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JAN 25
Posted by Magz
TITLE THREE
Article 134
REBELLION OR INSURRECTION
ELEMENTS:
1. That there be
1. promotes
2. maintains, or
2. Any person who, while holding any public oce or employment, takes part
therein by:
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Mere giving of aid or comfort is not criminal in the case of rebellion. Merely
sympathizing is not participation, there must be ACTUAL participation
Not necessary that there is killing, mere threat of removing Phil is sucient
Rebellion cannot be complexed with any other crime. However, illegal
possession of rearms in furtherance of rebellion is distinct from the crime of
rebellion. Furthermore, it is a continuing crime such along with the crime of
conspiracy or proposal to commit such
A private crime may be commi ed during rebellion. Examples: killing,
possessions of rearms, illegal association are absorbed. Rape, even if not in
furtherance of rebellion cannot be complexed
If killing, robbing were done for private purposes or for prot, without any
political motivation, the crime would be separately be punished and would not
be embraced by rebellion (People v. Fernando)
Read People v. Hernandez and Enrile v. Salazar
Person deemed leader of rebellion in case he is unknown:
Any person who in fact:
Article 134-A
COUP D ETAT
ELEMENTS:
1. Swift a ack
2. Accompanied by violence, intimidation, threat, strategy or stealth
3. Directed against:
4. duly constituted authorities
5. any military camp or installation
6. communication networks or public utilities
1. other facilities needed for the exercise and continued possession of power
7. Singly or simultaneously carried out anywhere in the Philippines
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Article 135
Penalties
1. Promotes
2. Maintains
3. heads a rebellion or insurrection
4. engaging in war against the forces of the govt
5. destroying property or commi ing serious violence
6. exacting contributions or diverting public funds from the lawful purpose for
which they have been appropriated
2. Any person who, while holding any public oce or employment, takes part
therein
1. Public ocer must take active part because mere silence or omission not
punishable in rebellion
2. It is not a defense in rebellion that the accused never took the oath of allegiance
to, or that they never recognized the government
3. Rebellion cannot be complexed with murder and other common crimes
commi ed in pursuance of the movement to overthrow the government
4. Killing, robbing etc for private persons or for prot, without any political
motivation, would be separately punished and would not be absorbed in the
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rebellion.
Article 136
ELEMENTS:
1. 2 more persons come to an agreement to rise publicly and take arms against
the government
2. For any of the purposes of rebellion
3. They decide to commit it
ELEMENTS:
Organizing a group of soldiers, soliciting membership in, and soliciting funds
for the organization show conspiracy to overthrow the govt
The mere fact of giving and rendering speeches favoring Communism would
not make the accused guilty of conspiracy if theres no evidence that the
hearers then and there agreed to rise up in arms against the govt
Conspiracy must be immediately prior to rebellion
If it is during the rebellion, then it is already taking part in it.
1. A person who has decided to rise publicly and take arms the government
2. For any of the purposes of rebellion
3. Proposes its execution to some other person/s
Article 137
ELEMENTS:
Presupposes existence of rebellion
Must not be in conspiracy with rebels or coup plo ers
If there are means to prevent the rebellion but did not resist it, then theres
disloyalty. If there are no means, no fault
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Article 138
ELEMENTS:
1. That the oender does not take 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
The person who proposes has decided Not required that the oender has
to commit rebellion. decided to commit rebellion.
The person who proposes the The inciting is done publicly.
execution of the crime uses secret
means.
