TITLE THREE: CRIMES AGAINST PUBLIC ORDER

ARTICLE 134REBELLION/ INSURRECTION

Elements:1. That there be:

a. Public uprising; andb. 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;

i. The territory of the Philippines or any part thereof; or

ii. 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.

RebellionMore frequently used where the object of the movement is completely to overthrow and supersede the existing government. It is a crime of masses, of a multitude. It is not merely a challenge to the constituted authorities, but also civil war on a bigger or lesser scale.

InsurrectionMore commonly employed in reference which seeks merely to effect some change of minor importance, or to prevent the exercise of governmental authority with respect to particular matters or subjects.

Note: Actual clash of arms with the forces of the Government, not necessary to convict the accused who is in conspiracy with others actually taking arms against the Government.

Rebellion TreasonPurpose

1. To remove from the allegiance to said Gov't or the laws the territory of the Phils. Or anybody of land, naval or other armed forces.

2. To deprive the Chief Executive or Congress of any of their powers.

Violation by a subject of his allegiance to his sovereign or to the supreme authority of the State.

Manner of Commission

1. Public uprising; and2. By taking arms against the Gov't.

1. By levying war against the Gov't.;2. By adhering to the enemies of the Phils., giving them aid or comfort

Time of Commission

May be committed both during times of peace and war.

Committed during time of war

Proof needed for conviction

Proved by showing the purpose of the uprising; there must be proof beyond reasonable doubt.

1. Testimony of 2 witnesses, at least to the same over act; or2. Confession of accused in open court.

Note: Giving aid and comfort is not criminal in rebellion.

Rebellion cannot be complexed with, but absorbs other crimes committed in furtherance of rebellious movement. There is no complex crime of rebellion with murder and other common crimes, whether such crimes are punishable under a special law or general law (RPC) provided that such

crimes are committed in furtherance or in pursuance of the movement to overthrow the government. (Ponce Enrile v. Amin, G.R. No. 93335, September 13, 1990)

Human Security Act of 2007, Section 3A person who commits an act

punishable as rebellion or insurrection, thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand shall be guilty of Terrorism.

ARTICLE 134-ACOUP D'ETAT

Elements:1. That the offender is a person or

persons belonging to the military or police or holding any public office or employment;

2. That it is committed by means of a swift attack, accompanied by violence, intimidation, threat, strategy, or stealth;

3. That the attack is directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, or communication networks, public utilities or other facilities needed for the exercise and continued possession of power; and

4. That the purpose of the attack is to seize or diminish state power.

Human Security Act of 2007, Section 3A person who commits an act

punishable as coup d'etat including acts committed by private persons, thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand, shall be guilty of Terrorism.

Note: The crime of coup d'etat may be committed with or without civilian participation.

ARTICLE 135PENALTY FOR REBELLION OR

INSURRECTION OR COUP D'ETAT

PENALTY: Rebellion/Insurrection:

Reclusion perpetua (Leaders) Reclusion temporal (Participants)

Coup d'etat: Prision mayor maximum period

(Leaders) Reclusion temporal maximum

period (Participants)

Persons liable for rebellion, insurrection and/or coup d'etat:

A. The leaders -I. Any person who (a)

promotes, (b) maintains, or (c) heads of a rebellion or insurrection; or

II. Any person who (a) leads, (b) directs, or (c) commands others to undertake a coup d'etat.

B. The participants -I. Any person who (a) participates,

or (b) executes the commands of others in rebellion, or insurrection;

II. Any person in the government service who (a) participates, or (b) executes directions or commands of others in undertaking a coup d'etat;

III. Any person not in the government service who (a) participates, (b) supports, (c) finances, (d) abets, or (e) aids in

undertaking a coup d'etat.Note: 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, or performed similar acts, on behalf of the rebels, shall be deemed a leader of such rebellion, insurrection or coup d'etat.

There is no complex crime of rebellion with murder and other common crimes.

