Criminal Law II Bring Home Quiz

1. What are the acts punished under Article 131?

Article 131 speaks about the prohibition, interruption
and dissolution of peaceful meetings. The acts punished
are as follows:
a. Prohibiting, interrupting or dissolving any peaceful
meeting without legal ground;
b. Hindering any person from joining any unlawful
organization or from attending any of its meetings;
and
c. Prohibiting or hindering any person from addressing
any petition to the authorities for correction of
abuses or redress of grievances.

2. What are the religious ceremonies or manifestations covered

by Article132 and 133?
Article 132 and 133 cover interruption of religious
worship and offending of religious feelings. In the
former, only public officers or employees can commit
the crime. It is when ceremonies or manifestations of
any religion are prevented and disturbed. In the latter,
both public officer and private person may commit the
crime. The act notoriously offensive to religious feelings
must be directed against a religious ritual, practice and
the like for the purpose of mockery and ridicule.

3. What is required for the act to constitute crimes against

religious worship?
The following are required for the act to constitute
crimes against religious worship:
a. The offender is a public officer or employee;
b. Religious ceremonies or manifestations of any
religion are about to take place or are going on; and
c. Offender prevents or disturbs the same.

4. What is the meaning of the phrase “notoriously offensive”?

“Notoriously offensive“ means that the acts must be
directed against religious practice or dogma or ritual for
 the purpose of ridicule, as mocking or scoffing at or
attempting to damage an object of religious veneration.

In the case of People vs. Mandorio, remarks that those

who believed that Christ is God are anti-Christ, that all
the members of the Roman Catholic Church are marked
by the demon, and that the Pope is the Commander of
Satan are notoriously offensive to the feelings of the
faithful.

5. How is the crime of rebellion committed?

The essence of Rebellion is public uprising and taking
arms against the government. Rebellion is a mass
movement. It must be committed by a multitude.
Therefore, it cannot be committed by a handful of men.
Moreover, the purpose of the uprising or movement is
either:
a. To remove from the allegiance to said government or
its laws the territory of the Philippines or any part
thereof, or any body of land, naval or other armed
forces; or
b. To deprive the Chief Executive or the Congress
wholly or partially of any of their powers or
prerogatives.

6. What amendments were introduced by RA 6968 on

rebellion?
RA 6968 or commonly referred to as the Coup d’etat
law punishes the crime of Coup d’etat by amending
Articles 134, 135 and 136. It did not only provide for the
crime of Coup d’etat in the Code but moreover, deleted
from the provision of Article 135 the portion referring to
those: “Who while holding any public office or
employment takes part therein (rebellion or
insurrection), engaging in war against the forces of the
government, destroying property or committing serious
violence, exacting contributions or diverting public
funds appropriated.” Hence, the over acts used to be
punished as components of the crime rebellion have
 been severed. The legal impediment to the application
of Art. 48 of the Code to the rebellion had been
removed so rebellion can now be complexed with
common crimes. Moreover, RA 6968 included
conspiracy and proposal to commit Coup D’etat as
crimes punishable under Article 136 of the Revised
Penal Code.

7. What is the nature of the crime of rebellion?

The crime of rebellion or of inciting it is by nature a
crime of masses, of a multitude. It is a vast movement
of men and a complex net of intrigues and plots. The
“rebellion” evokes not merely a challenge to the
constituted authorities, but also civil war on a bigger or
lesser scale.

8. In order to make out a case of rebellion, what motivation for

the killing of the victim by offender must be shown?
In deciding if the crime is rebellion, not murder, it
becomes imperative for the courts to ascertain whether
or not the act was done in furtherance of a political end.
The political motive of the act should be conclusively
demonstrated. It is not enough that the over acts of
rebellion are duly proven. Both purpose and overt acts
are essential components of the crime.

9. When a criminal act has elements common to more than one

offense, who has the option to choose the case to file?
The public prosecutor has the option to ascertain which
prosecutions should be initiated on the basis of the
evidence at hand. That a criminal act may have
elements common to more than one offense does not
rob him of that option and mandatorily require him to
charge the lesser offense though the evidence before
him may warrant prosecution of the more serious one.

