WHAT IS REBELLION?
🌟 more frequently used where the object of the movement is completely to overthrow and supersede the
existing government
WHAT IS 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
WHAT ARE THE ELEMENTS OF 134? (REBELLION OR INSURRECTION)
🌟 1. That there be:
a) public uprising and
b) taking arms against the government (force/violence)
2. That 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 congress, wholly or partially, of any of their powers or
prerogatives
WHAT DO YOU MEAN BY REPUBLIC ACT PUBLIC UPRISING?
🌟 Republic Act 6968, a "public uprising" refers to a rebellion or insurrection, which involves publicly
rising and taking arms against the government to undermine its authority. This action is often aimed at
removing the territory of the Philippines or any part of it from allegiance to the government, or to deprive
the Chief Executive or Congress of their powers.
DIFFERENCE BETWEEN REBELLION AND INSURRECTION
🌟 (REBELLION) The movement is completely to overthrow and supersede the government.
🌟 (INSURRECTION) In reference to a movement which seeks merely to
1) effect some change of minor importance, or
2) to prevent the exercise of governmental authority with respect to particular matters or subjects
DIFFERENCE BETWEEN REBELLION AND TREASON
🌟(REBELLION) The public uprising and taking up arms are against own country. Levying of war against
🌟 (TREASON) There is adherence to the enemy country. Levying of war against the Government is
the Government is done during times of peace
done during times of war
WHO ARE LIABLE FOR THE CRIME OF INSURRECTION AND REBELLION?
🌟 Any person who promotes, maintains, or heads rebellion or insurrection shall suffer the penalty of
reclusion perpetua
WHAT IS THE DOCTRINE OF ABSORPTION?
🌟 The doctrine of absorption implies that a lesser crime is "absorbed" into a greater crime when
🌟 This doctrine is frequently applied in cases of rebellion, where common crimes like murder or
both are committed in the same context
🌟 If someone commits a murder to aid a rebellion, they will not be charged separately for the murder.
offenses under special laws are committed to advance the rebellion
The murder is considered an element of the rebellion, and only the rebellion is punished
WHAT IS COUP D’ ETAT?
🌟 defined as a swift attack, typically involving violence, intimidation, or stealth, directed against duly
constituted authorities or essential facilities of a state, with the goal of seizing or diminishing state
power
WHAT ARE THE ELEMENTS IN 134-A?
🌟 That the offender is any person or persons, belonging to the military or police or holding any
🌟 It is committed by means of a swift attack accompanied by violence, intimidation, threat,
public office or employee
🌟 That the attack directed against duly constituted authorities of the Republic of the Philippines, or any
strategy or stealth
military camp or installation, communications network, public utilities or other facilities needed for the
🌟
exercise and continued possession of power
That the purpose of the attack is to seize or diminish state power
WHO ARE LIABLE FOR THE CRIME OF COUP D’ ETAT?
🌟 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
DIFFERENCE BETWEEN COUP D’ ETAT AND REBELLION
🌟 The criminal act in Rebellion is public uprising and taking up arms against the government; while in
Coup d’état is a swift attack by means of violence, intimidation, threat, strategy or stealth against
🌟
the duly constituted authorities or facilities needed for the exercise and continued possession of powers
(REBELLION) May aim to overthrow the government, establish a new political system, or bring about
🌟
significant policy changes.
COUP D’ ETAT Focuses on replacing the leadership, often a single individual or a small group of
political elites, rather than the entire system
WHO WILL BE THE LEADER INCASE THE LEADER IS UNKNOWN IN COUP D’ ETAT
🌟Unknown leaders – any person who in fact directed the others, spoke for them, signed the
receipts, and other documents issued in their name, or performed similar acts shall be deemed
leaders
WHAT ARE THE ELEMENTS OF 137? (DISLOYALTY OF PUBLIC OFFICERS)
🌟 1) The offender must be a public officer or employee
🌟 2) That he performs acts of disloyalty
● It presupposes the existence of rebellion
1. By failing to resist a rebellion by all the means in their power; or
2. By continuing to discharge the duties of their offices under the control of the rebels
3. By accepting appointment to office under them
WHO ARE LIABLE FOR 137?
