ARTICLE 134 REBELLION/ INSURRECTION

Elements:
1. That there be:
a. Public uprising; and
b. Taking up of arms against the government.
2. For the purpose of either:
a. Removing from the allegiance to said Government or its laws:
i. The territory of the Philippines, or any part thereof; or
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.

-If the act is to deprive the Judiciary of its powers or prerogatives, the crime committed is sedition.

Rebellion
More frequently used where the object of the movement is to completely 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. The purpose of the uprising must be shown.
Without evidence to indicate the motive or purpose of the accused, the crime does not constitute rebellion. It may constitute other crimes like sedition
or kidnapping.

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.

-ACTUAL CLASH with the armed forces of the Government is NOT necessary to convict the accused who is in conspiracy with others actually taking
arms against the Government.
-Giving aid and comfort is not criminal in rebellion.
-Persons acting as couriers or spies for rebels are guilty of rebellion.
-Mere silence regarding the presence of rebels despite knowledge of a rebellion is not punishable.
-Rebellion cannot be complexed with, but absorbs other crimes committed in furtherance of rebellious movement. There is no complex crime of
rebellion with murder and other common crimes, whether such crimes are punishable under a special law or general law (RPC) provided that such
crimes are committed in furtherance or in pursuance of the movement to overthrow the government.
-Under Section 3 of the Human Security Act of 2007, a person who commits an act punishable as rebellion or insurrection, thereby sowing and
creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful
demand shall be guilty of Terrorism.

ARTICLE 134-A COUP DETAT

Elements:
1. That the offender is a person or persons belonging to the military or police or holding any public office or employment;
2. That it is committed by means of a swift attack, accompanied by violence, intimidation, threat, strategy, or stealth;
3. That the attack is directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, or
communication networks, public utilities or other facilities needed for the exercise and continued possession of power; and
4. That the purpose of the attack is to seize or diminish state power.

-The crime of coup detat may be committed with or without civilian participation.
-State Power includes power of the President, Legislative and Judicial Power, including police power.
-Under Section 3 of the Human Security Act of 2007, a person who commits an act punishable as coup detat including acts committed by private
persons, thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the
government to give in to an unlawful demand, shall be guilty of Terrorism.

Rebellion
1. To remove from the allegiance to said Gov't

Treason
As to purpose
Violation by a subject of his allegiance to his

Coup detat
To destabilize the government or diminish state

or the laws the territory of the Phils. or any

sovereign or to the supreme authority of the

power

body of land, naval or other armed forces;

State.

2. To deprive the Chief Executive or Congress

of any of their powers.
1. Public uprising; and

Manner of commission
1. By levying war against the Gov't;

Swift attack accompanied by violence,

2. By taking arms against the Gov't.

2. By adhering to the enemies of the Phils.,

intimidation, threat, strategy or stealth directed

giving them aid or comfort

against the government or any military camp or

installation or communication networks, public
utilities or other facilities needed for the
exercise and continued possession of power.

ARTICLE 135 PENALTY FOR REBELLION OR INSURRECTION OR COUP DETAT

Persons liable for rebellion, insurrection and/or coup detat:
A. The leaders
1. Any person who
a. Promotes;
b. Maintains;
c. Heads a rebellion or insurrection; or
2. Any person who
a. Leads;
b. Directs; or
c. Commands others to undertake a coup detat;
B. The participants
1. Any person who
a. Participates; or
b. Executes the commands of others in rebellion, or insurrection;
2. Any person in the government service who
a. Participates; or
b. Executes directions or commands of others in undertaking a coup detat;
3. Any person not in the government service who
a. Participates;
b. Supports;
c. Finances;
d. Abets; or
e. 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.

-Being a mere assistant to a principal, guilty of rebellion, the accused is guilty only as a participant in the commission of Rebellion under par. 2 of Art.
135 .
-Membership in a rebel organization does not automatically qualify criminal acts as absorbed in rebellion. It must be conclusively demonstrated that
the criminal acts were committed in furtherance of rebellion

Political Crimes
In contrast to common 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.

-Killing, robbing, etc., for private purposes or profit, without any political motivation, would be separately punished and would not be absorbed in the
rebellion.

ARTICLE 136 CONSPIRACY & PROPOSAL TO COMMIT REBELLION, INSURRECTION OR COUP D ETAT
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.

ARTICLE 137 DISLOYALTY OF PUBLIC OFFICERS/EMPLOYEES

Acts Punished:
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 offender must be a public officer or employee.

-The crime presupposes the existence of rebellion by other persons; the offender must not be in conspiracy with the rebels; otherwise, he himself will
also be guilty of rebellion.

ARTICLE 138 INCITING TO REBELLION/ INSURRECTION

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; and
3. That the inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end.

Proposal to Commit Rebellion

Inciting to Rebellion
In both crimes, the offender induces another to commit rebellion.
The person who proposes has decided to commit
It is not required that the offender has decided to
rebellion.
The person who proposes the execution of the

commit rebellion.
The act of inciting is done publicly.

crime uses secret means.

In both, the crime of rebellion should not be actually committed by the persons
to whom it is proposed or who are incited. If they commit rebellion because of
the proposal or inciting, the proponent or the one inciting may become a
principal by inducement in the crime of rebellion.

ARTICLE 139 SEDITION

Elements:
1. That the offenders rise:
a. Publicly; and
b. 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 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 or 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.

-Sedition cannot be committed by one person. Article 189 states The crime of sedition is committed by persons who rise publicly and tumultuously.
In Article 163, the word tumultuous is given a definite meaning. It says that the disturbance shall be deemed to be tumultuous if caused by more
than three persons who are armed or provided with the means of violence.
-Public uprising and an object of sedition must concur. In sedition, it is immaterial if the objective be completely attained. Mere public uprising for any
of the objectives mentioned in Art. 139 is punishable. General Rule: Common Crimes are NOT absorbed in sedition. Exception: Sedition absorbs the
use of unlicensed firearms as an element thereof, pursuant to RA 8294.

ARTICLE 140 PENALTY FOR SEDITION

Persons liable:
1. The leader of the sedition; and
2.Other persons participating in the sedition

ARTICLE 141 CONSPIRACY TO COMMIT SEDITION

-Only conspiracy to commit sedition is punishable and not Proposal to commit sedition.
-There must be an agreement both to attain an object of sedition and to rise publicly and tumultuously.

ARTICLE 142 INCITING TO SEDITION

Acts Punished:
1. Inciting others to commit sedition by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending
to the same end;
2.Uttering seditious words or speeches which tend to disturb the public peace;
3.Writing, publishing, or circulating scurrilous libels against the Government or any of its duly constituted authorities;
4. Knowingly concealing such evil practices. Knowingly concealing such evil practices is ordinarily an act of the accessory after the fact, but under
this provision, the act is treated and punished as that of the principal.

-Scurrilous means low, vulgar, mean, or foul.

Elements of Act no. 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 acts which constitute sedition; and
3. That the inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the
same end.

Acts nos. 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; or
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.

Rules relative to seditious words:

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. Present refers to the time element. It used to be identified with imminent
and immediate danger. The danger must not only be probable but very likely inevitable.

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.

Reason 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.