CRIMINAL LAW 2 ELEMENTS finances, (d) abets, or (e) aids in 3.

That the inciting is done by means of

(Art. 134-147) undertaking a coup detat speeches, proclamations, writings,
emblems, banners or other
Art. 134. Rebellion or insurrection Art. 136. Conspiracy and proposal to commit representatives tending to the same end.
coup detat, rebellion or insurrection
1. That there be (a) public uprising, and (b) Art. 139. Sedition
taking arms against the Government 1. Conspiracy to commit rebellion, and
2. That the purpose of the uprising or 2. Proposal to commit rebellion 1. That the offenders rise (1) publicly, and
movement is either (2) tumultuously
There is conspiracy to commit rebellion, 2. That they employ force, intimidation, or
a. To remove from the allegiance to when two or more persons come to an
said Government or its laws: other means outside of legal methods;
agreement to rise publicly and take arms against 3. That the offenders employ any of those
a. The territory of the the Government for any of the purposes of
Philippines or any part means to attain any of the following
rebellion and decide to commit it. objects:
thereof; or
b. Any body of land, naval or There is proposal to commit rebellion a. To prevent the promulgation or
other armed forces; or when the person who has decided to rise execution of any law or the
b. To deprive the Chief Executive or publicly and take arms against the Government holding of any popular election;
Congress, wholly or partially, of any for any of the purposes of rebellion proposes its b. To prevent the National
of their powers or prerogatives. execution to some other person or persons. Government, or any provincial
or municipal government, or
Art. 135. Penalty for Rebellion, Insurrection or Art. 137. Disloyalty of public officers or any public officer thereof from
Coup detat employees freely exercising its or his
functions, or prevent the
Who are liable? Offender must be a public officer or employee execution of any administrative
A. Leaders Offender must not be in conspiracy with the order;
a. Any person who (a) promotes, rebels c. To inflict any act of hate or
(b) maintains, or (c) heads a revenge upon the person or
Acts of Disloyalty which are punished: property of any public officer or
rebellion or insurrection; or
b. Any person who (a) leads, (b) employee;
1. By failing to resist a rebellion by all
directs, or (c) commands others d. To commit, for any political or
the means in their power; or
to undertake a coup detat social end, any act of hate or
2. By continuing to discharge the duties
B. Participants revenge against private persons
of their offices under the control of
a. Any person who (a) or any social class; and
the rebels; or
participates, or (b) executes the e. To despoil, for any political or
3. By accepting appointment to office
commands of others in social end, any person,
under them.
rebellion, or insurrection; municipality or province, or the
b. Any person in the government Art. 138. Inciting to rebellion or insurrection National Government of all its
service who (a) participates, or property or any parts thereof.
1. That the offender does not take arms or
(b) executes directions or
is not in open hostility against the
commands of others in
Government;
undertaking a coup detat
2. That he incites others to the execution of
c. Any person not in the
any of the acts of rebellion;
government service who (a)
participates, (b) supports, (c)
Art. 140. Penalty for sedition 2. That he incites others to the Art. 143. Acts tending to prevent the meeting
accomplishment of any of the acts which of the Assembly and similar bodies
Persons liable for sedition: constitute sedition.
3. That the inciting is done by means of 1. That there be a projected or actual
1. The leader of the sedition, and meeting of the National Assembly or any
2. Other persons participating in the speeches, proclamations, writings,
emblems, cartoons, banners, or other of its committees or subcommittees,
sedition constitutional committees or divisions
representations tending to the same
Leader Penalty of Prision Mayor in its minimum end. thereof, or any of any provincial board
and a fine not exceeding 10,000 pesos or city or municipal council or board.
Uttering seditious words or speeches and 2. That the offender who may be any
Participants Penalty of Prision Correccional in writing, publishing or circulating scurrilous person prevents such meeting by force
its maximum period and a fine not exceeding libels are punishable, when: or fraud
5,000 pesos
1. They tend to disturb or obstruct any Art. 144. Disturbance of proceedings
Art. 141. Conspiracy to commit sedition lawful officer in executing the functions
of his office; or 1. That there be a meeting of the National
1. That there must be an agreement and 2. They tend to instigate others to cabal Assembly or any of its committees or
decision to rise publicly and and meet together for unlawful subcommittees, constitutional
tumultuously to attain any of the objects purposes; or commissions or committees or divisions
of sedition 3. They suggest or incite rebellious thereof, or of any provincial board or
