TITLE 3: Article 134-142: Criminal Law II Review Notes - Revised Penal Code

CRIMINAL LAW II (Article 134-142)

Reyes, 2012, Arellano University School of Law

aiza ebina/2014

Title Three CRIMES AGAINST PUBLIC ORDER Chapter One REBELLION, SEDITION AND DISLOYALTY Art. 134. Rebellion or insurrection; How committed. — The crime of rebellion or insurrection is committed by rising publicly and taking arms against the Government for the purpose of removing from the allegiance to said Government or its laws, the territory of the Philippine Islands or any part thereof, of any body of land, naval or other armed forces, depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives. ELEMENTS 1) There be (a) public uprising, and (b) taking arms against the Government 2) The purpose of the uprising or movement is either – a) To remove from allegiance to said Government or its laws: 1) The territory of the Philippines or any part thereof; or 2) Any body of land, naval or other armed forces b) To deprive the Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives REBELLION – more frequently used where the object of the movement is completely to overthrow and supersede the existing government INSURRECTION – more commonly employed in reference to a movement which seeks merely to effect some change of minor importance, or to prevent the exercise of governmental authority with respect to particular matters or subjects NATURE OF THE CRIME OF REBELLION -

Is a crime of masses, of a multitude. It is a vast movement of men and a complex net of intrigues and plots. Rebellion evokes, not merely a challenge to the constituted authorities, but also civil war on a bigger or lesser scale. There must be a public uprising and the taking up of arms (expressed)

Although the law provides that rebellion is committed by rising publicly and taking arms against the Government, an actual clash of arms with the forces of the Government is not necessary to convict the accused who is in conspiracy with others actually taking arms against the Government. Those merely acting as couriers or spies for the rebels are also guilty of rebellion. The purpose of the uprising must be shown with evidence to indicate the motive or purpose of the accused.

CRIMINAL LAW II (Article 134-142)

Reyes, 2012, Arellano University School of Law

aiza ebina/2014

It is not necessary that the purpose of the rebellion be accomplished. The crime of rebellion is complete the very moment a group of rebels rise publicly and take arms against the Government, for the purpose of overthrowing the same by force. It is not necessary, to consummate rebellion, that the rebels succeed in overthrowing the Government. Rising publicly and taking arms against the Government is the normative element of the offense, while the intent or purpose to overthrow the Government is the subjective element. REBELLION VS. TREASON TREASON – levying of war against the Government when performed to aid the enemy. It would also constitute an adherence to the enemy, giving him aid and comfort. REBELLION – the levying of war against the Government during peace time for any of the purposes mentioned in Article 134. Giving aid and comfort is not criminal in rebellion. SUBVERSION VS REBELLION SUBVERSION – is a crime against national security. Rebellion is a crime against public order. REBELLION OR INSURRECTION AS TERRORISM RA No. 9372 (Human Security Act of 2007) – a person who commits an act punishable as rebellion or insurrection, thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism. -

Punishable by Indeterminate Sentence Law (40 years imprisonment without the benefit of parole) Terrorism is now the most severely punished crime

CONSPIRACY TO COMMIT TERRORISM -

When two or more persons come to an agreement concerning the commission of the crime of terrorism PENALTY: 40 years imprisonment Conspirators should not actually commit terrorism. It is sufficient that they agree and decide to commit the crime of terrorism. If they actually commit the crime, they will be held liable for terrorism and conspiracy, although it is not a separate offense.

ACCOMPLICE IN TERRORISM -

PENALTY: 17 years, 4 months, 1 day to 20 years imprisonment

ACCESSORY IN TERRORISM - PENALTY: 10 years and 1 day to 12 years imprisonment

CRIMINAL LAW II (Article 134-142)

