CRIMINAL LAW
BOOK 2
ATTY. JINGO G. FERNANDEZ
CRIMES AGAINST
PUBLIC ORDER
1. Rebellion, sedition and disloyalty.
2. Crimes against popular representation.
3. Illegal assemblies and associations.
4. Assault upon, and resistance and disobedience to persons in
authority or their agents.
5. Public disorders.
6. Evasion of service of sentence.
7. Commission of another crime during service of penalty imposed
for another previous offense.
REBELLION OR INSURRECTION
ART. 134
HOW COMMITTED?
It 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
Philippines or any part thereof, or any body of
land, naval or other armed forces, or of
depriving the Chief Executive or the Legislature,
wholly or partially, of any of their powers or
prerogatives.
Elements
1) There must be (a) public uprising and (b) taking arms
against the Government;
2) The purpose of the uprising or movement is either:
(a) To remove allegiance to the Government or its laws,
the Philippine territory or any part thereof, or any body of
land, naval or other armed forces; or
*The purpose of the uprising is political, that is, to overthrow
the duly constituted government in order to establish another
form of government.
(b) To deprive the Chief Executive or the Legislature,
wholly or partially of any of their powers or prerogatives.
REBELLION vs. TREASON
The distinction lies in the purpose of
levying war and not in the magnitude of the
movement. If the levying of war is done to
aid the enemy, it is treason, if not, it is
rebellion.
In treason, the purpose is to deliver the
government to the enemy; in rebellion, the
purpose is to substitute the existing
government with another.
WHO MAY BE HELD LIABLE FOR REBELLION OR
INSURRECTION?
Those liable are (a) leaders and (b) followers.
WHO IS DEEMED THE LEADER IN REBELLION OR
INSURRECTION?
The leader is any person who promotes,
maintains or heads a rebellion. If the leader is
unknown, any person who 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
the leader of such rebellion.
COUP D‘ ETAT
ART. 134-A
It 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 or
employment with or without civilian support or
participation for the purpose of seizing or
diminishing state power.
HOW IS THE CRIME OF
COUP D’ ETAT COMMITTED?
HOW – by way of swift attack accompanied by violence,
intimidation, threat, strategy or stealth.
AGAINST WHOM OR WHAT – against duly constituted
authority of 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.
HOW IS THE CRIME OF
COUP D’ ETAT COMMITTED?
NUMBER OF OFFENDERS – singly or simultaneously
carried out anywhere in the Philippines.
BY WHOM – by any person or persons, belonging to the
military or police or holding any public office or
employment, with or without civilian support or
participation.
PURPOSE – to seize or diminish state power.
PENALTY FOR REBELLION,
INSURRECTION OR COUP D’ ETAT
ART. 135
1. Person who promotes, maintains or heads
rebellion or insurrection shall suffer the penalty of
reclusion perpetua.
2. Merely participating or executing the commands
of others in a rebellion or insurrection shall suffer
the penalty of reclusion temporal.
3. Person who leads or in any manner directs or
commands others to undertake a coup d’etat shall
suffer the penalty of reclusion perpetua.
4. Person in the government service who
participates or executes directions or commands of
others in undertaking coup d’etat shall suffer the
penalty of reclusion temporal in its maximum period.
5. Person not in government service who – a)
participates, b) in any manner supports, finances,
abets or aids in undertaking a coup d’etat shall
suffer the penalty of prision mayor in its maximum
period.
CONSPIRACY TO COMMIT COUP D'ETAT,
REBELLION OR INSURRECTION
ART. 136
HOW COMMITTED?
It is committed when two or more persons
come to an agreement to commit coup d’
etat, rebellion or insurrection and decide to
commit it.
PROPOSAL TO COMMIT COUP D‘ ETAT,
REBELLION OR INSURRECTION
ART. 136
HOW COMMITTED?
It is committed when a person who has
decided to commit the crime of coup d’ etat,
or rebellion/insurrection proposes its
execution to some other persons.
DISLOYALTY OF PUBLIC OFFICERS
OR EMPLOYEES
ART. 137
This is committed by public officers in three ways:
(a) failing to resist a rebellion by all means in their
power;
(b) continuing to discharge their office under the
control of the rebels; or
(c) accepting an appointment under the rebel
government.
*Actual rebellion must exist for this crime to be
committed.
INCITING A REBELLION
OR INSURRECTION
ART. 138
WHO MAY COMMIT? HOW COMMITTED?
It may be committed by 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 Art. 134
(Rebellion or Insurrection) of the RPC, by means of
speeches, proclamations, writings, emblems,
banners or other representations tending to the
same end.
SEDITION
ART. 139
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;
SEDITION
ART. 139
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 of all its property or any part
thereof.
PENALTY FOR SEDITION
ART. 140
The leader of a sedition shall suffer the penalty of
prision mayor in its minimum period.
Other persons participating therein shall suffer the
penalty of prision correccional in its maximum period.
CONSPIRACY TO COMMIT SEDITION
ART. 141
Persons conspiring to commit the crime of sedition
shall be punished by prision correccional in its
medium period.
INCITING TO COMMIT SEDITION
ART. 142
1. 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;
INCITING TO COMMIT SEDITION
ART. 142
2. 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.
ACT TENDING TO PREVENT THE MEETING
OF . THE ASSEMBLY AND SIMILAR BODIES
ART. 143
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.
DISTURBANCE OF PROCEEDINGS
ART. 144
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.
VIOLATION OF
PARLIAMENTARY IMMUNITY
ART. 145
The penalty of prision mayor shall be imposed upon any person
who shall use force, intimidation, threats, or fraud to prevent any
member of the National Assembly (Congress of the Philippines) from
attending the meetings of the Assembly (Congress) or of any of its
committees or subcommittees, constitutional commissions or
committees or divisions thereof, from expressing his opinions or
casting his vote;
The penalty of prision correccional shall be imposed upon any
public officer or employee who shall, while the Assembly (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.
ILLEGAL ASSEMBLIES
ART. 146
The penalty of prision correccional in its maximum period to prision
mayor in its medium period shall be imposed upon the organizers or
leaders of:
1. Any meeting attended by armed persons for the purpose of
committing any of the crimes punishable under this Code; or
2. Any meeting in which the audience is incited to the
commission of the crime of treason, rebellion or insurrection, sedition
or assault upon a person in authority or his agents.
ILLEGAL ASSEMBLIES
ART. 146
Persons merely present at such meeting shall suffer the penalty of
arresto mayor, unless they are armed, in which case the penalty shall
be prision correccional.
If any person present at the meeting carries an unlicensed firearm, it
shall be presumed that the purpose of said meeting, insofar as he is
concerned, is to commit acts punishable under this Code, and he
shall be considered a leader or organizer of the meeting within the
purview of the preceding paragraph.
As used in this article, the word "meeting" shall be understood to
include a gathering or group, whether in a fixed place or moving.
ILLEGAL ASSOCIATIONS
ART. 147
The penalty of prision correccional in its minimum and medium
periods shall be imposed upon the founders, directors, and
presidents of associations totally or partially organized for the
purpose of committing any of the crimes punishable under this Code
or for some purpose contrary to public morals. Mere members of said
associations shall suffer the penalty of arresto mayor.
