ART.

134-
REBELLION/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 Republic of the Philippines or any part
thereof, or any body of land, naval, or other armed forces, or depriving
the Chief Executive or the Legislature, wholly or partially, of any of
their powers or prerogatives. (As amended by RA.. No. 6968, approved
October 24,1990)
 ELEMENTS:
1) That there be
a) public uprising and
b) taking up of arms against the Government.

2) For the purpose of the uprising or movement is either :

a.)Removing from the allegiance to said Government or its laws
i. The territory of the Philippines.
ii. Any body of land, naval or other armed forces or
b) Depriving the Chief executive or Congress, wholly or partially, of any of their powers or prerogatives.

Rebellion more frequently used where the object of the movement is completely to overthrow and
supersede the existing government. It is a crime of the masses, of the multitude. It is a vast movement of
men and a complex network of intrigues and plots.
Insurrection more commonly employed in reference to a movement 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.
nature of the crime of rebellion
Rebellion is a crime of the masses. It requires a multitude of people. It is vast move
ment of men and a complex network of intrigues and plots
REBELLION
Theuprisingisagainstthe government.
Thepurposeisto substitutetheexisting governmentwith another.
TREASON
Thelevyingofwarisdone toaidtheenemy.
Thepurposeistodeliver thegovernmenttothe enemy.
---------------------------------------------------------------------------------------------------------------------
-----------
REBELLION
Crime against public order
Theremustbepublic uprisingtooverthrow thegovernment.
SUPERVISION
Crimeagainstnational security
Beingofficersandranking membersofsubversive
groupsconstitutesubversion.
 Republic Act No. 9372 Human Security Act of 2007 Approved on March 6, 2007
Acts Punishable as Terrorism under Rep. Act No. 9372.
Any person who commits an act punishable under any of the following provisions of the Revised Penal
Code:

a. Article 122 (Piracy in general and Mutiny in the High Seas or in the Philippine Waters);
b. Article 134 (Rebellion of Insurrection);
c. Article 134-A (Coup d'Etat), including acts committed by private persons;
d. Article 248 (Murder);
e. Article 267 (Kidnapping and Serious Illegal Detention);
f. Article 324 (Crimes Involving Destruction), or under
(1) Presidential Decree No. 1613 (The Law on Arson);
(2) Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990);
(3) Republic Act No. 5207 (Atomic Energy Regulatory and Liability Act of 1968);
(4) Republic Act No. 6235 (Anti-Hijacking Law);
(5) Presidential Decree No. 532 (Anti-Piracy and AntiHighway Robbery Law of 1974); and
(6) Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful
Possession, manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives)
Terrorism is more severely punished than heinous crimes under
Republic Act No. 7659.

Terrorism is punished by the penalty of forty (40) years of

imprisonment, without the benefit of parole. (Sec. 3, RA 9372)
Some offenses considered as heinous crimes under Republic Act No.
7659 such as kidnapping for ransom and rape with homicide are
punished by death. However, Republic Act No. 9346 prohibited the
imposition of the penalty of death, and imposed the penalty of
reclusion perpetua without eligibity for parole in lieu of the death
penalty. Since the duration of reclusion perpetua is twenty years and
one day to forty years (Sec. 27, RPC) and the crime of terrorism is
punished by a fixed penalty of forty years, terrorism is now the most
severely punished crime.
Conspiracy to Commit Terrorism as a crime.
Although the general rule is that conspiracy and proposal to commit a felony is not
punishable (Art. 8), conspiracy to commit terrorism is punishable under Sec. 4 of
Republic Act No. 9372. Other crimes where mere conspiracy is punishable are
conspiracy to commit treason (Art. 115), conspiracy to commit coup d'etat, rebellion
or insurrection (Art. 136) and conspiracy to commit sedition (Art. 141).
The conspirators to commit terrorism should not actually commit terrorism. It is
sufficient that two or more persons agree and decide to commit the crime of
terrorism. If they actually commit the crime of terrorism, they will be held liable for
terrorism and the conspiracy they had before committing terrorism in only a manner
of incurring criminal liability. It is not a separate offense.
 Penalty Imposed on an Accessory in Terrorism.
Any person who, having knowledge of the commission of the crime of terrorism or conspiracy to
commit terrorism, and without having participated therein, either as principal or accomplice under
Articles 17 and 18 of the Revised Penal Code, takes part subsequent to its commission in any of the
following manner:
(a) by profiting himself or assisting the offender to profit by the effects of the crime;
(b) by concealing or destroying the body of the crime, or the effects, or instruments thereof, in
order to prevent its discovery;
(c) by harboring, concealing or assisting in the escape of the principal or conspirator of the
crime, shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.
Notwithstanding the above paragraph, the penalties provided for accessories shall not be imposed
upon those who are such with respect to their spouses, ascendants, descendants, legitimate,
natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the
single exception of accessories falling within the provisions of subparagraph (a). (Sec. 6)
 ART. 134-A- COUP DETAT
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 networks, 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. (As amended by
Rep. Act No. 6968
MANNERS OF COMMISSION
1. Violence
2. Itimidation
3. Threat
4. Strategy
5. Stealth
KEYWORD: VITSS

