Crim Law 2 Reviewer 1
Crim Law 2 Reviewer 1
Crim Law 2 Reviewer 1
Article 134
REBELLION OR INSURRECTION
ELEMENTS:
1. That there be
1. public uprising and
2. taking arms against the government (force/violence)
2. That the purpose of the uprising or movement is either
1. to remove from the allegiance to said government or its laws
1.
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
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
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)
Article 134-A
COUP D ETAT
ELEMENTS:
1. Swift attack
Crime may be committed by a single person, any government employee and even by
civilian
Taking up of arms not even necessary, what is important is violence, threat, intimidation,
strategy or stealth
Treason (114)
Crime against
Nature of National Security
Crime
Rebellion (134)
Crime against
Public Order
See article.
Rising publicly or
tumultuously (caused
by more than 3 armed
men or provided with
means of violence)
Seizing or
diminishing
state power.
See enumeration in
article.
Article 135
Penalties
In Government Service
Anyone who leads, directs, commands others to Anyone who participates or in an manner,
undertake a coup.
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.
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
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
1. A person who has decided to rise publicly and take arms the government
2. For any of the purposes of rebellion
3. Proposes its execution to some other person/s
Article 137
DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES
ELEMENTS:
If there are means to prevent the rebellion but did not resist it, then theres disloyalty. If
there are no means, no fault
The collaborator must not have tried to impose the wishes of the rebels of the people.
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
There must be uprising to take up arms and rise publicly for the purposes indicated in Art
134
Article 139
SEDITION
ELEMENTS:
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.
Tumultuous caused by more than 3 persons who are armed or provided with means of
violence
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.
But when sugar farmers demonstrated and destroyed the properties of sugar barons
sedition
Article 142
INCITING TO SEDITION
ELEMENTS:
1. That the offender does not take a direct part in the crime of sedition
2. 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)
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
ELEMENTS:
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:
Complaint must be filed by member of the Legislative body. Accused may also be
punished for contempt.
Article 145
VIOLATION OF PARLIAMENTARY IMMUNITY
Acts punishable:
1. By using force, intimidation, threats, or frauds to prevent any member of Congress from
Not all the persons present at the meeting of the first form of illegal assembly must be
armed
Article 147
ILLEGAL ASSOCIATIONS
ELEMENTS:
Persons liable:
1. Organized totally or partially for the purpose of committing any of the crimes in RPC
2. Or for some purpose contrary to public morals
1. founders, directors and president of the association
1. That the offender (a) makes an attack, (b) employs force, (c) makes a serious
intimidation, or (d) makes a serious resistance.
2. That the person assaulted is a person in authority or his agent.
3. 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).
4. 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).
5. 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 agent
only or a person in authority (ex. Pointing a gun)
Force Employed
Intimidation/Resistance
Serious
Serious
Person in Authority
Agent
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
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
Complex crime of direct assault with homicide or murder, or with serious physical
injuries.
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:
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.
ELEMENTS:
1. 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.
Article 152
PERSONS IN AUTHORITY/AGENTS OF PERSONS IN AUTHORITY:
1. Barangay captain
2. Barangay chairman
3. Teachers
4. Professors
5. Persons charged with the supervision of public or duly recognized private schools,
colleges and universities
6. 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 election
or by appointment by competent authority, is charged with the maintenance of public
order and the protection and security of life and property.
1. Barrio councilman
2. Barrio policeman
3. Barangay leader
4. Any person who comes to the aid of persons in authority
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.
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
Article 155
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
CRIME
Tumults and other
Disturbances (153)
Alarms and Scandals (155)
Nature of Crime
Crime against Public Order
Crime against Public Order
Article 156
2. That the offender removes therefor such person, or helps the escape of such person (if the
escapee is serving final judgement, he is guilty of evasion of sentence).
3. Offender is a private individual
A policeman assigned to the city jail as guard who while off-duty released a prisoner is
liable here
Mitigating circumstance if it takes place outside the penal establishment by taking the
guards by surprise
A continuing offense.
Article 158
1. That the offender is a convict by final judgement who is confined in a penal institution.
2. That there is disorder, resulting from- 1. conflagration,
2. earthquake,
3. explosion, or
4. similar catastrophe, or
5. mutiny in which he has not participated.
1. That the offender evades the service of his sentence by leaving the penal institution where
he is confined, on the occasion of such disorder or during the mutiny.
2. That the offender fails to give himself up to the authorities within 48 hours following the
insurance of a proclamation by the chief executive announcing the passing away of such
calamity.
Penalty: an increase by 1/5 of the time remaining to be served under the original
sentence, in no case to exceed 6 months.
Article 159
VIOLATION OF CONDITIONAL PARDON
ELEMENTS:
Offender must have been found guilty of the subsequent offense before he can be
prosecuted under this Article. But if under Revised Admin Code, no conviction necessary.
President has power to arrest, reincarnate offender without trial.
VIOLATION OF PARDON
Infringement of conditions/terms of
President
ORDINARY EVASION
To evade the penalty given by the courts
disturbs the public order
1. prision correccional in its minimum period if the penalty remitted does not exceed 6
years
2. the unexpired portion of his original sentence if the penalty remitted is higher than 6
years
ELEMENTS
1. That the offender was already convicted by final judgement of one offense.
2. That he committed a new felony before beginning to serve such sentence or while serving
the same.
Quasi-recidivism : a person after having been convicted by final judgement shall commit
a new felony before beginning to serve such sentence, or while serving the same.
Second crimes must belong to the RPC, not special laws. First crime may be either from
the RPC or special laws
Reiteracion: offender shall have served out his sentence for the prior offense
Penalty: maximum period of the penalty for the new felony should be imposed
(mitigating circumstance can only be appreciated if the maximum is divisible)