10. Who has the burden of proving the political motivation

in the case?
 If political motivation is an element of rebellion, it must
be alleged in the information. Whatever is alleged in
the information, it must be proved by the prosecution.
The burden of proving that the motivation for crime is
political and not private is on the defense, motive being
a state of mind which the accused better than any
individual knows.

11. May offenders be charged for “common crimes”, such

as murder and illegal possession of firearms separately from
rebellion and insurrection?
Yes, the Revised Penal Code treats rebellion or
insurrection as a crime distinct from murder, homicide,
arson and other felonies that might be committed in the
course of rebellion. It allows separate prosecutions for
either murder or rebellion, although not for both where
the indictment alleges that the former has been
committed in furtherance of, or in connection with the
latter.

It is within the power of the legislature to determine

what acts or omissions other than that set out in the
RPC or other statutes are to be condemned as separate
crimes and what penalties should be attached thereto.
The power is not diluted or improperly wielded just
because at some prior time, the act or omission was but
an element or ingredient of another offense or might
actually have been connected with another crime.

12. How is the crime of coup d’etat committed?

Coup d’etat is committeed as follows:
a. How – by a swift attack accompanied by violence,
intimidation, threat, strategy or stealth.
b. Against – duly constituted authorities or any military
camp or installation, communications networks, public
utilities or other facilities needed for the exercise and
continued possession of power.
c. Number of offenders – singly or simultaneously carried
out anywhere in the Philippines.
 d. Offender – any person or persons, belonging to the
military or police or holding any public office or
employment, with or without civilian support or
participation.
e. Objective – to seize or diminish state power.

13. Distinguish rebellion from coup.

Rebellion and Coup d’etat may be distinguished from
each other in the following ways:
a. The essence of Rebellion is rising publicly and taking
arms up against the government. The essence of Coup
d’etat is a swift attack upon the facilities of the
government, its military camps or installations,
communication network and public facilities and
utilities essential to the continued exercise of
governmental powers.
b. In Rebellion, the criminal objective is to overthrow the
government and the offenders to establish their own. In
Coup d’etat, the objective is to destabilize, immobilize
or paralyze the existing government by taking over
such facilities and utilities essential to the continued
exercise of governmental powers.
c. In Rebellion, the crime is committed by a multitude and
cannot be committed by a handful of man. In Coup
d’etat, it may be committed singly or collectively and
requires as a principal offender a member of the AFP or
PNP organization or a public officer with or without
civilian support.

14. What is the nature of sedition?

Sedition, in its general sense, is the raising of
commotions or disturbances in the State. The ultimate
subject of sedition is a violation of the public peace or
at least such a course of measures as evidently
engenders it.

15. Compare rebellion and sedition.

Rebellion and Sedition may be distinguished from each
other in the following ways:
 a. The purpose of Rebellion is political that is to overthrow
the duly constituted government. The purpose of
Sedition is may be political or social for carrying out
protest against a social class or disobedience from a
governmental action and not for the purpose of
overthrowing the government.
b. In Rebellion, the use of firearm is essential; it is an
ingredient of rebellion, hence, the offender cannot be
prosecuted for illegal possession of firearms because
this is absorbed in Rebellion. In Sedition, the use of
firearm is not an essential ingredient of sedition.
However RA 8294 decreed that sedition absorbs the
use of unlicensed firearm as an element thereof, hence
not aggravating and the offenders can no longer be
prosecuted for illegal possession of firearm.

16. When disorderly conduct occurs during a rally, will it

always result to the crime of sedition?

17. Who can commit the crime of inciting to rebellion or

sedition?

18. Can direct assault be committed when there is rebellion

or sedition?

19. Compare inciting to sedition (Article 142), tumults

(Article 153), and direct assault (Article 148).

20. Can wearing t-shirts printed with anti-government

incentives amount to inciting to sedition?

21. Can warrantless arrest of persons suspected of

rebellion be validly resorted to?

22. What remedies are available to one suspected of rebellion

and arrested without warrant?