🌟 Public officers or employees and shall be punished by prision correccional in its minimum period
WHAT DO YOU MEAN BY DISLOYALTY OF PUBLIC OFFICERS?
🌟 refers to a breach of duty by individuals in government roles, specifically failing to uphold their
allegiance to the government and its laws
WHAT IS THE EFFECT IF THE OFFENDER IS ALSO IN CONSPIRACY TO THE REBEL?
🌟 The offender under Art 137 must not be in conspiracy with the rebels. The public officer or
employee who performs any of the acts of disloyalty should not be in conspiracy with the rebels;
otherwise, he will be guilty of rebellion, not merely disloyalty, because in conspiracy, the act of one
is an act of all.
WHAT DO WE MEAN BY INCITING?
🌟 means encouraging, urging, or provoking someone to commit a crime or other harmful act. It's
about persuading someone to take action, especially when that action is illegal or harmful.
WHAT ARE THE ELEMENTS OF 138?
🌟 That the offender does not take up arms or is not in open hostility against the Government
🌟That he incites others to the execution of any of the acts of rebellion
🌟 That the inciting is done by means of speeches, proclamations, writings, emblems, banners or
other representations tending to the same end
DIFFERENCE BETWEEN INCITING TO REBELLION AND PROPOSAL TO COMMIT REBELLION?
🌟 (INCITING) Not required that the offender has decided to commit rebellion. The act of inciting is
🌟 (PROPOSAL) The person who proposes has decided to commit rebellion. The person who
done publicly
proposes the execution of the crime uses secret means
WHAT IS 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 at least such a course of
measures
🌟
as evidently engenders it.
is committed by persons who rise publicly and tumultuously in order to attain by force, intimidation, or
by other means outside of legal methods
WHAT ARE THE ELEMENTS OF SEDITION?
🌟 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; (PREVENT
PROMULGATION OF LAW/HOLDING OF A 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;
(PREVENT FREE EXERCISE OF FUNCTION)
c) To inflict any act of hate or revenge upon the person or property of any public officer or employee;
(PUBLIC HATE OR REVENGE)
d) To commit, for any political or social end, any act of hate or revenge against private
persons or any social class; and (PRIVATE HATE OR REVENGE)
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. (DESPOIL PROPERTY OF ANY PERSON)
WHAT ARE TUMULTUOUSLY?
🌟 Refers to actions or events that are characterized by disorder, violence, and a lack of control. It's
often used to describe situations where a group of people act in a chaotic and disruptive manner,
potentially causing harm or disruption to public order
CAN SEDITION BE COMMITTED BY ONLY ONE PERSON?
🌟 NO, it can be committed by at least 4 people who are armed or provided with means of violence.
WHO MAY BE LIABLE FOR SEDITION?
🌟 The leader of the sedition, and shall suffer the penalty of prision mayor in its minimum period and
🌟 Other persons participating in the sedition shall suffer the penalty of prision correccional in its
a fine not exceeding 2,000,000 pesos and;
maximum period and a fine not exceeding 1,000,000 pesos.
WHAT ARE THE ACTS PUNISHABLE UNDER 142?
🌟1. Inciting 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 (INCITING)
2. Uttering seditious words or speeches which tend to disturb public peace (SEDITIOUS WORDS), not
necessary that it has objects of sedition
🌟3. 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,
which tends to disturb public peace (SCURRILOUS LIBELS), not necessary that it has objects of sedition
WHAT IS THE ELEMENTS OF THE FIRST ACT AND WHAT IS THE COMMON ELEMENTS OF THE
SECOND AND THIRD ACT?
🌟 FIRST ELEMENT: 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.
3) That the inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners,
🌟
or other
COMMON ELEMENT: Uttering seditious words or speeches which tend to disturb public peace.
Uttering seditious words or speeches and writing, publishing or circulating scurrilous libels
WHAT ARE THE WAYS OF COMMITTING DIRECT ASSAULT? (2 WAYS)
🌟 Without a public uprising, shall employ force or intimidation for the attainment of any of the purposes
🌟 Without public uprising, shall attack, employ force, or seriously intimidate or resist any person in
enumerated in defining the crimes of rebellion and sedition, or
authority or any of his agents, while engaged in the performance of official duties, or on occasion of
such performance
WHAT ARE THE CIRCUMSTANCES WHICH WILL QUALIFY DIRECT ASSAULT?