WHO MAY COMMIT COUP D ETAT

6. Only the person or persons who belong to the military or police or holding public
office or employment
7. any person not in the government service who participates, or in any manner
supports, finances, abets`or aids in the undertaking of coup d etat
Elements:
1. How - by a swift attack, accompanied by violence, intimidation, threat, strategy or stealth
2. Against whom duly constituted authorities of the Republic, military camp or installation,
communication networks, public utilities, or other facilities needed for the exercise and
continued possession of power
3. Where singly or simultaneously carried out anywhere in the Philippines
4. 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 employment
5. Purpose to seize or diminish state power

With or without civilian participation

The crime of coup detat may be committed with or without civilian participation.

ART. 135- PENALTY FOR
REBELLION OR INSURRECTION OR
COUP DETAT
Any person who promotes, maintains, or heads a rebellion or insurrection shall suffer the penalty of
reclusion perpetua.
Any person merely participating or executing the commands of others in rebellion or insurrection shall
suffer the penalty of reclusion temporal.3
Any person who leads or in any manner directs or commands others to undertake a coup d'etat shall
suffer the penalty of reclusion perpetua.
Any person in the government service who participates, or executes directions or commands of others
in undertaking a coup d'etat shall suffer the penalty of reclusion temporal in its maximum period.4
Any person not in the government service who participates, or 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.5
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. (As amended by Rep. Act No. 6968)
 PERSONS LIABLE:

1. The leaders

a) Any person who

i. Promotes,

ii. Maintains. or

iii. Heads a rebellion or insurrection; or

b) Any person who

i. Leads,

ii. Directs, or

iii. Commands others to undertake a coup detat;

2. The participants

a.) Any person who

i. Participates, or

ii. Executes the commands of others in rebellion,or insurrection;

b) Any person in the government service who

i. Participates, or

ii. Executes directions or commands of others in undertaking a coup detat;

c) Any person not in the government service who

i. Participates,

ii. Support,

iii. Finances, iv. Abets, or v. Aids in undertaking a coup detat.

Who shall be deemed the leader of the rebellion, insurrection or coup
detat in case he is unknown?
Any person who in fact

1. directed the others,

2. spoke for them,
3. signed receipts and other documents issued in their name, or
4. performed similar acts, on behalf of the rebels.

Political crimes are those directly aimed against the political order,
as well as such common crimes as may be committed to achieve a
political purpose. The decisive factor is the intent or motive.
ART. 136- CONSPIRACY &
PROPOSAL TO COMMIT
REBELLION , INSURRECTION OR
COUP D ETAT
The conspiracy and proposal to commit coup d'etat shall be punished by prision
mayor in its minimum period and a fine which shall not exceed eight thousand pesos
(P8,000.00).
The conspiracy and proposal to commit rebellion or insurrection shall be punished,
respectively, by prision correccional in its maximum period6 and a fine which shall
not exceed five thousand pesos (P5,000), and by prision correccional in its medium
period,7 and a fine not exceeding two thousand pesos (P2,000). (As amended by
Rep. Act No. 6968) "
TWO CRIMES penalized under this article:
1. Conspiracy to commit rebellion, and
2. Proposal to commit rebellion

Conspiracy to commit rebellion when 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 rebellion when 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.
This is an instance where the law punishes preparatory acts.
NOTES:
CONSPIRACY TO COMMIT COUP D ETAT exist when 2 or more person come to an agreement
concerning the commission of coup d etat and decide to commit it.