Article 139
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SEDITION
ELEMENTS:
1. Publicly (if no public uprising = tumult and other disturbance of public order)
2. Tumultuously (vis--vis rebellion where there must be a taking of arms)
3. to prevent the promulgation or execution of any law or the holding of any
popular election
4. to prevent the national government, or any provincial or municipal
government, or any public thereof from freely exercising its or his functions, or
prevent the execution of any administrative order
5. to inict any act or hate or revenge upon the person or property of any public
ocer or employee
6. to commit for any political or social end, any act of hate or revenge against
private persons or any social class (hence, even private persons may be
oended parties)
7. 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
2. That they employ force, intimidation, or other means outside of legal methods
3. That the oenders employ any of those means to a ain any of the following
objects:
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Article 142
INCITING TO SEDITION
ELEMENTS:
1. That the oender does not take a direct part in the crime of sedition
2. That he incites others to the accomplishment of any of the acts which
constitute sedition (134)
3. That the inciting is done by means of speeches, proclamations, writing,
emblems, cartoons, banners, or other representations tending to the same end
(purpose: cause commotion not exactly against the government; actual
disturbance not necessary)
1. when they tend to disturb or obstruct any lawful ocer in executing the
functions of his oce; or
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2. when they tend to instigate others to cabal and meet together for unlawful
purposes
3. when they suggest or incite rebellious conspiracies or riots; or
4. when they 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
Article 143
ELEMENTS:
Chief of Police and mayor who prevented the meeting of the municipal council
are liable under Art 143, when the defect of the meeting is not manifest and
requires an investigation before its existence can be determined.
Article 144
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DISTURBANCE OF PROCEEDINGS
ELEMENTS:
Complaint must be led by member of the Legislative body. Accused may also
be punished for contempt.
Article 145
Acts punishable:
1. a ending the meeting of the assembly or any of its commi ees, constitutional
commissions or commi ees or divisions thereof, or from
2. expressing his opinions or
3. casting his vote
Elements:
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4. That the member searched has not commi ed a crime punishable under the
code by a penalty higher than prision mayor (1987 constitution: privilege from
arrest while congress in session in all oenses punishable by not more than 6
years imprisonment).
Article 146
ILLEGAL ASSEMBLIES
Not all the persons present at the meeting of the rst form of illegal assembly
must be armed
Persons liable for illegal assembly
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Article 147
ILLEGAL ASSOCIATIONS
ELEMENTS:
Persons liable:
1. Organized totally or partially for the purpose of commi ing any of the crimes
in RPC
2. Or for some purpose contrary to public morals
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Article 148
DIRECT ASSAULT
1. That the oender (a) makes an a ack, (b) employs force, (c) makes a serious
intimidation, or (d) makes a serious resistance.
2. That the person assaulted is a person in authority or his agent.
3. That at the time of the assault the person in authority or his agent (a) is
engaged in the actual performance of ocial duties (motive is not essential), or
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Always complexed with the material consequence of the act (e.g. direct assault
with murder) except if resulting in a light felony, in which case, the
consequence is absorbed
Hi ing the policeman on the chest with st is not direct assault because if done
against an agent of a person in authority, the force employed must be of
serious character
The force employed need not be serious when the oended party is a person in
authority (ex. Laying of hands)
The intimidation or resistance must be serious whether the oended party is
an agent only or a person in authority (ex. Pointing a gun)
When the person in authority or the agent provoked/a acked rst, innocent
party is entitled to defend himself and cannot be held liable for assault or
resistance nor for physical injuries, because he acts in legitimate self-defense
There can be no assault upon or disobedience to one authority by another
when they both contend that they were in the exercise of their respective
duties.
When assault is made by reason of the performance of his duty there is no
need for actual performance of his ocial duty when a acked
Circumstances qualifying the oense (Qualied Assault):
Complex crime of direct assault with homicide or murder, or with serious
physical injuries.
Direct assault cannot be commi ed during rebellion.
Article 149
INDIRECT ASSAULT
ELEMENTS:
1. That a person in authority or his agent is the victim of any of the forms of
direct assault dened in ART. 148.
2. That a person comes to the aid of such authority or his agent.
3. That the oender makes use of force or intimidation upon such person coming
to the aid of the authority or his agent.
Indirect assault can be commi ed only when a direct assault is also commi ed
To be indirect assault, the person who should be aided is the agent (not the
person in authority because it is already direct assault, the person coming to
the aid of the person in authority being considered as an agent and an a ack
on the la er is already direct assault). Example. Aiding a policeman under
a ack.