Reyes, 2012, Arellano University School of Law

aiza ebina/2014

Article 134-A. Coup d'etat; How committed. — 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 network, public utilities or other 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 of employment with or without civilian support or participation for the purpose of seizing or diminishing state power. ELEMENTS 1) The offender is a person or persons belonging to the military or police or holding any public office of employment 2) It is committed by means of a swift attack accompanied by violence, intimidation, threat, strategy or stealth 3) The attack is directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communication networks, public utilities or other facilities needed for the exercise and continued possession of power 4) The purpose of the attack is to seize or diminish state power The crime of coup d’etat may be committed with or without civilian participation. COUP D’ETAT AS TERRORISM RA No. 9372 (Human Security Act of 2007) – a person who commits an act punishable as coup d’etat under Article 134-A of the RPC, including acts committed by private persons, thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism. ------------------------------------------------------------------------------------------------------------------------------Art. 135. Penalty for rebellion, insurrection or coup d'etat. — Any person who promotes, maintains, or heads rebellion or insurrection shall suffer the penalty of reclusion perpetua. Any person merely participating or executing the commands of others in a rebellion shall suffer the penalty of reclusion temporal. Any person who leads or in any manner directs or commands others to undertake a coup d'etat shall suffer the penalty of reclusion perpetua. Any person in the government service who participates, or executes directions or commands of others in undertaking a coup d'etat shall suffer the penalty of prision mayor in its maximum period. Any person not in the government service who participates, or in any manner supports, finances, abets or aids in undertaking a coup d'etat shall suffer the penalty of reclusion temporal in its maximum period.

CRIMINAL LAW II (Article 134-142)

Reyes, 2012, Arellano University School of Law

aiza ebina/2014

When the rebellion, insurrection, or coup d'etat shall be under the command of unknown leaders, any person who in fact directed the others, spoke for them, signed receipts and other documents issued in their name, as performed similar acts, on behalf of the rebels shall be deemed a leader of such a rebellion, insurrection, or coup d'etat. WHO ARE LIBALE FOR REBELLION, INSURRECTION AND/OR COUP D’ETAT? 1) The leaders – a) Any person who (1) promotes, (2) maintains, or (3) heads a rebellion or insurrection b) Any person who (1) leads, (2) directs, or (3) commands others to undertake a coup d’etat 2) The participants – a) Any person who (1) participates or (2) executes the commands of others in a rebellion, or insurrection b) Any person in the government service who (1) participates, or (2) executes directions or commands of others in undertaking a coup d'etat c) Any person not in the government service who (1) participates, (2) supports, (3) finances, (4) abets or (5) aids in undertaking a coup d'etat A public officer must take active part to be liable. Mere silence or omission is not punishable in rebellion. It is not a defense in rebellion that the accused never took the oath of allegiance to, or that they never recognized the Government. Such a defense would be nothing less than a negation of the right of the Government to maintain its existence and authority against a certain class of the population. Those who killed persons in pursuance of the movement to overthrow the government are liable for rebellion only and not murder. There is no complex crime of rebellion with murder and other common crimes. Acts committed in furtherance of rebellion re absorbed in rebellion. Membership of appellant in a rebel organization does not automatically qualify criminal acts as absorbed in rebellion. It carries a lighter penalty under the law. Where killings are politically motivated, it is rebellion, not murder. Killing, robbing, etc. for private purposes or profit, without any political motivation, would be separately punished and would not be absorbed in the rebellion. Political crimes are those directly aimed against the political order, as well as such common crimes as may be committed to achieve a political purpose. ---------------------------------------------------------------------------------------------------------------------------------

CRIMINAL LAW II (Article 134-142)

Reyes, 2012, Arellano University School of Law

aiza ebina/2014

Art. 136. Conspiracy and proposal to commit coup d'etat, rebellion or insurrection. — The conspiracy and proposal to commit coup d'etat shall be punished by prision mayor in minimum period and a fine which shall not exceed eight thousand pesos (P8,000.00). The conspiracy and proposal to commit rebellion or insurrection shall be punished respectively, by prision correccional in its maximum period and a fine which shall not exceed five thousand pesos (P5,000.00) and by prision correccional in its medium period and a fine not exceeding two thousand pesos (P2,000.00). CRIMES 1) Conspiracy to commit rebellion 2) Proposal to commit rebellion CONSPIRACY TO COMMIT REBELLION – when two or more persons come to an agreement to rise publicly and take arms against the Government for any of the purposes of rebellion n decide to commit it PROPOSAL TO COMMIT REBELLION – when the person who has decided to rise publicly and taker arms against the Government for any of the purposes of rebellion proposes its execution to some other person or persons Merely agreeing and deciding to rise publicly and take arms against the Government for the purposes of rebellion or merely proposing the commission of said acts is already subject to punishment. There is no conspiracy when there is no agreement and no decision to commit rebellion. Organizing a group of soldiers, soliciting membership in, and soliciting funds from the people for the organization show conspiracy to overthrow the Government. -------------------------------------------------------------------------------------------------------------------------------Art. 137. Disloyalty of public officers or employees. — The penalty of prision correccional 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 office under them. The offender must be a public officer or employee. If a private individual accepts an appointment to office under the rebels, he is not liable under this article. ACTS OF DISLOYALTY 1. By failing to resist a rebellion by all the means in their power 2. By continuing to discharge the duties of their offices under the control of the rebels 3. By accepting appointment to office under them