CONSPIRACY TO COMMIT REBELLION exists when 2 or more persons come to an agreement

concerning the commission of rebellion and decided to commit it.

CONSPIRACY TO COMMIT INSURRECTION exist when 2 or more persons come to an agreement

concerning the commission of insurrection and decided to commit it.

PROPOSAL TO COMMIT COUP D ETAT exist when a person who has decided to commit coup d etat
proposes its execution to some other person or persons.

PROPOSAL TO COMMIT REBELLION exists when a person who has decided to commit rebellion
proposes its execution to some other person or persons.

PROPOSAL TO COMMIT INSURRECTION exist when a person who has decided to commit insurrection
to some other person or person
 ART. 137- DISLOYALTY OF
PUBLIC OFFICERS
/EMPLOYEES
The penalty of prision correccional in its minimum period 6 shall be imposed upon
public officers or employees who have failed to resist a rebellion by all the means in
their power, or shall continue to discharge the duties of their offices under the
control of the rebels or shall accept appointment to office under them
 Offender must be a public officer or employee.

The offender must be a public officer or employee. Hence, if a private individual accepts an
appointment to office under the rebels, he is not liable under this article.
"See Appendix "A," Table of Penalties, No. 11.

Punishable acts:
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 crime presupposes the existence of rebellion by other persons; the offender
must not be in conspiracy with the rebels
ART. 138- INCITING TO
REBELLION / INSURRECTION
The penalty of prision mayor in its minimum period9 shall be imposed upon 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 Article 134 of this
Code, by means of speeches, proclamations, writings, emblems, banners or other
representations tending to the same end.
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

3. That the inciting is done by means of speeches, proclamations,

writings, emblems, banners or other representations tending to
the same end.

Inciting to rebellion distinguished from proposal to commit rebellion

 INCITINGTOREBELLI
ON PROPOSALTOCOMMIT
REBELLION

Itisnotrequiredthatthe Thepersonwhoproposes has

offenderhasdecidedto decidedtocommit rebellion.
commitrebellion.

Theactofincitingis Thepersonwhoproposes
done publicly theexecution of the crime uses secret means

Theoffenderinducesanothertocommitrebellion.

Thecrimeofrebellionshouldnotbeactually
committedbythepersonstowhomitisproposedor
whoareincited.Iftheycommitrebellionbecauseof
theproposalorinciting,theproponentortheone
incitingmaybecomeaprincipalbyinducementinthe crimeofrebellion.
Who may commit the crime?
-ANY PERSON
Manner of commission of inciting to rebellion or insurrection:
1. Speeches
2. Proclamations
3. Writings
4. Emblems
5. Banners or
6. Other representations tending to the same end
ART. 139- SEDITION
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:
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/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.
e) 5. To despoil, for any political or social end, any person, municipality or province, or the
National Government (or the Government of the United States) of all its property or
any part thereof. (As amended by Com. Act No. 202)

Tumultuous- if caused by more than three persons who are armed or provided with the
means of violence.
Elements:
1. That the offenders rise
(1) publicly, and
(2) 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 objects:
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 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; 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.
REBELLION VS SEDITION

What distinguishes sedition from rebellion is the object or purpose of the uprising

In both rebellion and sedition, there must be a public uprising.

In rebellion, there must be a taking up of arms against the Government. In sedition, it

is sufficient that the public uprising is tumultuous.

In sedition, the purpose of the offender may be political

In rebellion, the purpose of the offender is always political

Can sedition be committed by one person?

Note the clause in the opening sentence of Art. 189, which

says: "The crime of sedition is committed by persons who
rise publicly and tumultuously." In Art. 163, the word
"tumultuous" is given a definite meaning. It says that "the
disturbance x x x shall be deemed to be tumultuous if
caused by more than three persons who are armed or
provided with means of violence."
TREASON VS SEDITION

TREASON violation by a subject of his allegiance to his

sovereign or liege, lord, or to the supreme authority of the State
SEDITION raising of commotions or disturbances in the State

No public and tumultuous uprising, no sedition.

No object of sedition, no sedition.