🌟1) Simple assault
🌟2) Qualified assault
❖ When the assault was committed with a weapon (includes stones, clubs, and any other object
with which some physical injury may be inflicted)
❖ Offender is a public officer or employee
❖ Offender lays hands upon a person in authority
WHEN IS EVIDENCE OF MOTIVE IMPORTANT IN DIRECT ASSAULT
🌟 Past performance - IMPORTANT
🌟 Actual performance - NOT IMPORTANT
DEFINITION AND ELEMENTS OF 149
🌟 (INDIRECT ASSAULT) refers to an act of force or intimidation against a person who is coming to the
aid of a person in authority or their agent, during the commission of a crime of direct assault. This means
the assault is directed at someone who is intervening on behalf of law enforcement, rather than directly at
🌟
the authority figure.
ELEMENTS: 1) That a person in authority or his agent is the victim of any of the forms of direct
assault denned in Art. 148.
2) That a person comes to the aid of such authority or his agent
3) That the offender makes use of force or intimidation upon such a person coming to the aid of the
authority or his agent.
ELEMENTS OF FIRST AND SECOND PARAGRAPH 151
🌟 PAR 1: 1) That a person in authority or his agent is engaged in the performance of official duty or
gives a lawful order to the offender.
2) That the offender resists or seriously disobeys such person in authority or his agent.
3) That the act of the offender is not included in the provisions of Art. 148. Direct assaults, Art.
149. Indirect assaults, and Art. 150. Disobedience to summons issued by the National Assembly, its
committees or subcommittees, by the Constitutional Commissions, its committees, subcommittees
or divisions.
🌟 PAR 2: 1) That an agent of a person in authority is engaged in the performance of official duty or
gives a lawful order to the offender.
2) That the offender disobeys such agent of a person in authority.
3) That such disobedience is not of a serious nature.
DISTINGUISH DIRECT ASSAULT VS. RESISTANCE SERIOUS DISOBEDIENCE
🌟 Resistance and disobedience - Attack or force is not serious and deliberate
🌟 Direct assault - Attack or force is serious and deliberate
Direct Assault vs Indirect Assault
🌟Direct assault is an attack on a person in authority or their agent while they are performing their
duties, while indirect assault is an attack on a person who is helping a person in authority during a direct
assault. Essentially, direct assault involves targeting a public official, while indirect assault targets a
bystander who is assisting that official.
WHAT ARE THE PUNISHABLE ACT ON 153?
🌟Causing any serious disturbance in a public place, office or establishment;
🌟Interrupting or disturbing performances, functions or gatherings, or peaceful meetings, if the act is not
🌟Making any outcry tending to incite rebellion or sedition in any meeting, association or public place;
included in Arts. 131 and 132;
🌟Displaying placards or emblems which provoke a disturbance of public order in such
🌟Burying with pomp the body of a person who has been legally executed.
place;
WHAT DO WE MEAN BY OUTCRY?
🌟to shout subversive or provocative words tending to stir up the people to obtain by means of force or
violence of the objects of rebellion or sedition
WHAT ARE THE PUNISHABLE ACT UNDER 155?
🌟Discharging any firearm, rocket, firecracker, or other explosive within any town or public place,
🌟Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or
calculated to cause (which produces) alarm or danger. – DISCHARGING FIREARMS AND EXPLOSIVES
prejudicial to public tranquility. – INSTIGATING OR TAKING PART IN CHARIVARI
🌟Disturbing the public peace while wandering about at night or while engaged in any other nocturnal
🌟Causing any disturbance or scandal in public places while intoxicated or otherwise, provided Art. 153 is
amusements. – DISTURBING PUBLIC PEACE AT NIGHT
not applicable. – DISTURBANCE OR SCANDAL IN A PUBLIC PLACE WHILE INTOXICATED
WHAT IS CHARIVARI
🌟type of public disturbance that involves actively participating in a disorderly meeting that is offensive to
🌟medley of discordant voices, a mock serenade of discordant noises made on kettle, tins, horns etc
others or prejudicial to public order.
