TITLE THREE

CRIMES AGAINST PUBLIC ORDER

CHAPTER ONE
REBELLION, COUP D’ ETAT, SEDITION, AND DISLOYALTY

REBELLION
1. There is a public uprising and taking arms against the government.
2. The purpose of the uprising movement is:
a. To remove from the allegiance to the government or its laws, Philippine territory or any
part thereof, or any body 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.

REBELLION V. TREASON
REBELLION TREASON
The offenders engage war against the forces of The offender levies war against the government
government without adherence to the enemy in adherence to an enemy
Giving of aid and comfort in adherence to Includes giving aid and comfort in adherence to
rebels is not rebellion unless there is the enemy
conspiracy
Intention of the rebels in rising publicly and Intent to betray the government by adherence to
taking up arms is to remove the allegiance to the enemy is required
the government and its laws from territory
of the Philippines or part thereof or armed
forces, or deprive the executive and
legislative power
Committed by any person Can only be committed by Filipino Citizens
Committed in times of peace or war Committed in times of war only
Governed by the territoriality principle Subject of the extraterritoriality rule

DOCTRINE OF ABSORPTION

- Crimes committed in furtherance of rebellion are deemed absorbed in one single crime of rebellion.
Direct assault, murder, homicide, arson, robbery, and kidnapping, just to name a few, are absorbed in the
crime of rebellion if committed in furtherance of rebellion.
- It cannot be made a basis of a separate charge. Murder committed in furtherance of the crime of
rebellion is stripped of its common complexion and is absorbed in the crime of rebellion. (people v.
Hernandez, GR Nos. L-6025-26, July 18,1956, People v. Geronimo, GR No. L-8936, October 23,1956;
Lagman v. Medeldea, GR No. 231658, July 4,2017)

COUP D’ ETAT
1. Offender is a person or group of persons belonging to the military or police or holding
any public office or employment;
2. It is committed by means of a swift attack accompanied by violence, intimidation, threat,
strategy, or stealth;
3. The attack is directed against duly constituted authorities 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.
4. The purpose of the attack is to seize or diminish the state power.
 The penalty for coup d’ etat committed by a leader is graver. If the leader is
unknown, 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 group shall be deemed the leader of the said coup d’ etat.

REBELLION V. COUP D’ ETAT

 REBELLION COUP D’ ETAT
CRIMINAL ACT: public uprising and taking CRIMINAL ACT: swift attack by means of
up arms violence, intimidation, threat, strategy, or
stealth against the duly constituted authorities
or facilities needed for the continued and
exercise of power
PURPOSE: the removal of the Philippine PURPOSE: seizure or diminution of state
territory or part thereof or armed forces from power
the allegiance to the government and its laws or
deprivation of executive and legislative powers
or privileges
OFFENDERS: any person OFFENDERS: military officers, police officers
and public officers, can also be committed with
or without the participation of civilians.

DOCTRINE OF ABSORPTION

- This doctrine in Hernandez is applicable to coup d’etat for being a political crime because the
purpose of coup plotter is to seize or diminish state power. (Gonzales v. Abaya, GR No. 164007,
August 8,2006, concurring opinion by Justice Callejo)

SEDITION
1. Offenders rise publicly and tumultuously
2. Offenders employ force, intimidation or other means outside of legal methods;
3. The purpose of such are:
a. To prevent the promulgation 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 from exercising its or his functions or prevent the execution of an
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 classes
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.