Q:Whataretumultuousacts?
A: Acts are considered tumultuous if caused by
morethan3personswhoarearmedorprovided
withthemeansofviolence.
Q: What is the crime committed if there is no public uprising?
A: If the purpose of the offenders is to attain the
objects of rebellion or sedition by force or violence,
but there is no public uprising, the crime committed is direct assault.
Note: Public uprising and an object of sedition must concur.
In sedition, it is immaterial if the object be completely attained.
Q: Suppose murder is committed in the course of
sedition, can murder be absorbed in the crime of sedition?
A: No. Murder cannot be absorbed in sedition. If murder is committed, it
shall be treated as a separate crime.

Ratio: Murder is not an object of sedition.

Note: There is no complex crime of sedition with murder.

ART. 140- PENALTY FOR SEDITION
The leader of a sedition shall suffer the penalty of prision mayor in its
minimum period11 and a fine not exceeding 10,000 pesos.
Other persons participating therein shall suffer the penalty of prision
correccional in its maximum period12 and a fine not exceeding 5,000
pesos.

PERSONS LIABLE:
1) The leader of the sedition
2) Other persons participating in the sedition
ART. 141- CONSPIRACY TO
COMMIT SEDITION
Persons conspiring to commit the crime of sedition shall be punished
by prision correccional in its medium period" and a fine not exceeding
2,000 pesos.

CONSPIIRACY TO COMMIT SEDITION takes place when 2 or more persons

come to an agreement concerning the commission of sedition and decide to
commit it.

PROPOSAL TO COMMIT SEDITION IS NOT A CRIME it is not punished by law

the offender is not a participant of the sedition but incites others to commit
the crime of sedition
 ART. 142- INCITING TO
SEDITION
The penalty of prision correccional in its maximum period14 and a fine not exceeding 2,000 pesos shall be
imposed upon 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, or upon 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. (As amended by
Com. Act No. 202)
Punishable Act IN THE CRIME OF INCITING TO SEDITIONs:
1. Inciting others to commit sedition by means of speeches, proclamations, writings, emblems
2. Uttering seditious words or speeches which tend to disturb the public peace
3. Writing, publishing, or circulating scurrilous (meaning vulgar, mean, foul) libels against the Government or any of its duly
constituted authorities

ELEMENTS OF ACT #1
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 act which constitute sedition
3.That the inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners, or other
representations tending to the same end.

ACTS # 2 & 3 PUNISHABLE: when

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 disturb the peace of the community, and the
safety and order of the Government.
TWO RULES RELATIVE TO SEDITIOUS WORDS:
1. The clear and present danger rule
It is required that there must be reasonable ground to believe that the danger
apprehended is imminent and that the evil to be prevented is a serious one. There must be
the probability of serious injury to the State.

2. Dangerous tendency rule

There is inciting to sedition when the words uttered or 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. The dangerous tendency rule
is generally adopted in the Philippines.

Reasons why seditious utterances are prohibited If the State were compelled to wait until
the apprehended 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 officers nor courts
for the enforcement of the law.
UNLAWFUL RUMOR-MONGERING AND SPREADING FALSE
INFORMATION

Committed by any person who shall offer, publish, distribute, circulate and
spread rumors, false news and information and gossip, or cause the publication,
distribution, circulation or spreading of the same, which cause or tend to cause
panic, divisive effects among the people, discredit of or distrust for the duly
constituted authorities, undermine the stability of the Government and the
objectives if the new Society, endanger the public order, or cause damage to the
interest or credit of the State.
PENALTY: Prision correccional or 6 months and 1 day to 6 years imprisonment
IF GOVERNMENT OFFICIAL OR EMPLOYEE: absolute perpetual disqualification
from holding any public office
Chapter Two: Crimes Against
Popular Representation (Arts. 143-
145)
Section One Crimes against
legislative bodies and similar bodies
What are the crimes against popular representation? They are:
1. Acts tending to prevent the meeting of the National Assembly and similar bodies.
(Art. 143)
2. Disturbance of proceedings. (Art. 144)
3. Violation on parliamentary immunity. (Art. 145)
Section One. Crimes
against legislative bodies
and similar bodies
ART.143- ACTS TENDING TO PREVENT THE
MEETING OF THE ASSEMBLY AND SIMILAR BODIES
The penalty of prision correccional1 or a fine ranging from 200 to 2,000 pesos, or both, shall be imposed
upon 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 sub-committees, constitutional commissions or committees or
divisions thereof, or of any provincial board or city or municipal council or board. (As amended by Com.
Act No. 264)

