The offender doesn’t necessarily have to actually prevent the meeting. If his act tends to prevent
the meeting, the crime is consummated.

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 ARTICLE144 – DISTURBANCE OF PROCEEDINGS

a. Punishes disturbance of proceedings;

b. In disturbance of proceedings, there is a meeting of Congress 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;

c. The offender either

1. disturbs any of such proceedings or
2. he behaves while in the presence of such proceedings in such a
manner as to interrupt the proceedings or impair the respect due
it.
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ILLEGAL ASSEMBLY AND
ASSOCIATION

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 ARTICLE 146
ILLEGAL ASSEMBLIES

There are 2 KINDS OF ILLEGAL ASSEMBLY:

1. Any meeting attended by armed persons for the purpose of committing any of the crimes
punishable under this Code

ELEMENTS:
a. That there be a meeting, a gathering or group of persons, whether in fixed place or moving
b. The meeting is attended by armed persons
c. The purpose of the meeting is to commit any of the crimes punishable under the Code

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 2. 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 in authority or his agents

ELEMENTS:
a. There is a meeting, a gathering or group of persons, whether in fixed place or moving
b. The audience, whether armed or not, is incited to the commission of the crime of treason, rebellion, or
insurrection, sedition or direct assault
c. The said gathering of men or men, may or may not be armed.

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 UNDER ARTICLE 146, FIRST PARAGRAPH, LAST
SENTENCE

– it is provided that persons who are merely present at the meeting shall be punished by
Arresto Mayor, unless they are armed, the penalty shall be Prision Correcional, therefore,
whether you are armed or not, you can be held criminally liable for illegal assembly, it will
only differ in the penalty.

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 NOTE

If any person present carried unlicensed firearms, it is presumed that the purpose of the
meeting insofar as he is concerned is to commit acts punishable under the RPC and is
considered a leader or organizer of the meeting.

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 ARTICLE147 – ILLEGAL ASSOCIATIONS

1. Association totally or partially organized for the purpose of committing any acts
punishable under the revised penal code

2. Associations totally or partially organized for some purpose contrary to public

morals

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 NOTE

In case of illegal associations, it is necessary that there be a

formation of a group, not merely a meeting and in the said
association, not only the members of the association should be
penalized, but also the founders, directors and president of the
said association or organization should be held criminally liable.

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 DISTINCTION BETWEEN ILLEGAL ASSOCIATION AND
ILLEGAL ASSEMBLY

ILLEGAL ASSEMBLY ILLEGAL ASSOCIATION

the purpose will always be a violation under the RPC. Even the purpose of the association may be for purpose of committing
under the second mode – inciting to commit treason, rebellion, crimes violating the RPC or violation of special penal laws,
or insurrection, sedition or assault upon a person in authority provided special penal law violated is against public morals
or his agents

Necessary that there is an actual meeting orassembly Not necessary that there be an actual meeting

(GATHERING) Meeting and attendance at such meetings are Act of forming or organizing and membership in the association are
the acts punished the acts punished

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THANK YOU
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topics that you were able to understand.

Study well for your upcoming exams

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