TITLE III: CRIMES AGAINST PUBLIC ORDER

1. Rebellion or Insurrection
2. Coup d’etat
3. Conspiracy and proposal to commit coup d’etat, rebellion or insurrection
4. Disloyalty of public officers or employees
5. Inciting to rebellion
6. Sedition
7. Conspiracy to commit sedition
8. Inciting to sedition

Crimes against popular representation:

9. Acts tending to prevent the meeting of Congress and similar bodies

10. Disturbance of proceedings of Congress and similar bodies
11. Violation of parliamentary immunity

12. Illegal assemblies

13. Illegal associations
14. Direct Assault
15. Indirect assault
16. Disobedience to summons issued by Congress, its committees, etc., by the
constitutional commissions, its committees, etc.
17. Resistance and disobedience to a person in authority or the agents of such person
18. Tumults and other disturbances of public order
19. Unlawful use of means of publication and unlawful utterances
20. Alarms and scandals
21. Delivering prisoners from jails
22. Evasion of service of sentence
23. Evasion on occasion of disorders
24. Violation of conditional pardon
25. Commission of another crime during service of penalty imposed for another previous
offense
ART. 134. REBELLION OR REPUBLIC ACT NO. 9372
INSURRECTION
 ACTS PUNISHABLE AS
ELEMENTS: TERRORIM UNDER RA 9372
o Art. 122 – Piracy in general
1. That there be and mutiny in the high seas
a. Public uprising or in PH waters
b. Taking arms against the o Art. 134 – Rebellion or
Government Insurrection
2. That the purpose of the uprising or o Art. 134-A – Coup d’etat
movement is either o Art. 248 – Murder
a. To remove the allegiance to o Art. 267 – Kidnapping and
said Government or its laws Serious illegal detention
i. The territory of the o Art. 324 – Crimes involving
PH or any part Destruction or under
thereof; or  PD 1613 – Law on
ii. Any body of land, Arson
naval or other armed  RA 6969 – Toxic
forces Substances and
b. To deprive the Chief Hazardous and
Executive or Congress, Nuclear Waste
wholly or partially of any of Control Act of 1990
their powers or prerogatives  RA 5207 – Atomic
Energy Regulatory
DEFINITIONS: and Liability Act of
1968
 Rebellion – object of the movement  RA 6235 Anti-
is completely to overthrow and Hijacking law
supersede the existing government  PD 532 – Anti-piracy
 Insurrection – refers to a movement and anti-highway
which seeks merely to effect some robbery law of 1974
change of minor importance, or to  PD 1866 – laws on
prevent the exercise of illegal and unlawful
governmental authority with respect possession,
to particular matter of subjects manufacture, dealing
in, acquisition or
** crime of masses, or a multitude; includes disposition of
a vast movement and a complex net of firearms, ammunition
intrigues and plots or explosives
** actual clash is not absolutely necessary;
identifying with the rebellion is enough ** Terrorism is more severely punished than
** purpose of the uprising must be shown heinous crimes – 40 years
(as indicated in the motive or purpose) ** Conspirators should not actually commit
** not necessary that the purpose be terrorism
accomplished ** Accessory – any person who having
** CRIME IS COMPLETE from the moment knowledge of the commission of the crime
a group of rebels rise publicly and take arms of the terrorism or conspiracy, and takes
against the Gov’t for the purpose of part:
overthrowing it by force. - By profiting himself or assisting
the offender to profit by the
effects of the crime
 - By concealing or destroying the iii. Commands others to
body, effects or instruments of undertake a coup
the crime d’etat
- By harboring, concealing, or 2. The participants
assisting in the escape of the a. Any person who
principal or conspirator i. Participates, or
ii. Executes the
ART. 134 – A. COUP D’ETAT commands of others
in rebellion, or
ELEMENTS: insurrection
b. Any person in the gov’t
1. Offender is a person or persons service who
belonging to the military or police or i. Participates, or
holding any public office or ii. Executes directions
employment or commands of
2. Committed by means of swift attack others in undertaking
accompanied by violence, a coup d’etat
intimidation, threat, strategy or c. Any person not in the gov’t
stealth service who
3. Attack is directed against duly 1. Participates
constituted authorities of the PH, or 2. Supports
any military camp or installation, 3. Finances
