Treason, Rebellion, Coup D'etat

Art. 122. Piracy in general and mutiny on the high seas.
— The penalty of reclusion

temporal shall be inflicted upon any person who, on the high seas, shall attack or seize
a 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.
EXPLANATION:
(The same penalty shall be inflicted in case of mutiny on the high seas.)
1. Piracy defined – piracy is robbery or forcible depredation in the high seas, without
lawful authority and done in the spirit and intention of universal hostility. (People vs Lol-
lo, 43 Phil. 19)
2. Pirates are in the law hostics humani generis. Piracy is a crime not against any
particular state but against all mankind. (People vs. Lol-lo, supra).
3. Modes of committing piracy: (a) By attacking or seizing a vessel on the high seas;
and (b) by seizing the whole or part of the cargo or equipment of the vessel while on the
high seas or the personal belongings of its complement or passengers, the defenders
not being members of the complement or passengers.
4. The offenders are strangers to the vessel. The attack against the vessel comes from
the outside but the seizure of the cargo takes place inside the vessel. Seizure may be
committed by persons who smuggled themselves into the crew nor passengers, they
are therefore “strangers.”
If the offenders who seized the vessel by violence or intimidation or force against
things are members of the crew or passengers, piracy is not committed but
robbery in the high seas.
5. Meaning of “High Seas” in the Crime of Piracy. – “High Seas” does not
necessarily mean that the crime be committed beyond the 3-mile limit (now 12 limit) of
any state. It means any waters on the sea cost which are without the boundaries of the
law-water mark, although such waters may be in the roadstead, or within the
jurisdictional limits of a foreign government, because the latter, though neutral to war
are not neutral to crime. (44 C.J. 1207; People vs. Lo-lo, supra).
6. Piracy may be punished in the competent tribunal of any country where the offender
may be found or into which he may be carried. The jurisdiction of piracy unlike all other
crimes has no territorial limits. (People vs. Lol-lo, supra).
7. Piracy does not apply to an enemy vessel in time of war as such will be considered
an act of war. This rule does not also apply to an enemy vessel which is non-belligerent.
8. Mutiny defined. - Mutiny is unlawful resistance to a superior officer, as the raising of
commotions and disturbances on board a ship against the authority of its commander.
(Bouvier’s Law Dictionary). It is committed on the high seas.
9. Piracy distinguished from mutiny. – Both are felonies against the law of nations. In
piracy, the attack of the vessel comes from the outside. The offenders are strangers to
the vessel, that is, neither passengers nor members of the crew. Otherwise, the felony
is mutiny, it is immaterial.
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).
EXPLANATION: (REBELLION)
1. Elements: (a) public armed uprising and (b) the purpose is either (1) to remove from
the 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 (2) to deprive the Chief Executive or
the Legislature, wholly or partially of any of their powers or prerogatives. #The purpose
of the uprising is political, that is, to overthrow the duly constituted government in order
to establish another form of government.
2. Those liable are (a) leaders and (b) followers.
3. There is no complex crime of rebellion with murder, arson, robbery and/or other
serious crimes, committed as a means to or in furtherance of the rebellion.
4. The accused charged with rebellion, who was found illegally possessing a firearm
when his house was searched, cannot be prosecuted for the latter as an independent
crime as that is absorbed in the crime of rebellion if such firearm was found and used in
furtherance of rebellion.
5. Rebellion distinguished from 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.
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) swift attack accompanied by violence, intimidation, threat, strategy;
2) directed against or any military camp or installation, communication networks, public
utilities or other facilities needed for the exercise and continued possession of power,
single, or simultaneously carried out anywhere in the Philippines;
3) committed 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;
4) purpose – seize or diminish state power.

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Art. 122. Piracy in general and mutiny on the high seas.

— The penalty of reclusion

Art. 134. Rebellion or insurrection; How committed. — The crime of rebellion or

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