TITLE ONE

I. CRIMES AGAINST NATIONAL SECURITY

Article 114

ELEMENTS OF TREASON:
1.
2.
3.
4.
1.
2.
3.
4.
5.
6.
5.

That the offender owes allegiance to the Government of the Philippines

That there is a war in which the Philippines is involved
That the offender either
Levies war against the government,
breech of allegiance
actual assembling of men
for the purpose of executing a reasonable design
breech of allegiance
adherence
giving aid or comfort to the enemy
Adheres to the enemies, giving them aid and comfort
Ways of proving treason:

1.

2 witnesses testifying to same overt act

Example: X saw arms landed in La Union and loaded into a motor vehicle. At this stage, not
sufficient to convict yet. Y later saw the arms unloaded in a warehouse. Will X + Y be
sufficient witnesses to convict? Answer: NO. Because the law requires that 2 witnesses see
the SAME OVERT ACT.
2. Confession of the accused in open court. Arraignment, pre-trial, trial OK.
1. If he has pleaded NOT guilty already during arraignment, he can still confess in open
court by stating the particular acts constituting treason.
2. During trial, simply saying Im guilty is not enough.
3. Withdrawing plea of not guilty during arraignment not necessary
4. If during arraignment he pleads guilty, court will ask if the accused understands is
plea. Submission of affidavit during trial, even if assisted by counsel is not enough.

Treason: breach of allegiance to the government, committed by a person who owes

allegiance to it. Allegiance: obligation of fidelity and obedience. It is permanent or

temporary depending on whether the person is a citizen or an alien.
Evident premeditation, superior strength and treachery are circumstances inherent in

treason, and are, therefore, not aggravating.

Treason cannot be committed in times of peace, only in times of war actual

hostilities. But no need for declaration of war

Levying of war: a) that there be an actual assembling of men; b) for the purpose of
executing a treasonable design by force (deliver the country in whole or in part to the
enemy)

Not Treasonous:

1.
2.

3.
4.
5.
6.

Acceptance of public office and discharge of official duties under the enemy does not
constitute per se the felony of treason (exception: when it is policy determining)
Serving in a puppet government (ministerial functions) and in order to serve the
populace is NOT treasonous. But it is treason if: a) there is discretion involved; b)
inflicts harm on Filipinos; c) it is disadvantageous to them.
Purpose of offender: to deliver the Philippines to enemy country; if merely to change
officials not treason
Filipino citizens can commit treason outside the Philippines. But that of an alien must
be committed in the Philippines.
Only Filipino citizens or permanent resident aliens can be held liable
Alien: with permanent resident status from the BID it is neither the length of stay in
the Philippines nor the marriage with a Filipino that matters.
On Citizenship

Treason cannot be proved by circumstantial evidence or by extra-judicial confession

of the accused
Actual hostilities may determine the date of the commencement of war
No such thing as attempted treason; mere attempt consummates the crime
Giving aid or comfort material element, enhances forces of the enemy country. Acts
which strengthen or tend to strengthen the enemy in the conduct of war against the
traitors country or that which weaken and tend to weaken the power of the same.

Example: Financing arms procurement of enemy country. But giving of shelter is not
necessarily giving aid and comfort.

Adherence and giving aid or comfort must concur together. Adherence: when a
citizen intellectually or emotionally favors the enemy and harbors convictions disloyal
to his countrys policy. But membership in the police force during the occupation is
NOT treason.
Example: Giving information to, or commandeering foodstuffs for the enemy.

Adherence may be proved by: (1) one witness; (2) from the nature of the act itself;

(3) from the circumstances surrounding the act.

Treason is a CONTINUING CRIME. Even after the war, offender can be prosecuted.
If you convict a person for treason by reason of irresistible force or uncontrollable

fear, you may useArt.12. No treason through negligence

When killings and other common crimes are charged as overt act of treason, they
cannot be regarded as (1) separate crimes or (2) as complex with treason.

Article 115
CONSPIRACY TO COMMIT TREASON

ELEMENTS:

1.
2.

In time of war
2 or more persons come to an agreement to

1. levy war against the government, or

2. adhere to the enemies and to give them aid or comfort,

1.

1.
2.

They decide to commit it

ELEMENTS OF PROPOSAL TO COMMIT TREASON
In time of war
A person who has decided to levy war against the government, or to adhere to the
enemies and to give them aid or comfort, proposes its execution to some other
person/s.
Mere agreement and decisions to commit treason is punishable
Mere proposal even without acceptance is punishable too. If the other accepts, it is
already conspiracy.

Article 116
MISPRISION OF TREASON

ELEMENTS:
1.
2.

That the offender must be owing allegiance to the government, and not a foreigner
That he has knowledge of any conspiracy (to commit treason) against the
government
3. That he conceals or does not disclose and make known the same as soon as possible
to the governor or fiscal of the province or the mayor or fiscal of the city in which he
resides

Offender is punished as an accessory to the crime of treason

This crime does not apply if the crime of treason is already committed

Crime of omission

To report within a reasonable time depends on time, place and circumstance the

RPC did not fix time.

