3rd Module PCC
3rd Module PCC
3rd Module PCC
Assignment 3
*This will serve as your notes for our online discussion and can be used as a reference for future use
so please take the time to comply
The elements of rebellion are as follows: I) public uprising. 2) taking arms against the constituted
power or the Government. 3) that the purpose of the uprising or movement be to remove from the
allegiance of the said Government or its laws, the territory of the Philippines or any part thereof.
Rebellion can now be complexed with common crimes – killings, and/or destructions of property,
even though committed by rebels in furtherance of rebellion, shall bring about complex crimes of
Treason is any action that adversely affects your government's interests in a significant way.
The crime of coup d'etat is a swift attack, accompanied by violence, intimidation, threat, strategy or
stealth, directed against duly constituted authorities of the Republic of the Philippines, or any
military camp or installation, communications networks, public utilities or facilities needed for the
exercise and continued possession of power, singly or simultaneously carried out anywhere in the
Philippines 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, for the purpose of seizing or
7. Provide the elements of Conspiracy and Proposal to Commit Rebellion, coup d etat or
insurrection.
Acts punished and their respective elements: (1)Conspiracy to commit coup d'etat, rebellion or
insurrection. (a) Two (2) or more persons come to an agreement to swiftly attack or to rise publicly
and take arms against the Government for any of the purposes of rebellion or insurrection; (b)They
Conspiracy exists when two or more persons come to an agreement concerning the commission of
a felony and decide to commit it There is proposal when the person who has
decided to commit a felony proposes its execution to some other person or persons.
9. Provide the elements of Disloyalty of Public Officers and Employees.
The penalty of prison correctional in its minimum period shall be imposed upon public officers or
employees who have failed to resist a rebellion by all the means in their power, or shall continue to
discharge the duties of their offices under the control of the rebels or shall accept appointment to
1. Offender does not take arms or is not in open hostility against the Government; 2.He incites
others to the execution of any of the acts of rebellion specified in Article 134 of the Revised Penal
Code; 3. The inciting is done by means of speeches, proclamations, writings, emblems, banners or
other.
-Article 139 states that sedition is committed by those rising publicly and tumultuously to prevent, in
a forceful, intimidating or illegal way, the execution of a law, administrative order, or a popular
Sedition is organized of the rebellion that against their authority of the state while Rebellion is
The act of plotting or conspiring constitutes sedition. The act of treason occurs when action is taken,
but direct action against the government is not the only way to commit treason.
16. Provide the elements of Articles – 143, 144,145, 146, 147 of the RPC
-That there be a projected or actual meeting of Congress or any of its committees or subcommittees,
-That the offender who may be any persons prevents such meeting by force or fraud
committees or divisions thereof, or of any provincial board or city or municipal council or board
-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
ARTICLE 145
-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
ARTICLE 146
-persons merely present at the meeting (except when presence is out of curiosity – not liable)
-if they carry arms, like bolos or knives, or licensed firearms, penalty is prision correccional
-Organized totally or partially for the purpose of committing any of the crimes in RPC
17. Differentiate the following: Public Officer, Persons in Authority, and Agents of a Person in
Authority.
Public Officer a person holding any public office in the Government of the Republic of the Philippines
by virtue of an appointment, election or contract, Person in authority is any person directly vested
charged with the maintenance of public order and the protection and security of life and property,
18. Provide the elements or modes of commission of Articles 148, 149, 150, 151, 153, 154,155,
ARTICLE 148
ARTICLE 149
2. The offended party comes to the aid of said agent of a person in authority;
ARTICLE 150
1. Refusing, without legal excuse, to obey summons of Congress, or any commission or committee
2. Refusing to be sworn or placed under affirmation while before such legislative or constitutional
body or official;
3. Refusing to answer any legal inquiry or to produce any books, papers,documents, or records in
ARTICLE 151
ARTICLE 152
That an APA is engaged in the performance of official duty or gives a lawful order to the offender
ARTICLE 153
3. Making an 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
ARTICLE 154
1. Publishing or causing to be published as news any false news which may endanger the public
order,or cause damage to the interest or credit of the State;
ARTICLE 155
1. Discharging any firearm,rocket, firecracker, or other explosive within any town or public place,
which produces alarm or danger
2. Instigating or taking an active part in any charisma o 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 amusements
4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided
ARTICLE 156
2. That the offender removes such person,or helps the escape of such person.
ARTICLE 157
3. That he evades the service of his sentence by escaping during the term of his sentence.
ARTICLE 158
1. That the offender is a convict by final judgment, and is confined in a penal institution;
3. That the offender leaves the penal institution where he is confined, on the occasion of such
disorder or during the mutiny;
4. That the offender fails to give himself up to the authorities within 48 hrs.following the issuance
of a proclamation by the Chief Executive announcing the passing away of such calamity
ARTICLE 159
Quasi-recidivism is a special aggravating circumstance where a person, after having been convicted
by final judgment, shall commit a new felony before beginning to serve such sentence, or while
serving the same. He shall be punished by the maximum period of the penalty prescribed by law for
the new felony. The penalty is justified because of the perversity and incorrigibility of the offender.
EXAMPLE:
BEN IS ALREADY CONVICTED AND SERVING HIS SENTENCE IN THE JAIL, WHILE SERVING HIS
SENTENCE IN THE JAIL HE COMMIT ANOTHER MISTAKE THAT CAN BE PUNISHABLE BY THE RPC.