Chapter 1

ART 134 : REBELLION / INSURRECTION

Elements:
1. There must be:
a. Public uprising
b. Taking up of arms against the government
2. The purpose of the uprising is either:
a. Removing from the allegiance to said Government or its laws;
i. The territory of any of the part thereof; or
ii. Any body of land, naval or other armed forces.
b. Depriving wholly or partially; any of the powers or prerogatives of
the:
i. Chief executives; or
ii. Congress

AT 134-A : COUP D’ETAT

Elements:
1. The offender is a person or persons belonging to the military or police
holding ang public office or 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 or communication
networks’ public utilities or other facilities needed for the exercise and
continued possession of the power;
4. The purpose of the attack is to seize or diminish state power.

ART 135 : PENALTY FOR REBELLION, INSURRECTION AND/OR COUP

D’ETAT
1. The leader (Reclusion perpetua):
a. Any person who:
i. Promotes;
ii. Maintains; or
iii. Head of a rebellion or insurrection; or
b. Any person who
i. Leads
ii. Directs’ or
iii. Commands other to undertake coup d’etat
2. The participants:
a. Any person who(Reclusion Temporal):
i. Participates; or
ii. Executes the commands of others in rebellion or insurrection.
b. Any person in government service who; (Reclusion Temporal)
i. Participates; or
ii. Executes directions or commands of others in undertaking a
coup d’etat;
c. Any person not government service who: (Prision Mayor)
i. Participates
 ii. Supports
iii. Finances
iv. Abets
v. Aids in undertaking a coup d’etat

ART 136 : CONSPIRACY AND PROPOSAL TO COMMITS REBELLION,

INSURRECTION OR COUP D’ETAT
Two crimes penalized under this article:
1. Conspiracy to commit rebellion
2. Proposal to commit rebellion

ART 137 : DISLOYAL TO PUBLIC OFFICER OR EMPLOYEES

Punishable acts:
1. Failing to resist a rebellion by all means in their power;
2. Continuing to discharge the duties of their office under the control of the
rebels;
3. Accepting appointment to office under the rebels.

ART 138 : INCITING REBELLION OR INSURRECTION

Elements:
1. The offender does not take up arms or is not in open hostility against the
Government;
2. He incites others to the execution o any of the acts of rebellion;
3. The inciting is done by means of speeches, proclamation, writing, emblems,
banners, or other representations tending to the same end.

ART 139: SEDITION

Elements:
1. The offenders rise:
a. Publicly;
b. Tumultuously;
2. They employ force, intimidation, or other means outside of legal methods.
3. The offender employ any other means to attain any of the following objects:
a. To prevent the promulgation of execution of any law or the holding of
any popular election.
b. To prevent the government or any public officer 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.
e. To despoil, for any political and social end any person, municipality,
or province or the National Government of ll its property or any part
thereof.

ART 140 : PENALTY FOR SEDITION

Persons liable:
 1. The leader of the sedition. (prision mayor in its minimum period and a
fine not exceeding P2,000,000.00)
2. Other persons participating in the sedition (prision correccional in its
maximum period and a fine not exceeding P1,000,000.00)

ART 141 : CONSPIRACY TO COMMIT SEDITION

There must be an agreement and a decision to rise publicly and tumultuously to
attain any of the objects of sedition.
Only conspiracy to sedition is punishable and not proposal to commit sedition.
Penalty: prision correccional in its medium period and a fine not exceeding
P400,000.00

ART 142 : INCITING TO SEDITION

Punishable acts:
1. Inciting others to commit sedition by means of speeches, proclamations,
writings, emblems, cartoons, banners or other representations tending to the
same end.
2. Uttering seditious words or speeches which tend to disturb the public peace.
3. Writing, publishing or circulation scurrilous libels against the Government
or any of its duly constituted authorities which tend to disturb public peace.
4. Knowingly concealing such evil practices.