RPC states 4 individuals, what if you report to some other high-ranking government
official? Ex. PNP Director? Judge Pimentel says any govt official of the DILG is OK.

Article 117
Espionage by entering, without authority therefor, warship, fort, or naval or
military establishments or reservation to obtain any information, plans,
photographs or other data of a confidential nature relative to the defense of the
Philippines.

ELEMENTS:
1.
1.
2.

1. That the offender enters any of the places mentioned therein

2. That he has no authority therefore;
That his purpose is to obtain information, plans, photographs or other data of a
confidential nature relative to the defense of the Philippines

Espionage by disclosing to the representative of a foreign nation the contents of the articles,
data, or information referred to in paragraph 1 of Article 117, which he had in his possession
by reason of the public office holds
1. ELEMENTS: That the offender is a public officer
2. That he has in his possession the articles, data or information referred to in par 1 of
art 117, by reason of the public office he holds
3. That he discloses their contents to a representative of a foreign nation

Purpose: to gather data

Espionage: the offense of gathering, transmitting, or losing information respecting

the national defense with the intent or reason to believe that the information is to be
used to the injury of the Philippines or the advantage of any foreign nation. It is not
conditioned on citizenship.
Not necessary that Philippines is at war with the country to which the information was

revealed. What is important is that the information related is connected with the
defense system of the Philippines.
Wiretapping is NOT espionage if the purpose is not something connected with the

defense
See CA 616
II. CRIMES AGAINST LAWS OF NATIONS

Article 118
INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS

ELEMENTS:
1.
2.

That the offender performs unlawful or unauthorized acts

That such acts provoke or give occasion for a war involving or liable to involve the
Philippines or expose Filipino citizens to reprisals on their persons or property
Crime is committed in time of peace, intent is immaterial
Inciting to war offender is any person
Reprisals is not limited to military action, it could be economic reprisals, or denial of
entry into their country. Example. X burns Chinese flag. If China bans the entry of
Filipinos into China, that is already reprisal.

Article 119
VIOLATION OF NEUTRALITY
ELEMENTS:
1. That there is war in which the Philippines is not involved
2. That there is a regulation issued by competent authority for the purpose of enforcing
neutrality
3. That the offender violates such regulation

Govt must have declared the neutrality of the Phil in a war between 2 other

countries
It is neutrality of the Phil that is violated
Congress has the right to declare neutrality

Article 120
CORRESPONDENCE WITH HOSTILE COUNTRY
ELEMENTS:
1. That it is in time of war in which the Philippines is involved

2.

That the offender makes correspondence with an enemy country or territory occupied
by enemy troops
3. That the correspondence is either
1.
prohibited by the government, or
2.
carried on in ciphers or conventional signs, or
3.
containing notice or information which might be useful to the enemy

Circumstances qualifying the offense:

a. notice or information might be useful to the enemy
b. offender intended to aid the enemy

Hostile country exist only during hostilities or after the declaration of war
Correspondence to enemy country correspondence to officials of enemy country
even if related to you.
It is not correspondence with private individual in enemy country
If ciphers were used, no need for prohibition
If ciphers were not used, there is a need for prohibition
In any case, it must be correspondence with the enemy country
Doesnt matter if correspondence contains innocent matters if prohibited,
punishable

Article 121
FLIGHT TO ENEMYS COUNTRY

ELEMENTS

1.
2.

That there is a war in which the Philippines is involved

That the offender (Filipino or resident alien) must be owing allegiance to the
government
3. That the offender attempts to flee or go to enemy country
4. That going to enemy country is prohibited by competent authority

Mere attempt consummates the crime

There must be a prohibition. If none, even if went to enemy country no violation

Alien resident may be guilty here.

Article 122
PIRACY

2 Ways of Committing Piracy

1.
2.

By attacking or seizing a vessel on the high seas or in the Philippine waters (PD 532)
By seizing the whole or part of the cargo of said vehicles, its equipment or personal
belongings of its complement or passengers
Elements:

1.
2.
3.

That a vessel is on the high seas/Philippine waters

That the offenders are not members of its complement or passengers of the vessel
That the offenders

1.

attack or seize that vessel or (hence, if committed by crew or passengers, the

crime is not piracy but robbery in the high seas)
2.
seize the whole or part of the cargo of said vessel, its equipment or personal
belongings of its complement or passengers
High seas: any waters on the sea coast which are without the boundaries of the low

water mark although such waters may be in the jurisdictional limits of a foreign govt
PD 532 has been already repealed
Piracy in high seas jurisdiction is with any court where offenders are found or

arrested
Piracy in internal waters jurisdiction is only with Philippine courts
For purpose of Anti-Fencing Law, piracy is part of robbery and theft
Piracy

Mutiny

Robbery or forcible
degradation on the high
seas, without lawful
authority and done with
animo furandi and in the
spirit and intention of
universal hostility.

Unlawful resistance to a
superior officer, or the raising of
commotion and disturbances on
board a ship against the
authority of its commander

Intent to gain is an element.

Attack from outside.
Offenders are strangers to
the vessel. (this is the
standing rule with the repeal
of PD 532 which made it
possible for any person to
commit piracy including a
passenger or complement of
the vessel).

Attack from the inside.

