REVISED PENAL

CODE
BOOK 2
TITLE THREE
CRIMES AGAINST
PUBLIC ORDER
 REBELLION AND SEDITION
 Rebellion or insurrection (Art. 134);

 Coup d’ etat (Art. 134-A)

 Conspiracy and proposal to commit rebellion (Art. 136);

 Disloyalty to public officers or employees (Art. 137);

 Inciting to rebellion (Art. 138);

 Sedition (Art. 139);

 Conspiracy to commit sedition (Art. 141);

 Inciting to sedition (Art. 142);

Article 134
REBELLION OR INSURRECTION
 a.That there be – (ESSENCE: FORCE AND VIOLENCE)

 1.public uprising and

 2.taking arms against the government (force/violence)

 b.That the purpose of the uprising or movement is either

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

 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
There must be a public apprising and taking up of arms
for the specified purpose or purposes mentioned in
Article 134. The acts of the accused who is not a
member of the Hukbalahap organization of sending
cigarettes and food supplies to a Huk leader; the
changing of dollars into pesos for a top level
communist; and the helping of Huks in opening accounts
with the bank of which he was an official, do not
constitute Rebellion. (Carino vs. People, et al., 7 SCRA
900).
REBELLION V SEDITION
(1) As to nature

In rebellion, there must be taking up or arms against the government.

In sedition, it is sufficient that the public uprising be tumultuous.

(2) As to purpose

In rebellion, the purpose is always political.

In sedition, the purpose may be political or social. Example:

the uprising of squatters against Forbes park residents. The
purpose in sedition is to go against established government, not to
overthrow it.
Article 134-A
COUP D’ ETAT
ELEMENTS:
1. Swift attack
2. Accompanied by violence, intimidation, threat, strategy or stealth
3. Directed against:
A. duly constituted authorities
B. any military camp or installation
C. communication networks or public utilities
D. other facilities needed for the exercise and continued
possession of power
4. Singly or simultaneously carried out anywhere in the Philippines
5. Committed by any person or persons belonging to the military or police
or holding any public office or employment;
6. With or without civilian support or participation
7. Purpose of seizing or diminishing state power
The essence of the crime is a swift attack upon the
facilities of the Philippine government, military camps and
installations, communication networks, public utilities and
facilities essential to the continued possession of
governmental powers.
Article 136
CONSPIRACY TO COMMIT COUP D’ ETAT,
REBELLION OR INSURRECTION
Article 137
DISLOYALTY OF PUBLIC OFFICERS AND
EMPLOYEES
a. Failing to resist rebellion by all the means in
their power

b. Continuing to discharge the duties of their

offices under the control of rebels

c. Accepting appointment to office under rebels

Article 138
INCITING TO REBELLION OR INSURRECTION
a.That the offender does not take arms or is not in
open hostility against the government

b. That he incites others to the execution of any of

the acts of rebellion

c. That the inciting is done by means of speeches,

proclamations, writings, emblems, banners or other
representations tending to the same end
PROPOSAL TO COMMIT REBELLION
V
INCITING TO REBELLION

commitment to commit rebellion

means

- heads recruiting rebels?

Article 139
SEDITION
a. That the offenders rise –
1. Publicly
2. Tumultuously
b. That they employ force, intimidation, or other means outside of legal methods

c.That the offenders employ any of those means to attain any of the following objects:

1. to prevent the promulgation or execution of any law or the holding of any

popular election
2. 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
3. to inflict any act or hate or revenge upon the person or property of any public
officer or employee
4. to commit for any political or social end, any act of hate or revenge against
private persons or any social class
5. 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
“Tumultuous” is a situation wherein the disturbance or confusion is
caused by at least four persons. There is no requirement that the
offenders should be armed.
Article 141.
Conspiracy to Commit Sedition

In this crime, there must be an agreement and a decision to rise publicly and tumultuously
to attain any of the objects of sedition.

The conspiracy must be to prevent the promulgation or execution of any law or the
holding of any popular election. It may also be a conspiracy to prevent national and local
public officials from freely exercising their duties and functions, or to prevent the
execution of an administrative order.
Article 142
INCITING TO SEDITION
ELEMENTS:

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

b. That he incites others to the accomplishment of any of the acts

which constitute sedition (134)

c. 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)
The mere meeting for the purpose of discussing hatred against the
government is inciting to sedition. Lambasting government officials to
discredit the government is Inciting to sedition. But if the objective of
such preparatory actions is the overthrow of the government, the crime is
inciting to rebellion.
Article 143
ACTS TENDING TO PREVENT THE MEETING OF CONGRESS AND
SIMILAR BODIES

• ELEMENTS:
a. 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

b.That the offender who may be any persons prevents such meeting by
force or fraud
Article 144
DISTURBANCE OF PROCEEDINGS

• ELEMENTS:
a. 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

b.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
Article 144
DISTURBANCE OF PROCEEDINGS

• ELEMENTS:
a. 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

b.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
The objective of the law in criminalizing sedition is
to put a limit to the freedom of expression or the
right of the people to assemble and petition the
government for redress of grievance.
CRIMES AGAINST POPULAR
REPRESENTATION
Article 143
ACTS TENDING TO PREVENT THE MEETING
OF CONGRESS AND SIMILAR BODIES
ELEMENTS:

a.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

b.That the offender who may be any persons prevents such meeting
by force or fraud
Article 144
DISTURBANCE OF PROCEEDINGS
ELEMENTS:
a.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

b.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
Article 145
VIOLATION OF PARLIAMENTARY IMMUNITY
a.By using force, intimidation, threats, or frauds to prevent any
member of Congress from –
1.attending the meeting of the assembly or any of its committees,
constitutional commissions or committees or divisions thereof, or
from
2.expressing his opinions or
3.casting his vote

b.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 ( 6 years up )
Article 145
VIOLATION OF PARLIAMENTARY IMMUNITY