CRIMINAL LAW II (Article 134-142)

Reyes, 2012, Arellano University School of Law

aiza ebina/2014

The offender under Article 137 must not be in conspiracy with the rebels, otherwise, he will be guilty of rebellion, not merely disloyalty. --------------------------------------------------------------------------------------------------------------------------------Art. 138. Inciting a rebellion or insurrection. — The penalty of prision mayor in its minimum period shall be imposed upon any person who, without taking arms or being in open hostility against the Government, shall incite others to the execution of any of the acts specified in article 134 of this Code, by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end. ELEMENTS 1) The offender does not take arms or s not in open hostility against the Government 2) He incites others to the execution of any of the acts of rebellion’ 3) The inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end The offender shall incite others to rise publicly and take arms against the Government for any of the purposes of rebellion. INCITING TO REBELLION VS. PROPOSAL TO COMMIT REBELLION 1. In both crimes, the offender induces another to commit rebellion. 2. PROPOSAL – person who proposes has decided to commit rebellion INCITING – it is not required that the offender has decided to commit rebellion 3. PROPOSAL – person who proposes the execution of the crime uses secret means INCITING – the act if inciting is done publicly In both proposal and inciting to commit rebellion, the crime of rebellion should not be actually committed by the persons to whom it is proposed or who are incited. If they commit the rebellion because of the proposal or the inciting, the proponent or the one inciting becomes a principal by inducement in the crime of rebellion. ------------------------------------------------------------------------------------------------------------------------------Art. 139. Sedition; How committed. — The crime of sedition is committed by persons who rise publicly and tumultuously in order to attain by force, intimidation, or by other means outside of legal methods, 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 officer thereof from freely exercising its or his functions, or prevent the execution of any administrative order; 3. To inflict any act of hate or revenge upon the person or property of any public officer or employee;

CRIMINAL LAW II (Article 134-142)

Reyes, 2012, Arellano University School of Law

aiza ebina/2014

4. To commit, for any political or social end, any act of hate or revenge against private persons or any social class; and 5. To despoil, for any political or social end, any person, municipality or province, or the National Government (or the Government of the United States), of all its property or any part thereof. ELEMENTS 1) The offenders rise (1) publicly and (2) tumultuously 2) They employ force, intimidation, or by other means outside of legal methods 3) 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 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 Government (or the Government of the United States), of all its property or any part thereof. SEDITION – raising of commotions or disturbances in the State The ultimate object of sedition is a violation of the public peace or at least such a course or matures as evidently engenders it. REBELLION VS SEDITION -

What distinguishes sedition from rebellion is the object or purpose of the uprising In both rebellion and sedition, there must be a public uprising. In rebellion, there must be a taking up of arms against the Government. In sedition, it is sufficient that the public uprising is tumultuous. In sedition, the purpose of the offender may be political In rebellion, the purpose of the offender is always political

TREASON VS SEDITION -

TREASON – violation by a subject of his allegiance to his sovereign or liege, lord, or to the supreme authority of the State SEDITION – raising of commotions or disturbances in the State

No public and tumultuous uprising, no sedition. No object of sedition, no sedition. -----------------------------------------------------------------------------------------------------------------------------------

CRIMINAL LAW II (Article 134-142)