ELEMENTS:
1. That there be a projected meeting or actual meeting of the National Assembly or
any of its committees or subcommittees, constitutional commissions or committees
or divisions, or of any provincial board or city or municipal council or board
2. That the offender, who may be any person, prevents such meeting by force or
fraud
ART. 144- DISTURBANCE OF PROCEEDINGS
The penalty of arresto mayor2 or a fine from 200 to 1,000 pesos shall be imposed upon 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. (As amended by Com. Act No. 264)

ELEMENTS:
1. That there be a meeting of Congress or any of its committees or subcommittees, constitutional
commissions or committees, or any provincial board or city or municipal council or board
2. That the offender does any of the following acts:
a) He disturbs any of such meetings.
b) He behaves while in the presence of any such bodies in such a manner as to interrupt its
proceedings or to impair the respect due it.

Congress may also punish for contempt.

The complaint for disturbance of proceeding must be filed by a member of legislative body, cannot be
prosecuted de oficio. Disturbance created by participant in the meeting not covered by Art. 144
Section Two Violation of
parliamentary immunity
 ART. 145 VIOLATION OF
PARLIAMENTARY IMMUNITY
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; and the penalty of prision correccional4 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. (As
amended by Com. Act No. 264)
Punishable Acts:
1. Using force, intimidation, threats, or frauds to prevent any member from
(a) attending the meetings of Congress or any of its committees or subcommittees,
constitutional commissions or committees or divisions thereof, or from
(b) expressing his opinions or
(c) casting his vote.

ELEMENTS:
a) That the offender uses force, intimidation, threats or fraud.
b) That the purpose of the offender is to prevent any member of Congress from
a) Attending the meetings of the Congress or any of its committees or constitutional
commissions, etc.; or
b) Expressing his opinions; or
c) Casting his vote.
2. Arresting or searching any member while Congress is in session, except in cases where such member has
committed a crime punishable under the Code by a penalty higher than prision mayor.

ELEMENTS:
1) That the offender is a public officer or employee;
2) That he arrests or searches any member of Congress;
3) That the Congress, at the time of arrest or search, is in regular or special session;
4) That the member arrested or searched has not committed a crime punishable under the Code by a penalty
higher than prision mayor.

Q: What is session?
A: It refers to the entire period from its initial convening until its final adjournment.

Parliamentary immunity does not protect members of the Congress from responsibility before the
legislative body itself.

The 1987 Constitution exempts member of Congress from arrest, while the Congress is in session, for all
offenses punishable by a penalty less than prision mayor.
ART. 146 ILLEGAL
ASSEMBLIES
The penalty of prision correccional in its maximum period1 to prision mayor in its medium
period shall be imposed upon the organizers or leaders of any meeting attended by armed
persons for the purpose of committing any of the crimes punishable under this Code, or of 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. Persons merely
present at such meeting shall suffer the penalty of arresto mayor,2 unless they are armed, in
which case the penalty shall be prision correccional.3
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. (As amended by Rep. Act No. 12)
Forms of Illegal Assemblies:
1. Any meeting attended by armed persons for the purpose of committing any of
the crimes punishable under the Code.

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

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.

REQUISITES:
a) That there is a meeting, a gathering or group of persons, whether in a fixed place or
moving.
b) That the audiences, whether armed or not, is incited to the commission of the crime of
treason, rebellion or insurrection, sedition or direct assault.
Meeting is a gathering or group whether in a fixed place or moving

PERSONS LIABLE IN ILLEGAL ASSEMBLIES:

1. The organizers or leaders of the meeting
2. Persons merely present at the meeting
It is necessary that the audience is actually incited. If in the meeting the audience is incited to
the commission of rebellion or sedition, the crimes committed are ILLEGAL ASSEMBLY as regards
to the organizers or leaders or persons merely present and INCITING TO REBELLION OR SEDITION
insofar as the one inciting them is concerned

PRESUMPTIONS:
If any person carries an unlicensed firearm, it is presumed that:
1. the purpose of the meeting insofar as he is concerned is to commit acts punishable under the
RPC, and
2. he is considered a leader or organizer of the meeting.
Not all the persons present at the meeting of the first form of illegal assembly must be armed.