Article 123
QUALIFIED PIRACY

CIRCUMSTANCES:
1.
2.

Whenever they have seized a vessel by boarding or firing upon the same
Whenever the pirates have abandoned their victims without means of saving
themselves
3. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape.
(the above may result to qualified mutiny)

Parricide/infanticide should be included (Judge Pimentel)

Note the new rape law. Death is imposed in certain types of rape

There is a conflict between this provision and the provision on rape. Ex. If rape is
committed on someone below 7 death under the new rape law. But if rape
committed on someone below 7 during the time of piracy RP to death. Irreconcilable.
Murder/rape/homicide/physical injuries must have been committed on the passengers
or complement

TITLE TWO
I. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
Classes of Arbitrary Detention:
1. By detaining a person without legal ground
2. Delay in the delivery of detained persons to the proper judicial authorities
3. Delaying release

Article 124
ARBITRARY DETENTION

ELEMENTS:
1.

That the offender is a public officer or employee (whose official duties include the
authority to make an arrest and detain persons; jurisdiction to maintain peace and
order).
2. That he detains a person (actual restraint).
3. That the detention was without legal grounds (cannot be committed if with warrant).

Detention: when a person is placed in confinement or there is a restraint on his

person.
Though the elements specify that the offender be a public officer or employee,

private individuals who conspire with public officers can also be liable.
Legal grounds for the detention of any person:
Without legal grounds:
Know grounds for warrantless arrest:
For escaped prisoner no need for warrant
Rolito Go v. CA is an example of arbitrary detention (Judge Pimentel)
Example: Y was killed by unknown assailant. Officers got a tip and arrested X. X

voluntarily admitted to the officers that he did it although he was not asked. X was
detained immediately. According to the SC, there was NO arbitrary detention. Why?
Because once X made a confession, the officers had a right to arrest him.
Continuing crime is different from a continuous crime
Ramos v. Enrile: Rebels later on retire. According to the SC, once you have committed

rebellion and have not been punished or amnestied, then the rebels continue to
engage in rebellion, unless the rebels renounce his affiliation. Arrest can be made
without a warrant because this is a continuing crime.
1. commission of a crime

2.
1.
2.
1.
2.

violent insanity or other ailment requiring compulsory confinement of the patient in a

hospital
he has not committed any crime or no reasonable ground of suspicion that he has
committed a crime
not suffering from violent insanity or any other ailment requiring compulsory
confinement in a hospital
Crime is about to be, is being, has been committed
Officer must have reasonable knowledge that the person probably committed the
crime

Article 125
DELAY IN THE DELIVERY OF DETAINED PERSONS

ELEMENTS:
1.
2.
3.
1.

That the offender is a public officer or employee

That he has detained a person for some legal grounds
That he fails to deliver such person to the proper judicial authority within:
12 hours, if detained for crimes/offenses punishable by light penalties, or their
equivalent
2. 18 hours, for crimes/offenses punishable by correctional penalties, or their equivalent
or
3. 36 hours, for crimes/offenses punishable by capital punishment or afflictive penalties,
or their equivalent

Really means delay in filing necessary information or charging of person detained in

court. May be waived if a preliminary investigation is asked for.

Does not contemplate actual physical delivery but at least there must be a complaint

filed. Duty complied with upon the filing of the complaint with the judicial authority
(courts, prosecutors though technically not a judicial authority, for purposes of this
article, hes considered as one.)
The filing of the information in court does not cure illegality of detention. Neither

does it affect the legality of the confinement under process issued by the court.
To escape from this, officers usually ask accused to execute a waiver which should be

under oath and with assistance of counsel. Such waiver is not violative of the accused
constitutional right.
What is length of waiver? Light offense 5 days. Serious and less serious offenses 7

to 10 days. (Judge Pimentel)

Article does not apply when arrest is via a warrant of arrest
If offender is a private person, crime is illegal detention
Delay in Delivery of Detained
Arbitrary Detention (124)

Detention is illegal from the

(125)
Detention is legal in the

beginning.

beginning, but illegality starts

from the expiration of the
specified periods without the
persons detained having been
delivered to the proper judicial
authority.

Article 126
DELAYING RELEASE
ELEMENTS:
1. That the offender is a public officer or employee
2. That there is a judicial or executive order for the release of a prisoner or detention
prisoner, or that there is a proceeding upon a petition for the liberation of such person
3. That the offender without good reason delays:
1.
the service of the notice of such order to the prisoner, or
2.
the performance of such judicial or executive order for the release of the
prisoner, or
3.
the proceedings upon a petition for the release of such person

Three acts are punishable:

Wardens and jailers are the persons most likely to violate this provision

Provision does not include legislation

1.
2.
3.

delaying the performance of a judicial or executive order for the release of a prisoner
delaying the service of notice of such order to said prisoner
delaying the proceedings upon any petition for the liberation of such person

Article 127
EXPULSION
ELEMENTS:
1. That the offender is a public officer or employee
2. That he expels any person from the Philippines, or compels a person to change his
residence
3. That the offender is not authorized to do so by law

2 acts punishable:
1.
2.

by expelling a person from the Philippines

by compelling a person to change his residence

(The crime of expulsion absorbs that of grave coercion. If done by a private person, will
amount to grave coercion)
i.e.,Villavicencio v. Lukban: prostitutes case

Does not include undesirable aliens; destierro; or when sent to prison

If X (Filipino) after he voluntarily left, is refused re-entry is considered forcing him to
change his address here
Threat to national security is not a ground to expel or change his address.

