TITLE THREE

CRIMES AGAINST PUBLIC ORDER

 LEARNING OBJECTIVES

• Identify the acts that constitute crimes against public order;

• Distinguish between rebellion and sedition, and all other acts that cause
public disorder;

• Understand the specific elements that pertain to such crimes; and

• Name the penalties that correspond to crimes against public order under the
RPC.
 CHAPTER ONE

REBELLION, SEDITION, AND DISLOYALTY

 ARTICLE 134. REBELLION OR
INSURRECTION

• Article 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)*.

*REPUBLIC ACT No. 6968 October 24, 1990

AN ACT PUNISHING THE CRIME OF COUP D′ÉTAT BY AMENDING ARTICLES 134, 135 AND 136 OF CHAPTER ONE, TITLE THREE OF ACT NUMBERED THIRTY-EIGHT HUNDRED AND FIFTEEN, OTHERWISE KNOWN AS THE REVISED
PENAL CODE, AND FOR OTHER PURPOSES
 ELEMENTS

1. There is a public uprising and taking arms against the government;

2. The purpose of the uprising or movement is either:

• 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

• To deprive the Chief Executive or Congress, wholly or partially, of any of their powers or
prerogatives.
 DISTINGUISH
REBELLION VS TREASON

REBELLION TREASON

Levying war vs. the government during Levying war vs. the government to aid
peacetime for any purpose the enemy

Committed by taking up arms vs. the Committed by mere adherence to the

government enemy, giving him aid and comfort
 SCENARIO

• Ding, armed with high-powered firearms, publicly assembled in Padre Faura,

Ermita, Manila with a contingent where the Supreme Court is situated. They
overpowered the guards, entered the Court’s premises and hoisted the ISIS flag.
Their motive, being political, they wanted to remove from the allegiance to the
Philippine government a part of the territory of the Philippines, particularly the
Court’s compound and establish it as an ISIS-territory.
• What crime has been committed?
 ELEMENTS

1. There is a public uprising and taking arms against the government;

2. The purpose of the uprising or movement is either:

• 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

• To deprive the Chief Executive or Congress, wholly or partially, of any of their powers or
prerogatives.
 SCENARIO

• Ding, armed with high-powered firearms, publicly assembled in Padre Faura,

Ermita, Manila with a contingent where the Supreme Court is situated. They
overpowered and killed the guards, entered the Court’s premises and hoisted
the ISIS flag. While inside the court’s premises, they raped several women and
hanged them in front of the public thereafter. Their motive, being political, they
wanted to remove from the allegiance to the Philippine government a part of
the territory of the Philippines, particularly the Court’s compound and establish
it as an ISIS-territory.
• What crime/s have been committed?
 THEORY OF ABSORPTION

• Rebellion absorbs “other acts committed in its pursuance.”

Jurisprudence also teaches us that offenses under special laws are also
absorbed.

• All crimes, whether punishable under a special law or general law,

which are mere components or ingredients, or committed in
furtherance thereof, become absorbed in the crime of rebellion and
cannot be isolated and charged as separate crimes in themselves.
 REBELLION AS AN ACT OF
TERRORISM (RA 9372)

• Rebellion may be subsumed under the crime of terrorism.

If the objective of rebellion is “to sow and create a
condition of widespread fear among the populace in order
to coerce the government to give in to an unlawful
demand.”
 REMEMBER

• The gravamen of the crime of rebellion is “an

armed public uprising against the government.”
 ARTICLE 134-A. COUP D'ETAT

• 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).
 1.Swift attack accompanied by (VITSS):
 Violence
 Intimidation
 Threat
 Strategy, or
 Stealth

2.Directed against:
 Duly constituted authorities of the Philippines, or
ELEMENTS

 Any military camp or installation, or

 Any communications networks, or
 Public utilities, or
 Other facilities needed for exercise and
 Continued possession of power

3.Singly or simultaneously carried out anywhere in the Philippines

4.By any person/s belonging to:

 The military, or
 The police, or
 Any public officer or employee

5.With or without civilian support or participation

6.Purpose: to seize or diminish state power

 SCENARIO

On July 26, 2003, President Gloria Macapagal Arroyo received intelligence reports that some members of
the AFP, with high-powered weapons, had abandoned their designated places of assignment. Their aim was
to destabilize the government. The President then directed the AFP and the Philippine National Police (PNP)
to track and arrest them.

On July 27, 2003 at around 1:00 a.m., more than 300 heavily armed junior officers and enlisted men of the
AFP – mostly from the elite units of the Army’s Scout Rangers and the Navy’s Special Warfare Group –
entered the premises of the Oakwood Premier Luxury Apartments on Ayala Avenue, Makati City. They
disarmed the security guards and planted explosive devices around the building.