Article 150
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DISOBEDIENCE TO SUMMONS
Acts punishable:
Article 151
ELEMENTS:
ELEMENTS:
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PIA or his agent must be engaged in PIA or his agent must be in the actual
the performance of ocial duties or performance of his duties.
that he is assaulted
Direct assault is commi ed in 4 Commi ed by resisting or seriously
ways by a acking, employing disobeying a PIA or his agent.
force, and seriously resisting a PIA
or his agent.
Use of force against an agent of PIA Use of force against an agent of a PIA is
must be serious and deliberate. not so serious; no manifest intention to
defy the law and the ocers enforcing
it.
Article 152
1. Barangay captain
2. Barangay chairman
3. Teachers
4. Professors
5. Persons charged with the supervision of public or duly recognized private
schools, colleges and universities
6. Lawyers in the actual performance of their professional duties or on the
occasion of such performance
1. Barrio councilman
2. Barrio policeman
3. Barangay leader
4. Any person who comes to the aid of persons in authority
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Section 388 of the Local Govt Code provides that for purposes of the RPC,
the punong barangay, sangguniang barangay members and members of the
lupong tagapamayapa in each barangay shall be deemed as persons in authority
in their jurisdictions, while other barangay ocials and members who may be
designated by law or ordinance and charged with the maintenance of public
order, protection and the security of life, property, or the maintenance of a
desirable and balanced environment, and any barangay member who comes to
the aid of persons in authority shall be deemed AGENT of persons in authority.
Article 153
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participants therein, this article applies. Art 131 and 132 punishes the same acts
if commi ed by public ocers who are NOT participants in the meeting
The outcry is merely a public disorder if it is an unconscious outburst which,
although rebellious or seditious in nature, is not intentionally calculated to
induce others to commit rebellion or sedition, otherwise, its inciting to
rebellion or sedition.
Tumultuous if caused by more than 3 persons who are armed or provided
with means of violence (circumstance qualifying the disturbance/interruption)
tumultuous in character
Article 154
Article 155
Charivari mock serenade or discordant noises made with ke les, tin horns
etc, designed to deride, insult or annoy
Firearm must not be pointed at a person, otherwise, it is illegal discharge
What governs is the result, not the intent
Article 156
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Article 157
A continuing oense.
Oenders not minor delinquents nor detention prisoners
If escaped within the 15 day appeal period no evasion
No applicable to deportation as the sentence
Flimsy excuse for violating destierro not acceptable
Circumstances qualifying the oense (done thru):
Article 158
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2. earthquake,
3. explosion, or
4. similar catastrophe, or
1. That the oender evades the service of his sentence by leaving the penal
institution where he is conned, on the occasion of such disorder or during the
mutiny.
2. That the oender fails to give himself up to the authorities within 48 hours
following the insurance of a proclamation by the chief executive announcing
the passing away of such calamity.
Article 159
ELEMENTS:
1. prision correccional in its minimum period if the penalty remi ed does not
exceed 6 years
2. the unexpired portion of his original sentence if the penalty remi ed is
higher than 6 years
Article 160
ELEMENTS
1. That the oender was already convicted by nal judgement of one oense.
2. That he commi ed a new felony before beginning to serve such sentence or
while serving the same.
Second crimes must belong to the RPC, not special laws. First crime may be
either from the RPC or special laws
Reiteracion: oender shall have served out his sentence for the prior oense
A quasi-recidivist may be pardoned at age 70. Except: Unworthy or Habitual
Delinquent
If new felony is evasion of sentence oender is not a quasi-recidivist
Penalty: maximum period of the penalty for the new felony should be imposed
(mitigating circumstance can only be appreciated if the maximum is divisible)
Quasi-Recidivism may be oset by a special privileged mitigating
circumstance (ex. Minority)
Reference:
About Magz
First of all, I am not a lawyer. I'm a graduate of AB Political Science and went to the
College of Law but stopped going to law school for some reasons. I'm a passionate teacher
who has been teaching English to speakers of other languages and a person who likes
writing and blogging. I lost some important les and software when my computer broke
down so the reason I created this website is to preserve the notes, reviewers and digests I
collected when I was at the law school and at the same time, I want to help out law
students who do not have enough time to go and read books in the library.
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Posted on January 25, 2012, in Criminal Law and tagged Criminal Law Book 2 -
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