Article 128
VIOLATION OF DOMICILE
ELEMENTS:
1. That the offender is a public officer or employee
2. That he is not authorized by judicial order to enter the dwelling and/or to make a
search therein for papers or other effects
3. That he commits any of the following acts:
1.
entering any dwelling against the will of the owner thereof
2.
searching papers or other effects found therein without the previous consent
of such owner
3.
refusing to leave the premises, after having surreptitiously entered said
dwelling and after having been required to leave the same

Aggravating Circumstance (medium and maximum of penalty imposed):

If the offender who enters the dwelling against the will of the owner thereof is a

private individual, the crime committed is trespass to dwelling (Art 280)

When a public officer searched a person outside his dwelling without a search

warrant and such person is not legally arrested for an offense, the crime committed by
the public officer is grave coercion, if violence or intimidation is used (Art 286), or
unjust vexation, if there is no violence or intimidation (Art 287)
A public officer without a search warrant cannot lawfully enter the dwelling against

the will of the owner, even if he knew that someone in that dwelling is having unlawful
possession of opium
3 acts punishable:
Being authorized by law means with search warrant, save himself or do some

things good for humanity

There must be expression that entry is denied or that he is asked to leave
Papers and effects need not be part of a crime.

1.
2.
1.
2.
3.

offense committed at nighttime

papers or effects not constituting evidence of a crime be not returned immediately
person enters dwelling w/o consent or against the will
person enters and searches for papers and effects
person entered secretly and refuses to leave after being asked to

Article 129
SEARCH WARRANTS MALICIOUSLY OBTAINED

ELEMENTS:
1. That the offender is a public officer or employee
2. That he procures a search warrant
3. That there is no just cause
ABUSE IN THE SERVICE OF WARRANT OR EXCEEDING AUTHORITY OR USING
UNNECESSARY SEVERITY IN EXECUTING A SEARCH WARRANT LEGALLY PROCURED
ELEMENTS:
1. That the offender is a public officer or employee
2. That he has legally procured a search warrant
3. That he exceeds his authority or uses unnecessary severity in executing the same

Search warrant is valid for 10 days from its date

Search warrant is an order in writing issued in the name of the People, signed by the

judge and directed to a public officer, commanding him to search for personal property
described therein and bring it before the court
No just cause warrant is unjustified
Search limited to what is described in the warrant, all details must be with

particularity
Malicious warrant. Example. X was a respondent of a search warrant for illegal

possession of firearms. A return was made. The gun did not belong to X and the
witness had no personal knowledge that there is a gun in that place.
Abuse examples:

1.
2.
3.

X owner was handcuffed while search was going-on.

Tank was used to ram gate prior to announcement that a search will be made
Persons who were not respondents were searched

Article 130

ELEMENTS OF SEARCHING DOMICILE WITHOUT WITNESSES:

1.
2.
3.
4.

That the offender is a public officer or employee

That he is armed with a search warrant legally procured
That he searches the domicile, papers or other belongings of any person
That the owner, or any member of his family, or two witnesses residing in the same
locality are not present
Order of those who must witness the search:
Validity of the search warrant can be questioned only in 2 courts: where issued or

1.
2.
3.

where the case is pending. Latter is preferred for objective determination.

Homeowner
Members of the family of sufficient age and discretion
Responsible members of the community (cant be influenced by the searching party)

Article 131

PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS

ELEMENTS:
1.
2.
1.

Offender is a public officer or employee

He performs any of the ff. acts:
prohibiting or interrupting, without legal ground the holding of a peaceful meeting, or
dissolving the same (e.g. denial of permit in arbitrary manner).
2. hindering any person from joining any lawful association or from attending any of its
meetings

prohibiting or hindering any person from addressing, either alone or together with

others, any petition to the authorities for the correction of abuses or redress of
grievances
If the offender is a private individual, the crime is disturbance of public order (Art

153)
Meeting must be peaceful and there is no legal ground for prohibiting, dissolving or

interrupting that meeting

Meeting is subject to regulation
Offender must be a stranger, not a participant, in the peaceful meeting; otherwise,

its unjust vexation

Interrupting and dissolving a meeting of the municipal council by a public officer is a

crime against the legislative body, not punishable under this article
The person talking on a prohibited subject at a public meeting contrary to agreement

that no speaker should touch on politics may be stopped

But stopping the speaker who was attacking certain churches in public meeting is a

violation of this article

Prohibition must be without lawful cause or without lawful authority
Those holding peaceful meetings must comply with local ordinances. Example:
Ordinance requires permits for meetings in public places. But if police stops a meeting
in a private place because theres no permit, officer is liable for stopping the meeting.

Article 132
INTERRUPTION OF RELIGIOUS WORSHIP

ELEMENTS:
1.
2.