Led by Navy Lt. (SG) Antonio Trillanes IV, the troops sported red armbands emblazoned with the emblem of
the "Magdalo" faction of the Katipunan. The troops then, through broadcast media, announced their
grievances against the administration of President Gloria Macapagal Arroyo, such as the graft and corruption
in the military, the illegal sale of arms and ammunition to the "enemies" of the State, and the bombings in
Davao City intended to acquire more military assistance from the US government. They declared their
withdrawal of support from their Commander-in-Chief and demanded that she resign as President of the
Republic. They also called for the resignation of her cabinet members and the top brass of the AFP and PNP.
 ARTICLE 135. PENALTY FOR REBELLION,
INSURRECTION OR COUP D'ETAT.  

Article 135. Penalty for rebellion, insurrection or coup d'etat. - Any person who promotes, maintains, or heads rebellion or
insurrection shall suffer the penalty of reclusion perpetua.

Any person merely participating or executing the commands of others in a rebellion shall suffer the penalty of reclusion temporal.

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 prision mayor in its maximum period.

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 reclusion temporal in its maximum period.

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, as performed similar acts, on behalf or
the rebels shall be deemed a leader of such a rebellion, insurrection, or coup d'etat. (As amended by R.A. 6968, approved on
October 24, 1990).
 1. The leaders

FOR
INSURRECTION
 Any person who
i. Promotes
ii. Maintains
iii. Heads
LIABLE

 Any person who

i. Leads
ii. Directs
iii. Commands others to undertake RIC
AND COUP D’ETAT

2. The participants
ARE

 Any person who

REBELLION,

i. Participates
ii. Executes the commands of others

 Any person not in the government service who

WHO

i. Participates support
ii. Finances
iii. Abets
iv. Aids in undertaking RIC
 "ART. 136. CONSPIRACY AND PROPOSAL TO
COMMIT COUP D’ETAT, REBELLION, OR
INSURRECTION

"Art. 136. Conspiracy and proposal to commit coup d’etat, rebellion,

or insurrection - The conspiracy and proposal to commit coup d’etat shall
be punished by prisión mayor in its minimum period and a fine which
shall not exceed One million pesos (₱1,000,000).

"The conspiracy and proposal to commit rebellion or insurrection shall be

punished respectively, by prisión correccional in its maximum period and
a fine which shall not exceed One million pesos (₱1,000,000) and by
prisión correccional in its medium period and a fine not exceeding Four
hundred thousand pesos (₱400,000)."
 ELEMENTS

1. A person who decides to rise publicly and take arms against the government
for any of the purposes of rebellion

2. Proposes its execution to others

ARTICLE 137. DISLOYALTY OF PUBLIC
OFFICERS OR EMPLOYEES.

Article 137. Disloyalty of public officers or employees. -

The penalty of prision correccional in its minimum period
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. (Reinstated by E.O. No.
187).
 ELEMENTS

1. The offender is a public officer or employee

2. He commits ANY of the following acts:

a. He fails to resist a rebellion by all means in their power, or
b. He continues to discharge the duties of their offices under the
control of the rebels, or
c. He accepts appointment to office under them.
 REMEMBER

• It is committed by 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.
 ARTICLE 138. INCITING A
REBELLION OR INSURRECTION

Article 138. Inciting a rebellion or insurrection. - The

penalty of prision mayor in its minimum period 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. (Reinstated by E.O. No. 187).
 ELEMENTS

1. The offender does not take arms or is not in open hostility against
the government;

2. He incites others to the execution of any of the acts of rebellion;

3. The inciting is done by means of speeches, proclamation, writings,

emblems, banners, or other representations tending to the same end.
 INCITING TO REBELLION VS.
PROPOSAL TO COMMIT REBELLION

Inciting to Rebellion Proposal to Commit Rebellion

In both crimes, the offender induces another to commit rebellion

Not required that he has decided to The person who proposes has decided to
commit rebellion commit rebellion

The act of inciting is done publicly The person who proposes the execution
of the crime uses secret means
 ARTICLE 139. SEDITION

Article 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:

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;

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 (or the Government of the United States), of
all its property or any part thereof.
 1. The offenders rise publicly and tumultuously;
2. They employ force, intimidation, or other means outside of legal methods
3. The offenders employ any of those means to attain any of the following objects
a. To prevent
i. The promulgation or execution of any law, or
ii. The holding of any popular election
ELEMENTS

b. To prevent
i. The national government
ii. Any provincial or municipal government
iii. 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 of employee

d. To commit, for any political or social end, any act of hate or revenge against private person or any social class

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

i. Person,
ii. Municipality or province, or
iii. The national government of all its property or any part thereof.
 NATURE OF SEDITION