Membership in a rebel organization does not automatically qualify criminal acts as absorbed in rebellion. (People v. Lovedioro, 250 SCRA 389, 395 [1995]; People v. Continente, et. al., G.R. Nos. 100801-02, August 29, 2001)

Killing, robbing, etc. , for private purposes or profit, without any political motivation, would be separately punished and would not be absorbed in the rebellion. (People vs. Geronimo, et. al., 100 Phil 90 [1956])

ARTICLE 136CONSPIRACY AND PROPOSAL TO

COMMIT COUP D'ETAT, REBELLION OR INSURRECTION

PENALTY: Coup d'etat:Prision mayor minimum period and a fine not to exceed P8,000.00Rebellion:Prision correccional maximum period and a fine not to exceed P5,000.00 Insurrection:Prision correccional medium period and a dine not to exceed P2,000.00

Two Crimes penalized under this article:1. Conspiracy to commit rebellion; and2. Proposal to commit rebellion/

Conspiracy to commit rebellionWhen 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.

Proposal to commit rebellionWhen 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.

ARTICLE 137DISLOYALTY OF PUBLIC OFFICERS/EMPLOYEES

PENALTY: Prision correccional minimum period

Acts Punished:1. Failing to resist a rebellion by all

means in their power;2. Continuing to discharge the duties of

their office under the control of the rebels;

3. Accepting appointment to office under the rebels.

The offender must be a public officer or employee. The crime presupposes the existence of rebellion by other persons; the offender must not be in conspiracy with the rebels; otherwise, he himself will also be guilty of rebellion.

ARTICLE 138 INCITING TO

REBELLION/INSURRECTION

PENALTY: Prision mayor minimum period

Elements:

1. That the offender does not take up 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.

ARTICLE 139SEDITION

Elements: 1. That the offenders rise:

a. Publicly; and b. Tumultuosly;

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 objects:

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

b. To prevent the government or any public officer 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;

e. To despoil, for any political or social end, any person or

the government of all its property or any part thereof.

4. Sedition cannot be committed by one person.

5. Public uprising and an object must concur.

6. In sedition, it is immaterial if the objective be completely attained.

Mere public uprising for any of the objectives mentioned in Art. 139 is punishable.

General Rule: Common Crimes are not absorbed in sedition.

Exception: Sedition absorbs the use of unlicensed firearms as an element thereof, pursuant to RA 8294.

ARTICLE 140PENALTY FOR SEDITION

PENALTY: Prision mayor minimum period and a fine not exceeding P10,000.00 (Leader) Prision correccional maximum period and a fine not exceeding P5,000.00 (Participants).

Persons liable: 1. The leader of the sedition; and 2. Other persons participating in the

sedition.

ARTICLE 141CONSPIRACY TO COMMIT

SEDITION

PENALTY: Prision Correccional in its medium period and a fine not exceeding 2,000 pesos.

There is no proposal to commit sedition. Only conspiracy to commit sedition is punishable. (JLB Reyes. Criminal Law II: Book II. p. 109. 2012)

There must be an agreement and a decision to rise publicly and tumultuously to attain any of the objects of sedition. (JLB Reyes. Criminal Law II: Book II. p. 109. 2012)

ARTICLE 142 INCITING TO SEDITION

PENALTY: Prision correccional in its maximum period and a fine not exceeding 2,000 pesos.

MODES OF INCITING TO SEDITION AND THEIR ELEMENTS

Mode 1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems, etc.

Elements: 1. That the offender does not take direct

part in the crime of sedition. 2. That he incites others to the

accomplishment of any of the acts which constitutes sedition.

3. That the inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representation tending to the same end.

Mode 2. Uttering seditious words or speeches which tend to disturb the public peace.

Mode 3. Writing, publishing, or circulating scurrilous libels against the Government or any of the duly constituted authorities thereof, which tend to disturb the public peace. Punishable when (Modes 2 and 3)

1. They tend to disturb or obstruct any lawful officer in executing the functions of his office.

2. They tend to instigate others to cabal and meet together for unlawful purposes. 3. They suggest or incite rebellious conspiracies or riots. 4. 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.