That the officer is a public officer or employee

That religious ceremonies or manifestations of any religion are about to take place or
are going on
3. That the offender prevents or disturbs the same

Circumstance qualifying the offense: if committed with violence or threats

Reading of Bible and then attacking certain churches in a public plaza is not a

ceremony or manifestation of religion, but only a meeting of a religious sect. But if

done in a private home, its a religious service
Religious Worship: people in the act of performing religious rites for a religious
ceremony; a manifestation of religion. Ex. Mass, baptism, marriage

X, a private person, boxed a priest while the priest was giving homily and while the

latter was maligning a relative of X. Is X liable? X may be liable under Art 133 because
X is a private person.
When priest is solemnizing marriage, he is a person in authority, although in other
cases, hes not.

Article 133
OFFENDING RELIGIOUS FEELINGS

ELEMENTS:
1.
1.

That the acts complained of were performed

in a place devoted to religious feelings, or (for this element, no need of religious
ceremony, only the place is material)
during the celebration of any religious ceremony
That the acts must be notoriously offensive to the feelings of the faithful (deliberate
intent to hurt the feelings)
The offender is any person
There is a deliberate intent to hurt the feelings of the faithful, directed against
religious tenet
If in a place devoted to religious purpose, there is no need for an ongoing religious

ceremony
Example of religious ceremony (acts performed outside the church). Processions and

special prayers for burying dead persons but NOT prayer rallies
Acts must be directed against religious practice or dogma or ritual for the purpose of

ridicule, as mocking or scoffing or attempting to damage an object of religious

veneration
There must be deliberate intent to hurt the feelings of the faithful, mere arrogance or

2.
2.
3.
4.

rudeness is not enough.

Who are

If Element
Missing

CRIME

Nature of Crime

Liable

Prohibition,
Interruption and
Dissolution of Peaceful
Meeting (131)

Crime against the

fundamental law
of the state

Public officers,
Outsiders

If not by public
officer = tumults

Interruption of
Religious Worship
(132)

Crime against the

fundamental law
of the state

Public officers,
Outsiders

If by insider =
unjust vexation
If not religious =
tumult or alarms
If not notoriously

offensive = unjust
vexation
If not tumults =
alarms and scandal

Offending the Religious

Feeling (133)

Crime against
public order

Public officers,
private
persons,
outsiders

If meeting illegal at
onset = inciting to
sedition or rebellion

TITLE THREE
I. CRIMES AGAINST PUBLIC ORDER
Article 134
REBELLION OR INSURRECTION

ELEMENTS:

1.
1.
2.
2.

That there be
public uprising and
taking arms against the government (force/violence)
That the purpose of the uprising or movement is either

1. to remove from the allegiance to said government or its laws

1.

i. the territory of the Philippines or any part thereof, or

ii. any body of land, naval or other armed forces, or

2 To deprive the chief executive or congress, wholly or partially, of any of their powers or
prerogatives

Persons liable for rebellion

1.

Any person who:

1. promotes
2. maintains, or

3. heads a rebellion or insurrection; or

2.

4.

Any person who, while holding any public office or employment, takes part therein
by:
engaging in war against the forces of the government
destroying property or committing serious violence
exacting contributions or diverting public funds from the lawful purpose for which
they have been appropriated (Note: diverting public funds is malversation absorbed
in rebellion);
Any person merely participating or executing the command of others in rebellion
Success is immaterial, purpose is always political
Rebellion used where the object of the movement is completely to overthrow and

supersede the existing government

Insurrection refers to a movement which seeks merely to effect some change of

minor importance to prevent the exercise of govt authority w/ respect to particular

matters or subjects
Actual clash of arms w/ the forces of the govt, not necessary to convict the accused

who is in conspiracy w/ others actually taking arms against the govt

Purpose of the uprising must be shown but it is not necessary that it be accomplished
A change of government w/o external participation
RISING PUBLICLY and TAKING ARMS AGAINST GOVERNMENT actual participation. If

there is no public uprising, the crime is of direct assault.

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 sufficient
Rebellion cannot be complexed with any other crime. However, illegal possession of

firearms 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 committed during rebellion. Examples: killing, possessions of

firearms, 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 profit, 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:

1.
2.
3.

1.
2.
3.
4.

directed the others

spoke for them
signed receipts and other documents issued in their name
performed similar acts on behalf of the rebels

Article 134-A
COUP D ETAT

ELEMENTS:

1.
2.
3.
4.
5.
6.

Swift attack
Accompanied by violence, intimidation, threat, strategy or stealth
Directed against:
duly constituted authorities
any military camp or installation
communication networks or public utilities
1.
other facilities needed for the exercise and continued possession of power
Singly or simultaneously carried out anywhere in the Philippines
1.
Committed by any person or persons belonging to the military or police or
holding any public office or employment; with or without civilian support or
participation
With or without civilian support or participation
Purpose of seizing or diminishing state power
Crime may be committed by a single person, any government employee and even by

7.