Reyes, 2012, Arellano University School of Law

aiza ebina/2014

Art. 140. Penalty for sedition. — The leader of a sedition shall suffer the penalty of prision mayor in its minimum period and a fine not exceeding 10,000 pesos. Other persons participating therein shall suffer the penalty of prision correccional in its maximum period and a fine not exceeding 5,000 pesos. PERSONS LIABLE FOR SEDITION 1) The leader of the sedition 2) Other persons participating in the sedition ----------------------------------------------------------------------------------------------------------------------------------Art. 141. Conspiracy to commit sedition. — Persons conspiring to commit the crime of sedition shall be punished by prision correccional in its medium period and a fine not exceeding 2,000 pesos. There must be an agreement and a decision to rise publicly and tumultuously to attain any of the objects of sedition. Otherwise, it is not conspiracy to commit sedition. It may only constitute conspiracy to commit direct assault of the first form which is not a felony. There is no proposal to commit sedition, only conspiracy. -------------------------------------------------------------------------------------------------------------------------------Art. 142. Inciting to sedition. — The penalty of prision correccional in its maximum period and a fine not exceeding 2,000 pesos shall be imposed upon any person who, without taking any direct part in the crime of sedition, should incite others to the accomplishment of any of the acts which constitute sedition, by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end, or upon any person or persons who shall utter seditious words or speeches, write, publish, or circulate scurrilous libels against the Government (of the United States or the Government of the Commonwealth) of the Philippines, or any of the duly constituted authorities thereof, or which tend to disturb or obstruct any lawful officer in executing the functions of his office, or which tend to instigate others to cabal and meet together for unlawful purposes, or which suggest or incite rebellious conspiracies or riots, or which 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, or who shall knowingly conceal such evil practices. ACTS OF INCITING TO SEDITION 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 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

CRIMINAL LAW II (Article 134-142)

Reyes, 2012, Arellano University School of Law

aiza ebina/2014

INCITING TO SEDITION TO ACCOMPLISH ANY OF ITS OBJECTS ELEMENTS 1) The offender does not take any direct part in the crime of sedition 2) He incites others to the accomplishment of any of the acts which constitute sedition 3) The inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end It is not inciting to sedition when it is not proved that the defendant incited the people to rise publicly and tumultuously in order to attain any of the ends mentioned in Article 139. SCURRILOUS – low, vulgar, mean or foul UTTERING SEDITIOUS WORDS OR SPEECHES AND WRITING, PUBLISHING OR CIRCULATING SCURRILOUS LIBELS WHEN PUNISHABLE: 1) 2) 3) 4)

They tend to disturb or obstruct any lawful officer in executing the functions of his office They tend to instigate others to cabal and meet together for unlawful purposes They suggest or incite rebellious conspiracies or riots 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

Knowingly concealing such evil practices is ordinarily an act of the accessory after the fact, but under Article 142, the act is treated and punished as that of the principal. The use of words, emblems, etc., and not performance of the act alone, is punished in inciting to sedition. It is not necessary, in order to be seditious, that the words used should in fact result in a rising of the people against the constituted authorities. The law is not aimed merely at actual disturbance, as its purpose is also to punish utterances which may endanger public order. RULES RELATIVE TO SEDITIOUS WORDS 1) The Clear and Present Danger Rule -

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The words must be of such a nature that by uttering them there is a danger of public uprising and that such danger should be both clear and imminent It is required that there must be reasonable ground to believe that the danger apprehended is imminent and that the evil to be prevented is a serious one. There must be probability of serious injury to the State Present refers to the time element. It is used to be identified with imminent and immediate danger. The danger must not only be probable but very likely inevitable.

CRIMINAL LAW II (Article 134-142)

Reyes, 2012, Arellano University School of Law

aiza ebina/2014

2) The 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 a state of feeling in them incompatible with a disposition to remain loyal to the Government and obedient to the laws.

UNLAWFUL RUMOR-MONGERING AND SPREADING FALSE INFORMATION -

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Committed by any person who shall offer, publish, distribute, circulate and spread rumors, false news and information and gossip, or cause the publication, distribution, circulation or spreading of the same, which cause or tend to cause panic, divisive effects among the people, discredit of or distrust for the duly constituted authorities, undermine the stability of the Government and the objectives if the new Society, endanger the public order, or cause damage to the interest or credit of the State. PENALTY: Prision correccional or 6 months and 1 day to 6 years imprisonment IF GOVERNMENT OFFICIAL OR EMPLOYEE: absolute perpetual disqualification from holding any public office

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