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ART.138-INCITING TO REBELLION OR INSURRECTION

Elements:
1. That the offender 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, Proclamation, Writings, Emblems,
Banners, or other Representations (SPWEBaR) tending to the same end.

Inciting to Rebellion distinguished from Proposal to Commit Rebellion

Inciting to Rebellion Proposal to Commit Rebellion

In both crimes, the offender induces
another
1. It is not required that the offender has
decided to commit rebellion;.
2. The act of inciting is done publicly (by
means of SPWEBaR)
To commit rebellion
1. The person who proposes has decided to
commit rebellion;
2. The person who proposes the execution
of crime uses secret means.

ART. 139- SEDITION

Elements:
1. That the offenders rise (1) publicly (2) tumultuously;
2. That the employed force, intimidation, or other means outside of legal methods
(FIM);
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 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;
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 person, municipality or
province, or the National Government of all its property or any part thereof.

 Sedition, in its general sense, is the raising of commotions or disturbances in the

State (People vs. Cabrera, 43 Phil.64).
 The ultimate object of sedition is a violation of the public peace.
 Sedition must be committed by more than three persons who are armed or
provided with means of violence because of the word “tumultuous”.

Sedition distinguished from Treason

Sedition Treason
1. Sedition is the raising of commotions or 1. Treason is the violation by a subject of
disturbances in the State. his allegiance to his sovereign or liege, lord
or to the supreme authority of the State.

Sedition distinguished fro Rebellion

Sedition Rebellion
1.In sedition it is sufficient that public 1. There must be taking up of arms against
uprising is tumultuous; the Government;
2. Purpose of the offenders may be political 2. Purpose of the offender is always
or social. political
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ART.140-PENALTY FOR SEDITION

Persons liable for sedition are:
1. The leader of sedition, and
2. Other persons participating in sedition

ART. 141- CONSPIRACY TO COMMIT SEDITION

Elements:
1. Two or more persons come to an agreement or decision to rise publicly or
tumultuously;
2. Purpose is to attain any of the objects of sedition.

ART.142-INCITING TO SEDITION
Elements:
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, Proclamation, Writings,
Emblems, Cartoons, Banners, or other representations (SPWECBaR) tending to
the same end.

DIFFERENT ACTS OFINCITING TO SEDITION

1. Inciting others to the accomplishment of any of the acts which constitute sedition by
means of SPWECBaR;
2. Uttering seditious words and speeches which tend to disturb the public peace;
3. Writing, publishing, or circulating scurrilous libels against the Government or any of
the duly constituted authorities thereof, which tend to disturb the public peace.

Uttering seditious words and speeches and writing, publishing or circulating scurrilous
libels are punishable when:

1. They tend to disturb or obstruct any lawful officer in executing the functions of
his office; or
2. They tend to instigate others to cabal and meet together for unlawful purposes; or
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 to disturb
the peace of the community, the safety and order of the Government. ( Art.142,
second Part)

TWO RULES RELATIVE TO SEDITIOUS WORDS:

1. The Clear and Present Danger Rule

 The words must be of such nature that by uttering them there is danger of a
public uprising and that such danger should be both clear and imminent.
2. Dangerous Tendency Rule
 If the words used tend to create a danger of public uprising, then those
words could properly be the subject of a penal clause.
 There is inciting to sedition when the words uttered or published could
easily produce disaffection among the people and the state of feeling in
them incompatible with a disposition to remain loyal to the government and
obedient to the laws.
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Chapter 2: Crimes Against Popular Representation

Art.143-ACTS TENDING TOPREVENT THE MEETING OF THE ASEMBLY

AND SIMILAR BODIES

Elements:

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

a. the Senate or Lower House, or any of its committees or sub-committees
b. Constitutional Commissions or committees ordivisions thereof
c. provincial board
d. city or municipal or board;
2. That the offender, who may be any person, prevents such meeting by force or
fraud.

Art.144-DISTURBANCE OF PROCEEDINGS

Elements:

1. That there is a meeting of:

a. the Senate or Lower House, or any of its committees or sub-committees
b. Constitutional Commissions or committees ordivisions thereof
c. provincial board
d. city or municipal or board;
2. That the offender does any of the following acts:
a. he disturbs any of such meetings
b. he behaves whilein the presence ofany such bodoes in such a manner as
1. to interrupt its proceedings or
2. to impair the respect due it.

Art.145-VIOLATION OF PARLIAMENTARY IMMUNITY

Type A
Elements:
1. That the offender (any person) uses (FIFT):
a. Force
b. Intimidation
c. Fraud
d. Threats
2. That the purpose of the offender is to prevent any member of the Legislature
from:
a. attending the meetings of the Assembly orany of its committees or
constitutional commissions, etc.; or
b. expressing his opinions; or
c. casting his vote

Type B
Elements:
1. That the offender is a public officer or employee;
2. That the arrests or searches any member of the Legislature;
3. That the Legislature, at the time of the arrest or search, is in regular or special
session;
4. That the member arrested or searched has not committed a crime punishable of
more than 6 years.
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Chapter 3: Illegal Assemblies and Associations

Art.146-ILLEGAL ASSEMBLIES
TYPE A
Elements:
1. That there is a
a. meeting
b. gathering
c. c. group of persons whether in affixed place or moving;
2. That the meeting is attended by armed persons;
3. That the purpose of the meeting is to commit any crime punishable by the
RPC.

Type B
Elements:
4. That there is a
a. meeting
b. gathering
c. c. group of persons whether in affixed place or moving;
5. That the audience whether armed or not, is incited to the commission of the
crime of (TRIDAS):
a. Treason
b. Rebellion
c. Insurrection
d. Direct assault
e. Sedition

Art.147-ILLEGAL ASSOCIATIONS
THE FOLLOWING ARE ILLEGAL ASSOCIATIONS
1. Associations totally or partially organized for the purpose of committing any
of the crimes punishable under the Revised Penal Code.
2. Associations totally or partially organized for some purpose contrary to the
public morals.

PERSONS LIABLEFORILLEGAL ASSOCIATION:

1. Founders, directors, presidents of associations.
2. Mere members of the associations.

Chapter 4: Assault Upon, and resistance and Disobedience to person in Authority

and their Agents.

Art.148-DIRECT ASSAULTS

TWO WAYS OF COMMITTING THECRIME OF DIRECT ASSAULTS:

1. Without public uprising, by employing force or intimidation for the attainment
of any of the purposes enumerated in defining the crimes of rebellion and
sedition.
2. Without public uprising, by attacking, by employing force or by seriously
intimidating or by seriously resisting any person in authority of his agents,
while engaged in the performance of official duties, or on the occasion of such
performance.

ELEMENTS OF THE 1ST FORM

1. That the offender employs force or intimidation;

 2. That the Aim of the offender is to attain
a. Any of the purposes of rebellion or
b. Any of the objects of sedition
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Art.159-VIOLATION OF CONDITIONAL PARDON

Elements:
1. that the offender was a convict granted conditional pardon by the Chief
Executive;
2. That he violates any of the conditions of such pardon.

Chapter 7: Commission of Another Crime During Service of Penalty Imposed for

Another Previous Offense

Art.160-Quasi-Recidivism
Elements:
1. That the offender is already convicted by final judgment of one offense
2. That he committed anew felony
a. before beginning to serve such sentence, or
b. while serving the same.

 Second crime must be a felony (punishable under the RPC).But the first crime
for which the offender is serving sentence need not be a felony.