8.
9.

civilian
Taking up of arms not even necessary, what is important is violence, threat,
intimidation, strategy or stealth
Treason (114)

Nature of
Crime

Crime against
National Security

Rebellion
(134)

Coup detat
(134-A)

Sedition (139)

Crime against
Public Order

Crime
against
Public Order

Crime against
Public Order

Rising publicly or
tumultuously
(caused by more
than 3 armed men
or provided with
means of violence)

levying war
against the
govt;
Public uprising
OR
AND
adherence and

Overt Acts
Purpose of
objective

giving aid or

Taking up arms

comfort to

against the

enemies

govt

See article.

Deliver the govt

to enemy during

See article.

Seizing or
diminishing

See enumeration

war

state power.

in article.

Article 135
Penalties

Who are liable?

1.
1.
2.
3.
4.
5.
6.

Any person who:

Promotes
Maintains
heads a rebellion or insurrection
engaging in war against the forces of the govt
destroying property or committing serious violence
exacting contributions or diverting public funds from the lawful purpose for which
they have been appropriated
2. Any person who, while holding any public office or employment, takes part therein
3. Any person merely participating or executing the command of other in a rebellion.

In Government Service

Anyone who leads, directs, commands

others to undertake a coup.

Not in Government Service

Anyone who participates or in an manner,

supports, finances, abets, aids in a coup.

Serious violence is that inflicted upon civilians, which may result in homicide. It is not
limited to hostilities against the armed force.
Diverting public funds is malversation absorbed in rebellion

1.

Public officer 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 committed in
pursuance of the movement to overthrow the government
4. Killing, robbing etc for private persons or for profit, without any political motivation,
would be separately punished and would not be absorbed in the rebellion.

Article 136

CONSPIRACY TO COMMIT REBELLION OR INSURRECTION

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
PROPOSAL TO COMMIT REBELLION OR INSURRECTION (136)

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.
2.
3.

A person who has decided to rise publicly and take arms the government
For any of the purposes of rebellion
Proposes its execution to some other person/s

Article 137
DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES

ELEMENTS:
Presupposes existence of rebellion
Must not be in conspiracy with rebels or coup plotters
If there are means to prevent the rebellion but did not resist it, then theres disloyalty.
If there are no means, no fault
If position is accepted in order to protect the people, not covered by this
The collaborator must not have tried to impose the wishes of the rebels of the

people.
1. Failing to resist rebellion by all the means in their power
2. Continuing to discharge the duties of their offices under the control of rebels
3. Accepting appointment to office under rebels

Article 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, proclamations, writings, emblems,
banners or other representations tending to the same end

Intentionally calculated to seduce others to rebellion

There must be uprising to take up arms and rise publicly for the purposes indicated in
Art 134

Proposal to Commit Rebellion (136)

Inciting to Rebellion (138)

The person who proposes has decided to

commit rebellion.

Not required that the offender has

decided to commit rebellion.

The person who proposes the execution of

the crime uses secret means.

The inciting is done publicly.

Article 139
SEDITION

1.
1.
2.
3.
4.

5.
6.
7.

ELEMENTS:
That the offenders rise
Publicly (if no public uprising = tumult and other disturbance of public order)
Tumultuously (vis--vis rebellion where there must be a taking of arms)
to prevent the promulgation or execution of any law or the holding of any popular
election
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
to inflict any act or hate or revenge upon the person or property of any public officer
or employee
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 offended parties)
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.
3.

That they employ force, intimidation, or other means outside of legal methods
That the offenders employ any of those means to attain any of the following objects:
Sedition: raising of commotion or disturbances in the State. Its ultimate object is a

violation of the public peace or at least such measures that evidently engenders it.
Difference from rebellion object or purpose of the surprising. For sedition sufficient

that uprising is tumultuous. In rebellion there must be taking up of arms against the
government.
Sedition purpose may be either political or social. In rebellion always political
Tumultuous caused by more than 3 persons who are armed or provided with means

of violence
Preventing public officers from freely exercising their functions
In sedition offender may be a private or public person (Ex. Soldier)
Public uprising and the object of sedition must concur
Q: Are common crimes absorbed in sedition? In P v. Umali, SC held that NO. Crimes

committed in that case were independent of each other.

Preventing election through legal means NOT sedition
But when sugar farmers demonstrated and destroyed the properties of sugar barons

sedition
Persons liable for sedition:

1.
2.

leader of the sedition, and

other persons participating in the sedition

Article 142
INCITING TO SEDITION

ELEMENTS:

1.
2.

That the offender does not take a direct part in the crime of sedition
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)

Different acts of inciting to sedition:

When punishable:
1.

Inciting others to the accomplishment of any of the acts which constitute sedition by
means of speeches, proclamations, writings, emblems etc.
2. Uttering seditious words or speeches which tend to disturb the public peace or
writing, publishing, or circulating scurrilous [vulgar, mean, libelous] libels against the
government or any of the duly constituted authorities thereof, which tend to disturb
the public peace
3. Knowingly concealing such evil practices

1.

when they tend to disturb or obstruct any lawful officer in executing the functions of
his office; or
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

II. CRIMES AGAINST POPULAR REPRESENTATION

Article 143
ACTS TENDING TO PREVENT THE MEETING OF CONGRESS AND SIMILAR BODIES

ELEMENTS:

1.