WHAT ARE THE ELEMENTS OF 156
🌟That there is a person confined in a jail or penal establishment.
🌟That the offender removes therefrom such person, or helps the escape of such person.
🌟Employee of the penal establishment provided that he does not have custody of the person charged
WHAT IS THE LIABILITY OF A PRISONER WHO ESCAPE
🌟 A prisoner who escapes faces the penalty of prision correccional in its medium and maximum
periods for evading service of their sentence. This penalty is imposed on any convict who evades their
🌟
sentence by escaping during their term of imprisonment, even if the escape is a repeated offense.
Criminal liability will be Art 157 Evasion of service of sentence
WHAT ARE THE ELEMENTS OF 157?
🌟That the offender is a convict by final judgment.
🌟That he is serving his sentence which consists in deprivation of liberty.
🌟That he evades the service of his sentence by escaping during the term of his sentence.
CAN A PERSON PUNISHED BY DESTIERRO BE LIABLE EVASION OF SERVICE OF SENTENCE?
🌟No, a person punished by destierro (banishment) is generally not liable for evasion of service of
sentence under Article 157 of the Revised Penal Code. This is because Article 157 specifically
🌟
addresses evasion of service of sentence by escaping from imprisonment, not from banishment.
Destierro means banishment or only a prohibition from residing within the radius of 25 kilometers from
the actual residence of the accused for a specified length of time. While it is technically not imprisonment,
it still is a penalty imposed under the Revised Penal Code of the Philippines.
WHAT HAPPENS IF THE PRISONER SURRENDERS WITHIN 48 HOURS?
🌟If a prisoner surrenders within 48 hours after escaping, they are typically entitled to a deduction of
one-fifth (1/5) of their sentence. This is a special time allowance for loyalty, granted under the provisions
of Article 98 of the Revised Penal Code. The prisoner must have surrendered to the authorities within the
48-hour timeframe following the declaration of the passing of a calamity, conflagration, or other crisis.
WHAT ARE THE ELEMENTS OF 160?
🌟That the offender was already convicted by final judgment of one offense
🌟That he committed a new felony before beginning to serve such sentence or while serving the same
WHAT DO WE MEAN BY QUASI RECIDIVISM?
🌟is a special aggravating circumstance where a person, after having been convicted by final judgment,
shall commit a new felony before beginning to serve such sentence, or while serving the same. He
shall be punished by the maximum period of the penalty prescribed by law for
the new felony
HOW IS FORGERY COMMITTED?
🌟is committed by altering or creating a false document, signature, or other item with the intent to deceive
someone. This can involve signing someone else's name, altering existing documents, or creating entirely
fake items like money or artwork. The key element is the intent to defraud or deceive, and the act must
involve a legally significant item.
WHAT ARE THE KINDS OF DOCUMENTS FOR PURPOSES OF FALSIFICATION OF DOCUMENTS
FOR PURPOSES OF FALSIFICATION OF DOCUMENTS PUBLIC/PRIVATE/COMMERCIAL
DOCUMENTS?
🌟 PUBLIC AND OFFICIAL DOCUMENTS These documents are typically used in official matters and
often involve government agencies or officials. EX: Notarized or consularized documents, Court
decisions and orders, Public records, Documents related to treaties.
🌟 PRIVATE DOCUMENTS Any document that is not public or official is considered a private document.
EX: Personal letters, Contracts between individuals, Business records not considered official.
🌟 COMMERCIAL DOCUMENTS These documents relate to business transactions, such as contracts,
invoices, and financial records.
WHAT ARE THE PUNISHABLE ACTS UNDER ART 155, ALARMS AND SCANDALS?
🌟DISCHARGING FIREARMS AND EXPLOSIVES
🌟INSTIGATING OR TAKING PART IN CHARIVARI
🌟DISTURBING PUBLIC PEACE AT NIGHT
🌟DISTURBANCE OR SCANDAL IN A PUBLIC PLACE WHILE INTOXICATED
🌟
Direct Assault vs Indirect Assault