2. That there is no proposal to commit conspiracies or riots; or city or municipal council or board.
sedition 4. They lead or tend to stir up the people 2. That the offender does any of the
against the lawful authorities or to following acts:
Art. 142. Inciting to sedition a. He disturbs any of such
disturb the peace of the community, the
Acts of inciting to sedition: safety and order of the Government. meetings
b. He behaves while in the
1. Inciting others to the accomplishment of Rules to Seditious Words presence of any such bodies in
any of the acts which constitute sedition such a manner as to interrupt its
by means of speeches, proclamations, 1. Clear and Present Danger Rule proceedings or to impair the
writings, emblems, etc. - Words must be of such a nature that respect due it.
2. Uttering seditious words or speeches by uttering them there is a danger of
which tend to disturb the public peace a public uprising and that such Art. 145. Violation of parliamentary immunity
3. Writing, publishing, or circulating danger should be both clear and
imminent Par. 1. Offender is any person
scurrilous libels against the Government
or any of the duly constituted authorities 2. Dangerous Tendency Rule 1. That the offender uses force,
thereof, which tend to disturb the public - Words used tend to create a danger intimidation, threats or fraud
peace. of public uprising. Words uttered 2. That the purpose of the offender is to
could easily produce disaffection prevent any member of the National
Inciting to sedition to accomplish any of its among the people and a state of Assembly from
objects: (Elements) feeling incompatible with a a. Attending the meetings of the
disposition to remain loyal to the Assembly or any of its
1. That the offender does not take direct
Government. committees or constitutional
part in the crime of sedition
commissions, etc.; or
b. Expressing his opinions; or
 c. Casting his vote insurrection, sedition or direct subdivisions by force, violence, deceit,
assault. subversion or other illegal means, for
Par. 2. Offender is a public officer or employee the purpose of placing such government
Persons liable for illegal assembly: or political subdivision under the
1. That the offender is a public officer or
employee; 1. The organizers or leaders of the meeting control and domination of any alien
2. That he arrests or searches any member 2. Persons merely present at the meeting power; and
of the National Assembly; (Though absence of such intent to 3. Taking up arms against the Government,
3. That the Assembly, at the time of arrest commit the felony, may exempt the the offender being a member of the
or search, is in regular or special session; person present from criminal liability.) Communist Party or of any subversive
4. That the member arrested or searched association as defined in Sec. 2 of the Act.
has not committed a crime punishable Art. 147. Illegal associations
Acts punished under the Revised Anti-
under the Code by a penalty higher than What are illegal associations? Subversion Law (PD No. 885):
prision mayor.
1. Associations totally or partially 1. Knowingly, willfully and by overt act
Art. 146. Illegal Assemblies organized for the purpose of committing affiliating with, becoming or remaining a
What are illegal assemblies? any of the crimes punishable under the member of a subversive association or
Code organization as defined in Sec. 2 thereof;
1. Any meeting attended by armed persons 2. Associations totally or partially 2. Taking up arms against the Government,
for the purpose of committing any of the organized for some purpose contrary to the offender being a member of a such
crimes punishable under the Code. public morals. subversive association or organization
a. That there is a meeting, a
gathering or group of persons, Persons liable for illegal association:
whether in a fixed place or 1. Founders, directors and president of the
moving; association.
b. That the meeting is attended by 2. Mere members of the association.
armed persons;
c. That the purpose of the meeting Subversion - an action, plan, or activity intended
is to commit any of the crimes to undermine or overthrow a government or
punishable under the Code. other institution
2. Aby meeting in which the audience,
whether armed or nor, is incited to the Acts punished under the Anti-Subversion Act
commission of the crime of treason, (RA No. 1700):
rebellion or insurrection, sedition, or 1. Knowingly, willfully and by overt acts
assault upon a person in authority or his (a) affiliating oneself with, (b) becoming,
agents. or (c) remaining a member of the
a. That there is a meeting, a Communist Party of the Philippines
gathering or group of persons, and/or its successors or of any
whether in a fixed place or subversive associations as defined in
moving. Sec. 2 of the Act;
b. That the audience, whether 2. Conspiring with any other person to
armed or not, is incited to the overthrow the Government of the
commission of the crime of Republic of the Philippines or the
treason, rebellion or government of any of its political