RULES RELATIVE TO SEDITIOUS WORDS

1. The Clear and Present Danger Rule

The words must be of such a nature that by uttering them there is a danger of a public uprising and that such danger should be both clear and imminent.

There must be a reasonable ground to believe that the danger apprehended is imminent and that the evil sought to be prevented is a serious one. There must be the probability of serious injury to the State. The danger must not only be probable but very likely inevitable.

Illustration: A mayor who refused to grant a permit to a political party to hold a public meeting in Manila upon fear that in view of the bitterness of the speeches expected from the minority men who were fresh from a political defeat, there might be a breach of the peace and of public order was held by the court to be improper. The danger apprehended was not imminent and the evil to be prevented was not a serious one. (Primicias v. Fugoso, 80 Phil.71)

2. The Dangerous Tendency Rule

There is inciting to sedition when the words uttered of published could easily produce disaffection among the people and a state of

feeling in them incompatible with a disposition to remain loyal to the government and obedient to the laws.

If the words used tend to create a danger of public uprising, then those words could properly be the subject of a penal clause. (People v. Perez, 45 Phil. 599)

UTTERING SEDITIOUS WORDS OR SPEECHES

An accused who uttered “ The Filipinos, like myself, must use bolos for cutting off Wood’s head for having recommended a bad this for the Filipinos, for he has killed our independence” against Governor General Wood was held liable under this article for uttering seditious words. (People v. Perez, supra.)

People v. Nabong - 57 Phil. 455

FACTS: An accused who delivered a speech, using these words: “They committed a real abuse in seizing the flag. The members of the constabulary are bad because they shoot even innocent women, as it happened in Tayug. In view of this, we ought to be united to suppress that abuse. Overthrow the present government and establish our own government, the government of the poor. Use your whip so that there may be marks on their sides.”

HELD: The court held that the accused manifestly tended to induce the people to resist and use violence against the agents of the Constabulary and to instigate the poor to cabal and meet together for unlawful purpose. They also suggested and incited rebellious conspiracies, thereby tending to stir up the people against the lawful authorities and to disturb the peace of the community and the order of the government.

In order to be seditious, it is not necessary that the words used should in fact result in a rising of the people against the constituted authorities. The law is not aimed merely at actual disturbance, as its purpose is also to punish utterances, which may endanger public order.

SCRURILOUS defined Means low, vulgar, mean or foul. (JLB Reyes. Criminal Law II: Book II. p. 111. 2012)

Espuelas v. People 90 Phil. 524

FACTS: An accused who had his picture taken to appear as if he were hanging lifeless. He sent copies of the photograph to newspapers of general circulation, with suicide note allegedly written by a fictitious suicide, Alberto Reveniera, and addresses to the latter’s supposed wife. The note contained words that he committed suicide because he was not pleased with the administration of President Roxas and that our government is infested with many Hitlers and Mussolinis for which reason he can not hold high brows to the world with this dirty government. He instructed his children to burn pictures of Roxas if and when they come across them

HELD: The letter is a scurrilous libel against the Government. Writings which tend to overthrow or undermine the security of the government or to weaken the confidence of the people in the government are against the pubic peace, and are criminal not only because they tend to incite to a breach of the peace but because they are conducive to the destruction of the government itself.

REASONS WHY SEDITIOUS UTTERANCES ARE PROHIBITED

Manifestly, the legislature has authority to forbid the advocacy of a doctrine designed and intended to overthrow the Government without waiting until there is a present and

immediate danger of the success of the plan advocated. If the state were compelled to wait until the apprehend danger became certain, then its right to protect itself would come into being simultaneously with the

overthrow of the Government, when there would be neither prosecuting officer not courts for the enforcement of the law. (Giltow v. New York, 268 U.S. 652).