• Sedition in its general sense is the raising of commotions or

disturbances in the State.
• The ultimate object of sedition is a violation of the public
peace or atleast such a course of measure as evidently
engenders it.
 SCENARIO

On the night of June 3, 1902, a band composed of about four hundred men, among whom were the
accused, armed with guns, revolvers, talibones, bolos, and clubs, raided the town of Cabiao; that
said band went through the streets of the town firing shots, yelling, and frightening the inhabitants
thereof;
The reason for the uprising was that the rich were loaning money at usurious terms to their farm
laborers, and when the latter were unable to pay the loan they compelled their children to work for
them as servants; and that since the wealthy landowners continued oppressing the poor, they had to
disturb the town, because the law must be equally applied to the rich and the poor
The association called "Santa Iglesia", to which the accused belongs, was organized for the purpose
of performing acts of hatred and vengeance against the authorities and the wealthy people in the
town, in which were put in practice and execution acts tending to such political-social ends.
 ART. 140. PENALTY FOR SEDITION

"Art. 140. Penalty for sedition - The leader of sedition shall

suffer the penalty of prisión mayor in its minimum period
and fine not exceeding Two million pesos (₱2,000,000).

"Other persons participating therein shall suffer the penalty

of prisión correccional in its maximum period and a fine not
exceeding One million pesos (₱1,000,000)."
 ART. 141. CONSPIRACY TO COMMIT
SEDITION

• "Art. 141. Conspiracy to commit sedition. - Persons

conspiring to commit the crime of sedition shall be
punished by prisión correccional in its medium period and
a fine not exceeding Four hundred thousand pesos
(₱400,000)."
 ELEMENTS

1. There is an agreement or decision to rise publicly and tumultuously

2. To attain of the objects of sedition

 ART. 142. INCITING TO SEDITION

• Art. 142. Inciting to sedition. - The penally of prisión correccional in its maximum period and a fine not
exceeding Four hundred thousand pesos (₱400,000) 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, 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."
 ELEMENTS

1. The offender does not take direct part in the crime of

sedition;

2. He incites others to the accomplishment of any of the acts

which constitute sedition;

3. The inciting is done by means of speeches, proclamations,

writings, emblems, cartoons, banners, or other
representations tending the same end.
 F I L I P I N O T E A C H E R R O N N E L M A S R E A C T S TO B E I N G
TA K E N I N TO C U S TO D Y B Y N AT I O N A L B U R E A U O F
I N V E S T I G AT I O N A G E N T S I N S A N TA C R U Z , P H I L I P P I N E S ,
O N M AY 1 2 , 2 0 2 0 .

• Agents with the Philippine justice

department arrested Mas from his residence
in Santa Cruz, a town in northwestern
Zambales province on May 11 after he
allegedly tweeted a message, which said “I
will give a 50 million peso reward to
whoever will kill Duterte.”

• A criminal complaint was filed against Mas

on charges of inciting sedition, which is
punishable by up to six years in prison, and
of violating the country’s cybercrime law.
 DIFFERENT ACTS OF INCITING TO
SEDITION

1. Inciting others to accomplishment of any of the acts which constitute

sedition by means of speeches, proclamations, writings, emblems, etc.

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

3. Writing, publishing or circulating scurrilous libels against:

1. The government, or
2. Any of the duly constituted authorities thereof which tend to disturb the public
office.
 WHEN IS ARTICLE 142 PUNISHABLE?

1. They tend to disturb or obstruct any lawful officer in exercising 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, or
• Disturb the safety and order of the government

5. Knowingly conceal such evil practice.

 CHAPTER TWO

CRIMES AGAINST POPULAR

REPRESENTATION
 SECTION 1

CRIMES AGAINST LEGISLATIVE BODIES AND

SIMILAR BODIES
 ART. 143. ACTS TENDING TO PREVENT THE
MEETING OF CONGRESS AND SIMILAR BODIES

• Art. 143. Acts tending to prevent the meeting of

Congress and similar bodies - The penalty of prisión
correccional or a fine ranging from Forty thousand pesos
(₱40,000) to Four hundred thousand pesos (₱400,000), or
both, shall be imposed upon any person who, by force or
fraud, prevents the meeting of Congress 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.
 ELEMENTS

1. That there be a projected or actual meeting of:

a. The senate or lower house, or any of the committee or sub-committees
b. Constitutional commission or committees or divisions thereof
c. Provincial Board
d. City or Municipal Council or Board

2. The offender, who may be any person, prevents such meeting

by force or fraud.
 ART. 144. DISTURBANCE OF
PROCEEDINGS

• Art. 144. Disturbance of proceedings - The penalty of

arresto mayor or a fine from Forty thousand pesos
(₱40,000) to Two hundred thousand pesos (₱200,000) shall
be imposed upon any person who disturbs the meetings of
Congress 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.
 ELEMENTS