That there be a projected or actual meeting of Congress or any of its committees or

subcommittees, constitutional commissions or committees or division thereof, or of
any provincial board or city or municipal council or board
2. That the offender who may be any persons prevents such meeting by force or fraud

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
DISTURBANCE OF PROCEEDINGS

ELEMENTS:

1.

That there be a meeting of Congress or any of its committees, constitutional

commissions or committees or divisions thereof, or of any provincial board or city or
municipal council or board
2. That the offender does any of the following acts
1.
he disturbs any of such meetings
2.
he behaves while in the presence of any such bodies in such a manner as to
interrupt its proceedings or to impair the respect due it

Complaint must be filed by member of the Legislative body. Accused may also be
punished for contempt.

Article 145
VIOLATION OF PARLIAMENTARY IMMUNITY

1.
1.
2.
3.
2.

Acts punishable:
By using force, intimidation, threats, or frauds to prevent any member of Congress
from
attending the meeting of the assembly or any of its committees, constitutional
commissions or committees or divisions thereof, or from
expressing his opinions or
casting his vote
By arresting or searching any member thereof while Congress is in a regular or
special session, except in case such member has committed a crime punishable under
the code by a penalty higher than prision mayor

Elements:
1.
2.
3.
4.

That the offender is a public officer or employee

That he arrests or searches any member of Congress
That Congress, at the time of arrest or search, is in a regular or special session
That the member searched has not committed a crime punishable under the code by
a penalty higher than prision mayor (1987 constitution: privilege from arrest while
congress in session in all offenses punishable by not more than 6 years imprisonment).
Article partly inoperative because of the 1987 Constitution

III. ILLEGAL ASSEMBLIES AND ASSOCIATIONS

Article 146
ILLEGAL ASSEMBLIES

Two (2) Types of illegal assemblies:

a. Meeting of the first form

1.
2.

Meeting, gathering or group of persons whether in a fixed place or moving

purpose : to commit any of crimes punishable under the code

3.

meeting attended by armed persons

b. Meeting of the second form

1.
2.

Meeting, gathering or group of persons whether in a fixed place or moving

Audience whether armed or not, is incited to the commission of the crime of treason,
rebellion or insurrection, sedition or direct assault.
Not all the persons present at the meeting of the first form of illegal assembly must

be armed
Persons liable for illegal assembly
Responsibility of persons merely present at the meeting
Presumptions if person present at the meeting carries an unlicensed firearm:

1.
2.
1.
2.
1.
2.

the organizers or leaders of the meeting

persons merely present at the meeting (except when presence is out of curiosity
not liable)
if they are not armed, penalty is arresto mayor
if they carry arms, like bolos or knives, or licensed firearms, penalty is prision
correccional
purpose of the meeting is to commit acts punishable under the RPC
considered as leader or organizer of the meeting

Article 147
ILLEGAL ASSOCIATIONS

ELEMENTS:
Persons liable:

1.
2.
1.
2.

Organized totally or partially for the purpose of committing any of the crimes in RPC
Or for some purpose contrary to public morals
founders, directors and president of the association
mere members of the association

Illegal Assembly (146)

Must be an actual meeting of armed

persons to commit any of the crimes
punishable under the RPC, or of individuals
who, although not armed, are incited to the
commission of treason, rebellion, sedition or
assault upon a person in authority of his

Illegal Association (147)

No need for such

agent.
It is the meeting and the attendance at such
that are punished

Act of forming or organizing and

membership in the association

Persons liable: leaders and those present

Founders, directors, president and

members

IV. ASSAULT, RESISTANCE AND DISOBEDIENCE

Article 148
DIRECT ASSAULT

ELEMENTS OF THE 1ST FORM OF DIRECT ASSAULT

1.
2.

That the offender employs force or intimidation.

That the aim of the offender is to attain any of the purposes of the crime of rebellion
or any of the objects of the crimes of sedition. (victim need not be person in authority)
3. That there is no public uprising.

ELEMENTS OF THE 2ND FORM OF DIRECT ASSAULT:

1.

5.

That the offender (a) makes an attack, (b) employs force, (c) makes a serious
intimidation, or (d) makes a serious resistance.
That the person assaulted is a person in authority or his agent.
That at the time of the assault the person in authority or his agent (a) is engaged in
the actual performance of official duties (motive is not essential), or that he is
assaulted (b) by reason of the past performance of official duties (motive is essential).
That the offender knows that the one he is assaulting is a person in authority or his
agent in the exercise of his duties (with intention to offend, injure or assault).
That there is no public uprising.
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
Hitting the policeman on the chest with fist 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 offended party is a person in

authority (ex. Laying of hands)

The intimidation or resistance must be serious whether the offended party is an

2.
3.