INCITING TO REBELLION OR INSURRECTION (ARTICLE 138)

- Inciting to rebellion or insurrection is committed by any person who, without taking arms or being
in open hostility against the Government (or without taking a direct part in rebellion), incites others to
committed rebellion or insurrection by means of speeches, proclamations, writings,

INCITING TO SEDITION
1. Inciting others to commit sedition, by means of speeches, proclamations, writings, emblems,
banners, cartoons, or other representations tending to the same end;
2. Uttering seditious words or speeches; or writing, publishing, or circulation scurrilous libels against
the Government or any of the duly constituted authorities thereof which:
a. Tend to disturb or obstruct any lawful officer in executing the functions of his office;
b. Tend to instigate others to cabal or meet together for unlawful purposes;
c. Suggest or incite rebellious conspiracies or riots;
d. Tend or lead to stir up the people against the lawful authorities; or
e. Tend or lead to disturb the peace of the community; the safety and order of the
government;
f. Knowingly conceals such evil practices.
UNLAWFUL UTTERANCE

- Committed by any person, who encourages disobedience to the law or to the constituted authorities
or praises, justifies, or extols any act punished by law by words, utterances or speeches.

LAW ON LOOSE FIREARM (RA. NO. 10591)

Sections 1 and 2 of PD No. 1866 as amended by RA No. 8294 punished crimes involving unlicensed
firearm. However, Section 45 of RA No. 10591 has expressly repealed Section 1 and 2 of PD No.
1866. RA No. 10591 is now governing law on crimes involving loose firearm.

1. Loose Firearm- The concept of loose firearm under RA No. 10591 is broader than that of
unlicensed firearm under the old law or PD No. 1866. Under Section 3, of RA No. 10591, loose
firearm refers to an unregistered firearm, an obliterated or altered firearm, firearm which has been
lost or stolen, illegally manufactured firearms, registered firearms in the possession of an individual
other than the license and those with revoked licenses in accordance with the rules and regulations.
An imitation firearm used in the commission of a crime shall be considered a real firearm (Section
35, RA 10591). If the offender uses imitation firearm in committing robbery, he shall be prosecuted
for robbery with special aggravating circumstance of using loose firearm.

2. Possession of Loose Firearm and other Crime – The unlawful acquisition, possession of loose
firearms and ammunition is a crime. (Section 29, RA 10591).

Further even though the firearm is not loose, carrying registered firearm outside his residence without
any legal authority therefor is also punishable under the law. More so, manufacture, importation, sale,
disposition of firearm or ammunition, or major part of a firearms or ammunition is also liable.

3. Commission of other Crime- If a felony or offense was committed by a person without using the
loose firearm, possession of loose firearm shall be considered as a distinct and separate offense.
Conversely, if a crime is committed by the person with the use of loose firearm, illegal possession of
loose firearm is not a distinct and separate offense. In such a case, the offender shall be prosecuted
only for that crime while using loose firearm shall be considered as a special aggravating
circumstance, or a qualifying special circumstance.

4. Aggravating Circumstance- If a loose firearm was used in committing robbery or homicide, the
accused cannot be convicted of a complex crime of robbery with possession of loose firearm or
complex crime of homicide with possession of loose firearm. Settled is the rule that possession of
loose firearm shall not be considered as an offense distinct and separate from these crimes but this
will serve as an aggravating circumstance of using loose firearm.

LAW ON EXPLOSIVES (PD NO, 1866 as amended by RA No 9516)

1. Crime involving explosives- Sections 3 and 3-A of PD No. 1866 punished any
person who shall willfully and unlawfully manufacture, assemble, deal in, acquire,
dispose, import or possess any explosive or incendiary device, with knowledge of its
existence and its explosive or incendiary character, or any part, ingredient, machinery,
tool or instrument thereof any explosive or incendiary device used or intended to be
used by that person for tis manufacture, construction, assembly, delivery or detonation.

2. Presumed Knowledge- Mere possession of any explosive or incendiary device shall

be prima facie evidence that the person had knowledge of the existence of the explosive
or incendiary character of the device.
3. Animus Possedendi- The court may determine the absence of animus possidendi, in
accordance with the facts and circumstance of each case and the application of other
pertinent laws, among other things. A temporary, incidental, casual, harmless, or
transient possession or control of any explosive or incendiary device, without the
knowledge of its existence or its explosive or incendiary character or for the sole
purpose of surrendering it to proper authorities is not punishable. (Section 3, PD No.
1866).