communication networks, public 4. Abets, or
utilities or other facilities needed for 5. Aids in
the exercise and continued undertaking a
possession of power coup d’etat
4. Purpose of the attack is to seize or
diminish state power ** Public officer must take part to be liable
** any person who in fact directed the
** may be committed with or without civilian others, spoke for them, signed documents
participation or performed similar acts on behalf of rebels
** may be committed singly or collectively shall be deemed a leader
** objective may not be to overthrow but ** Not a defense in rebellion = never took
only to destabilize or paralyze the govt th4e oath of allegiance tom or that they
through seizure never recognized the gov’t
** no complex crime of rebellion with murder
ART. 135. PENALTY FOR REBELLION, and other common crimes
INSURRECTION, OR COUP D’ETAT ** acts committed in furtherance of rebellion
are absorbed
PERSONS LIABLE: ** common crimes without political motive =
punished as common crimes
1. The leaders
a. Any person who: DEFINITION:
i. Promotes
ii. Maintains, or  Political crimes = directly aimed
iii. Heads a rebellion or against the political order
insurrection  Common crimes = may be
b. Any person who: committed to achieve a political
i. Leads purpose
ii. Directs, or
** decisive factor is intent or motive
ART. 136. CONSPIRACY AND
PROPOSAL TO COMMIT COUP D’ETAT,
REBELLION OR INSURRECTION
** merely agreeing and deciding to rise
publicly and take arms against gov’t for the
purposes of rebellion or merely proposing
the commission of said acts is already
subject to punishment
** no conspiracy when no agreement and
decision to commit rebellion
ART. 137. DISLOYALTY OF PUBLIC
OFFICERS OR EMPLOYEES
ACTS OF DISLOYALTY PUNISHED
 Failing to resist a rebellion by all
means in their power
 By continuing to discharge the duties
of their offices under the control of
the rebels
 Accepting appointment to office
under them
** offender is a public officer or employee
(private individuals cannot be liable in this
article)
** presupposes the existence of rebellion by
others and must be in conspiracy
ART. 138. INCITING TO REBELLION OR
INSURRECTION
ELEMENTS:
1. That the offender does not take
arms or is not in open hostility
against the gov’t
2. Offender 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
INCITING v. PROPOSAL
 BOTH = offender induces another to
commit rebellion
 INCITING = not required that
offender decided to commit
rebellion; act of inciting is done
publicly
 PROPOSAL = offender decides to
commit rebellion; uses secret means
** rebellion should not actually be
committed = if yes, they will be punished as
principal by inducement
ART. 139. SEDITION
ELEMENTS:
1. The offenders rise:
a. Publicly, and
b. 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 objectives
a. Prevent the promulgation or
execution of any law or the
holding of any popular
election
b. Prevent the National Gov’t,
or any provincial or municipal
gov’t, 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 act of hate or
revenge against private
persons or any social class,
and
e. To despoil, for any political or
social end, any person,
municipality or province, or
 the National gov’t or all of its
property or any part thereof
DEFINITIONS:
 SEDITION – raising of commotions
or disturbances in the state; ultimate
object is a violation of public peace
o Rebellion = taking up arms
against the gov’t
o Treason = violation by a
subject of his allegiance to
his sovereign
 TUMULTUOUS – disturbance or
confusion is caused by at least 4
persons
** PURPOSE of the uprising distinguishes
the rebellion from sedition
** cannot be committed by an individual
** common crimes cannot be absorbed in
Sedition
** object of the law is to limit freedom of
expression, right of the people to assemble,
and to petition the govt for redress of
grievances
ART. 140. PENALTY FOR SEDITION
PERSONS LIABLE FOR SEDITION:
 The leader of the sedition
 Other persons participating in the
sedition
ART. 141. CONSPIRACY TO COMMIT
SEDITION
** There must be an agreement and a
decision to rise publicly and tumultuously to
attain the objects of sedition
** NO PROPOSAL TO COMMIT SEDITION
ART. 142. INCITING TO SEDITION
ELEMENTS:
1. Offender does not take direct part in
the crime of sedition
2. He incites others to the
accomplishment of any of the acts
constituting sedition