4.

agent only or a person in authority (ex. Pointing a gun)

Person in Authority

Agent

Force Employed

Intimidation/Resistance

Need not be serious

Serious

Must be of serious character

Serious

Person in authority: any person directly vested with jurisdiction (power or authority to

govern and execute the laws) whether as an individual or as a member of some court
or governmental corporation, board or commission
A barangay captain is a person in authority, so is a Division Superintendent of

schools, President of Sanitary Division and a teacher

Agent: is one who, by direct provision of law or by election or by appointment by

competent authority, is charged with the maintenance of public order and the
protection and security of life and property. (Example. Barrio councilman and any
person who comes to the aid of the person in authority, policeman, municipal
treasurer, postmaster, sheriff, agents of the BIR, Malacaang confidential agent)
Even when the person in authority or the agent agrees to fight, still direct assault.
When the person in authority or the agent provoked/attacked first, 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 official duty when attacked

Circumstances qualifying the offense (Qualified Assault):
Complex crime of direct assault with homicide or murder, or with serious physical

injuries.
Direct assault cannot be committed during rebellion.

1.
2.
3.

when the assault is committed with a weapon

when the offender is a public officer or employee
when the offender lays hand upon a person in authority

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 defined 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 person coming to the
aid of the authority or his agent.

Indirect assault can be committed only when a direct assault is also committed

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 attack on the latter is already
direct assault). Example. Aiding a policeman under attack.

Article 150
DISOBEDIENCE TO SUMMONS

Acts punishable:

1.
2.
3.
4.
5.

refusing without legal excuse to obey summons

refusing to be sworn or placed under affirmation
refusing to answer any legal inquiry to produce books, records etc.
restraining another from attending as witness in such body
inducing disobedience to a summons or refusal to be sworn

Article 151
RESISTANCE DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENT OF SUCH
PERSON (par. 1)

ELEMENTS:

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 arts. 148, 149 and
150.
SIMPLE DISOBEDIENCE (par. 2)

1.

ELEMENTS:

That an agent of a person in authority is engaged in the performance of official duty

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.

Resistant and Disobedience to a

Person in Authority or Agents of such
Direct Assault (148)

Person (151)

PIA or his agent must be engaged in the

performance of official duties or that he
is assaulted

PIA or his agent must be in the actual

performance of his duties.

Direct assault is committed in 4 ways

by attacking, employing force, and
seriously resisting a PIA or his agent.

Committed by resisting or seriously

disobeying a PIA or his agent.

Use of force against an agent of PIA

must be serious and deliberate.

Use of force against an agent of a PIA is not

so serious; no manifest intention to defy the
law and the officers enforcing it.

Article 152
PERSONS IN AUTHORITY/AGENTS OF PERSONS IN AUTHORITY:

Persons in Authority any person directly vested with jurisdiction, whether as an

individual or as a member of some court or governmental corporation, board or

commission.
Barangay captain
Barangay chairman
Teachers
Professors
Persons charged with the supervision of public or duly recognized private schools,
colleges and universities
Lawyers in the actual performance of their professional duties or on the occasion of
such performance
Agent of Person in Authority any person who, by direct provision of law or by

1.
2.
3.
4.

election or by appointment by competent authority, is charged with the maintenance

of public order and the protection and security of life and property.
Barrio councilman
Barrio policeman
Barangay leader
Any person who comes to the aid of persons in authority

1.
2.
3.
4.
5.
6.

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 officials 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.

V. CRIMES AGAINST PUBLIC DISORDERS

Article 153

TYPES OF TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER:

1.
2.

Causing any serious disturbance in a public place, office or establishment

Interrupting or disturbing public performances, functions, gatherings or peaceful
meetings, if the act is not included in Art 131 and 132 (Public Officers interrupting
peaceful meetings or religious worship).
3. Making any outcry tending to incite rebellion or sedition in any meeting, association
or public place
4. Displaying placards or emblems which provoke a disturbance of public order in such
place
5. Burying with pomp the body of a person who has been legally executed.

If the act of disturbing or interrupting a meeting or religious ceremony is NOT

committed by public officers, or if committed by public officers they are not

participants therein, this article applies. Art 131 and 132 punishes the same acts if
committed by public officers 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

TYPES OF UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL

UTTERANCES:

1.

Publishing or causing to be published, by means of printing, lithography or any other

means of publication as news any false news which may endanger the public order, or
cause damage to the interest or credit of the State.
2. Encouraging disobedience to the law or to the constituted authorities or by praising,
justifying or extolling any act punished by law, by the same means or by words,
utterances or speeches
3. Maliciously publishing or causing to be published any official resolution or document
without proper authority, or before they have been published officially
4. Printing, publishing or distributing or (causing the same) books, pamphlets,
periodicals or leaflets which do not bear the real printers name or which are classified
as anonymous.

Article 155

TYPES OF ALARMS AND SCANDALS:

1.

Discharging any firearm, rocket, firecracker, or other explosive within any town or
public place, calculated to cause alarm or danger
2. Instigating or taking active part in any charivari or other disorderly meeting offensive
to another or prejudicial to public tranquility
3. Disturbing the public peace while wandering about at night or while engaged in any
other nocturnal amusement
4. Causing any disturbance or scandal in public places while intoxicated or otherwise,
provided the act is not covered by Art 153 (tumult).

Charivari mock serenade or discordant noises made with kettles, 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

CRIME

Nature of Crime

Who are Liable

Tumults and other Disturbances

(153)

Crime against Public

Order

Private persons,
outsider

Alarms and Scandals (155)

Crime against Public

Order

Private persons,
outsider