Elements:
1. That the offender is a public officer or employee

2. That he arrests or searches any member of Congress

3. That Congress, at the time of arrest or search, is in a regular or special

session

4. 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 146
ILLEGAL ASSEMBLIES

Two (2) Types of illegal assemblies:

a. Meeting of the first form

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

2. purpose : to commit any of crimes punishable under the code

3. meeting attended by armed persons

b. Meeting of the second form

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

2. Audience whether armed or not, is incited to the commission of the crime of treason,
rebellion or insurrection, sedition or direct assault.
Article 146
ILLEGAL ASSEMBLIES

- merely present in the meeting, liable?

- armed?
- unarmed?

- must all be armed to be illegal assemblies?

- FA is unlicensed, what is the presumption?

- who are liable as leaders?

The gravamen of the offense is mere assembly of or
gathering of people for illegal purpose punishable by the
Revised Penal Code. Without gathering, there is no
illegal assembly. If unlawful purpose is a crime under a
special law, there is no illegal assembly.

SPECIAL LAW
Article 146
ILLEGAL ASSEMBLIES

Two forms of illegal assembly

(1)No attendance of armed men, but persons in the meeting are incited to commit treason,
rebellion or insurrection, sedition or assault upon a person in authority. When the illegal
purpose of the gathering is to incite people to commit the crimes mentioned above, the
presence of armed men is unnecessary. The mere gathering for the purpose is sufficient to bring
about the crime already.

(2)Armed men attending the gathering – If the illegal purpose is other than those mentioned
above, the presence of armed men during the gathering brings about the crime of illegal
assembly.
Article 147
ILLEGAL ASSOCIATIONS

• ELEMENTS:

a. Organized totally or partially for the purpose of

committing any of the crimes in RPC
Or

b. For some purpose contrary to public morals

ASSAULT, RESISTANCE AND
DISOBEDIENCE
PERSONS IN AUTHORITY
V
AGENTS OF PERSONS IN
AUTHORITY
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.

In applying the provisions of Articles 148 and 151, teachers, professors, and
persons charged with the supervision of public or duly recognized private
schools, colleges and universities and lawyers in the actual performance of
their duties or on the occasion of such performance, shall be deemed a person
in authority.
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, Malacañang
confidential agent)

The offended party in assault must not be the aggressor. If there is

unlawful aggression employed by the public officer, any form of
resistance which may be in the nature of force against him will be
considered as an act of legitimate defense. (People vs. Hernandez,
59 Phil. 343)
Article 148
DIRECT ASSAULT
ELEMENTS OF THE 1ST FORM OF DIRECT ASSAULT

a.That the offender employs force or intimidation.

b.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)

c.That there is no public uprising.The offended party in assault must not be

the aggressor.

DSWD WAREHOUSE
Article 148
DIRECT ASSAULT
ELEMENTS OF THE 2ND FORM OF DIRECT ASSAULT:
a.That the offender (a) makes an attack, (b) employs force, (c) makes a serious
intimidation, or (d) makes a serious resistance.

b.That the person assaulted is a person in authority or his agent.

c.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).

d.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).

e.That there is no public uprising.

Article 148
DIRECT ASSAULT

- can it be committed by means of culpa?

- can it be complexed with other crimes?
- May it be committedin times of civil disturbance?
- May direct assault be committed upon a private
individual?

ignorantia legis non excusat.

Article 148
DIRECT ASSAULT

The crime of direct assault punishes the spirit of

lawlessness and the contempt or hatred for the
authority or the rule of law.

Force Employed Intimidation/Resistance

Person in Need not be serious Serious

Authority
Agent Must be of serious Serious
character
Article 149
INDIRECT ASSAULT
ELEMENTS:
a.That a person in authority or his agent is the victim of any of the
forms of direct assault defined in ART. 148.

b.That a person comes to the aid of such authority or his agent.

c.That the offender makes use of force or intimidation upon such

person coming to the aid of the authority or his agent.
Article 149
INDIRECT ASSAULT

The victim in indirect assault should be a private person

who comes in aid of an agent of a person in authority.
The assault is upon a person who comes in aid of the
agent of a person in authority. The victim cannot be the
person in authority or his agent.
Article 150
DISOBEDIENCE TO SUMMONS
Acts punishable:
a.refusing without legal excuse to obey summons

b.refusing to be sworn or placed under affirmation

c.refusing to answer any legal inquiry to produce books, records etc.

d.restraining another from attending as witness in such body

e.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
ELEMENTS:
a.That a person in authority or his agent is engaged in the performance of
official duty or gives a lawful order to the offender.

b.That the offender resists or seriously disobeys such person in authority or

his agent.

c.That the act of the offender is not included in the provisions of arts. 148,
149 and 150.
SIMPLE DISOBEDIENCE
ELEMENTS:
a.That an agent of a person in authority is engaged in
the performance of official duty gives a lawful order to
the offender.

b.That the offender disobeys such agent of a person in

authority.

c.That such disobedience is not of a serious nature.

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THANK
YOU!
Keep Safe
Everyone! Atty. Jeselle Dayrit

atty.jeselledayrit@gmail.com

CREDITS: This presentation template was created by

Slidesgo, including icons by Flaticon, and infographics &
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