1. There is a meeting of:

a. The Senate or Lower house or any of its committees or sub-committee
b. Constitutional commissions or committees or divisions thereof
c. Provincial Board
d. City or Municipal Council or Board

2. 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 the manner as:
• To interrupt its proceedings, or
• To impair the respect due to it.
 SCENARIO

• During a called meeting by Mayor Emilou for all key

officials in the municipality of Cateel, the C.O.P. kept on
talking although he had been asked by the mayor to sit
down, and there was a heated exchange of words among
the mayor, councilor and the C.O.P, which brought
disturbance to the said meeting.

• Is the COP criminally liable? What is the crime committed,

if any?
 SECTION 2

VIOLATION OF PARLIAMENTARY IMMUNITY

 ARTICLE 145. VIOLATION OF
PARLIAMENTARY IMMUNITY.

• Article 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
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 of prision mayor or higher.
 ELEMENTS OF TYPE 1

1. The offender (any person) uses:

a. Force
b. Intimidation
c. Fraud
d. Threats

2. The purpose of the offender is to prevent any member of the Legislature

from:
a. Attending the meetings (not merely session) of the:
i. Senate or lower house, or any of its committees or subcommittees
ii. Constitutional commissions or committees or divisions thereof
iii. Provincial Board
iv. City or Municipal Council or Board, or

b. Expressing opinions; or
c. Casting his vote.
 ELEMENTS OF TYPE 2

1. The offender is a public officer or employee

2. He arrests or searches any member of the Legislature

3. The Legislature, at the time of the arrest or search is in regular session

4. The member arrested or searched has not committed a crime punishable

under the RPC by a penalty higher of prision mayor or higher.
 BASIS

• A senator or member of the House of Representatives shall,

in all offenses punishable by not more than six years
imprisonment, be privileged from arrest while Congress is
in session. No member shall be questioned nor be held
liable in any other place for any speech or debate in the
Congress or in any committee thereof.
 CHAPTER THREE

ILLEGAL ASSEMBLIES AND

ASSOCIATIONS
 PRESIDENTIAL DECREE NO. 1835

ANTI-SUBVERSION LAW OF 1981

CODIFYING THE VARIOUS LAWS ON ANTI-SUBVERSION Section 4. Whoever knowingly, willfully and by overt act affiliates with,
AND INCREASING THE PENALTIES FOR MEMBERSHIP IN becomes or remains a member of a subversive association or organization as
SUBVERSIVE ORGANIZATIONS defined in Section 2 hereof, whether committed or outside the territorial
jurisdiction of the Philippines, shall be punished by reclusion temporal and in
addition thereto shall suffer the forfeiture of his rights as a citizen of the
Section 2. The Communist Party of the Philippines is hereby Philippines, including permanent disqualification from holding any public
declared to be an organized conspiracy for the purpose of office, appointive and elective, and from exercising the right to vote, if he is a
overthrowing the Government of the Republic of the Philippines or Philippine citizen, and confiscation of his property, real or personal in favor
for the purpose of removing from the allegiance to said government of the State, in case of a second conviction, the principal penalty shall be
or its laws, the territory of the Philippines or any part thereof, with reclusion perpetua; and in all subsequent convictions the penalty of reclusion
the open or covert assistance or support of a foreign power or the perpetua to death shall be imposed; and any alien convicted after he shall
open or covert support from a foreign source of any association, serve the sentence imposed upon him: Provided, That if such member is an
group of persons, whether public or private, by force, violence, officer or a ranking leader of such subversive organization or association as
defined in Section 2 hereof, or if such member takes up arms against the
terrorism, arson, assassination, deceit or other illegal means. The
Government, he shall be punished by reclusion perpetua to death with all the
said party and any other organization, association, political party or
accessory penalties provided therefor in the Revised Penal code; And
group of persons organized for the same purpose and their successors
provided, finally, That one who conspires with any other person for the
are hereby considered and declared subversive organizations.
purpose of over-throwing the Government of the Republic of the Philippines
or the government of any of its political subdivisions and to place such
Government or political subdivision under the control and domination of a
Section 3. As used in this Decree, the term "Communist Party of
foreign power or for the purpose of removing from the allegiance to said
the Philippines" shall mean and include among others, the government or its laws, the territory of the Philippines or any part thereof, by
organizations now known as the Communist Party of the Philippines force, violence, terrorism, arson, assassination, deceit or other illegal means,
and its military arm, the New People's Army, and any such shall be punished by reclusion temporal with all the accessory penalties
organizations/ associations whose purposes are allied thereto. provided therefor in the same Code.
END HERE