3. Inciting is done my means of
speeches, proclamations, writings,
emblems, cartoons, banners or other
representations
ACTS:
 Inciting others to the
accomplishment of any of the acts
which constitute sedition by means
of speeches, proclamations,
writings, emblems.
 Uttering seditious words or
speeches which tend to disturb
public peace
 Writing, publishing, or circulation
scurrilous (low, vulgar, mean, foul)
libels against the govt or any of the
duly constituted authorities which
tend to disturb public peace
ART. 143. ACTS TENDING TO PREVENT
THE MEETING OT THE ASSEMBLY AND
SIMILAR BODIES
ELEMENTS:
1. There be a projected to actual
meeting of the National Assembly or
any of its committees or
subcommittees, constitutional
committees, or divisions thereof, or
any of the provincial board, or city or
municipal council or board
2. Offender (any person) prevents such
meeting by force or fraud
ART. 144. DISTURBANCE OF
PROCEEDINGS
ELEMENTS:
1. There be a meeting of the national
Assembly or any of its committees,
subcommittees, constitutional
commissions, or committees or
divisions thereof, or any provincial,
city or municipal council or board
 2. Offender does any of the ff. act.
a. Disturbs any of such
meetings
b. Behave while in the presence
of any such bodies in such a
manner as to interrupt its
proceedings or impair
respect due to it
** must be a meeting of legislative body or
provincial, city, or municipal council board
** complaint may be filed by a member of
the legislative body
** may also be punished for contempt
ART. 145. VIOLATION OF
PARLIAMENTARY IMMUNITY
ELEMENTS:
1. Offender uses force, intimidation,
threat or fraud
2. Purpose is to prevent any member
of the National Assembly from:
a. Attending the meetings of the
assembly, or any of its
committees or constitutional
commissions
b. Expressing his opinions
c. Casting his vote
ELEMENTS:
1. Offender Is a public officer or
employee
2. He arrests or searches any member
of National Assembly
3. That the assembly, 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 under the Code by a
penalty higher than prision mayor
** actual prevention is not necessary, it is
sufficient that he has the purpose to prevent
a member from exercising such
prerogatives
** parliamentary immunity not absolute
(member may be sanctioned by co-
members)
ART. 146. ILLEGAL ASSEMBLIES
ILLEGAL ASSEMBLIES:
REQUISITES:
1. There is a meeting, a gathering or
group of persons, whether in a fixed
place or moving
2. Meeting is attended by armed
persons
3. Purpose is commit any of the crimes
punishable under the Code
REQUISITES:
1. There is a meeting, a gathering or
group of persons whether in a fixed
place or moving
2. That the audience, whether armed
or not, is incited to the commission
of the crime of treason, rebellion, or
insurrection, sedition or direct
assault
** persons present must be armed in the
first form (but not necessarily all are armed)
** present but not armed = still liable
(arresto mayor)
** in illegal assemblies = persons liable are
the leaders and organizers, and persons
merely present.
** in inciting = person liable is only the one
who shall incite others
** CRIMES COMMITTED ARE:
- Illegal assemblies = organizers,
leaders and persons present
- Inciting to rebellion or sedition =
insofar as the one inciting them
is concerned
** if carries unlicensed firearm = considered
as leader or organizer of the meeting
ART. 147. ILLEGAL ASSOCIATIONS
ILLEGAL ASSOCIATIONS:
 1. Associations totally or partially
organized for the purpose of
committing any of the crimes
punishable under the Code
2. Associations totally or partially,
organized for some purpose contrary
to public morals

PERSONS LIABLE:

1. Founds, directors, and president of

the association
2. Mere members of the associations

ILLEGAL ASSEMBLY V. ILLEGAL

ASSOCIATION

 ILLEGAL ASSEMBLY
o Necessary that there is
actual meeting or assembly
for armed persons, or of
individuals, although not
armed, are incited to the
commission of treason,
rebellion, sedition, or assault
upon a person in authority
o Meeting and attendance at
such a meeting is punished
o Persons liable are
 Organizers, or
leaders
 Persons present
 ILLEGAL ASSOCIATION
o Not necessary that there be
actual meeting
o It is the act of forming or
organizing and membership
in the association that is
punished
o Persons liable are
 Founders, director,
president
 members