Elements:
1. The offender does not take 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 representation tending to the same end.
Acts No 2 & 3 punishable when:
1. They tend to disturb or obstruct any lawful officer in executing the functions
of his office.
2. They tend to instigate others to cabal and meet together for unlawful
purposes.
3. They suggest or incite rebellious conspiracies or riots.
4. They lead or tend to stir up the people against the lawful authorities or
disturb the peace of the community and the safety and order of the
Government.
Penalty : prision correccional in its maximun period and a fine not exceeding
P400,000.00

Chapter 2
 ART 143 : ACTS TENDING TO PREVENT THE MEETING OF THE
ASSEMBLY AND SIMILAR BODIES
Elements:
1. There be a projected or actual meeting of the Congress or any of its
committees or subcommittees, constitutional commissions or committees or
divisions thereof or of any provincial board or city or municipal council or
board.
2. The offender, who may be any person, prevents such meeting by force or
fraud.
Penalty: prision correccional or a fine raging P40,000.00 to P400,000.00

ART 144 : DISTURBANCE OF PROCEEDINGS

Elements:
1. There be a meeting of Congress or any of its committees or subcommittees
or division thereof, or any of provincial bord, city or municipal council or
board.
2. The offender does any of the following acts:
a. He disturbs any of such meetings.
b. 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 to it.
Penalty: arresto mayor or a fine from P40,000.00 to P200,000.00

ART 145 : VIOLATION OF PARLIAMENT IMMUNITY

Punishable acts:
1. Using force, intimidation, threats or frauds to prevent any member from:
a. Attending the meetings of Congress or any of its committees or
subcommittees. Constitutional commissions or committees or division
thereof;
b. Casting his vote;
c. Expressing his opinions.
Elements:
a. The offender uses force, intimidation, threats or fraud.
b. The purpose of the offender is to prevent any member of the Congress
fromE;em:
a. Attending the meetings of the Congress or any of its committees or
constitutional commissions, etc.
b. Casting his vote.
c. Expressing his opinion.
Penalty: prision mayor
2. Arresting any member or searching any member while Congress is in
session, except in cases where such member has committed a crime
punishable under the Code by a penalty higher than prision mayor
Elements:
a. The offender is a public office or employee.
b. He arrest or searches any member of the Congress.
c. The Congress at the time of arrest or search is in regular or special
session.
d. The member arrested or searched has not committed a crime punishable
under the code by a penalty higher than prision mayor
 Penalty: prision correccional

Chapter 3

ART 146 : ILLEGAL ASSEMBLY

Two kinds of illegal assemblies
1. Any meeting attended by armed persons for the purpose of committing any
of the crimes punishable under the RPC;
Requisites:
a. There is a meeting, gathering or group of persons, whether un a fixed
place or moving.
b. The meeting is attended by armed persons.
c. The purpose of the meeting is to commit any of the crimes punishable
under RPC.
Penalty: prision correccional in its maximum period to prision mayor in its
medium priod.
2. Any meeting in which the audience, whether armed or not, is incited to the
commission of the crime of treason, rebellion or insurrection, sedition or
assault upon a person in authority or his agent.
Requisites:
a. There is a meeting, a gathering or group of persons, whether in a fixed
place or moving.
b. The audience whether armed or not is incited to the commission of the
crime of treason, rebellion or insurrection, sedition or direct assault.
Penalty: arresto mayor, unless they are armed - prision correccional

ART 147 : ILLEGAL ASSOCIATION

Prohibited associations:
Associations totally or partially organized for:
1. The purpose of committing any of the crimes punishable under RPC.
2. Some purpose contrary to public morals.
Penalty: prision correccional in its minimum and medium and a fine not
exceeding to P200,000.00

Chapter 4

ART 148 : DIRECT ASSAULT

Two ways of committing direct assault:
1. Without public uprising, by employing force or intimidation for the
attainment of any of the purposes enumerated in defending the crimes of
sedition and rebellion.
Elements:
a. The offender employs force or intimidation.
b. The offender is to attain any of the purposes of the crime of rebellion or any
of the objects in the crime of sedition
c. There is no public uprising
Purpose of the rebellion
a. Removing from the allegiance to said Government or its laws.
a. The territory of the Philippines or any of the part thereof; or
b. Any body of land, naval or other armed forces; or
b. Depriving wholly or partially, any of the powers or prerogatives of the:
a. Chief Executive; or
b. Congress
Objects of Sedition:
a. To prevent the promulgation or execution of any law or the holding of
any popular election.
b. To prevent the government or any public officer 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 or 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.
e. To despoil, for any political and social end any person, municipality or
province or the National Government of all its property or any part
thereof.
Penalty: prision correccional in its medium and maximum and a fine not
exceeding to P200,000.00

2. Without public uprising, by attacking, by employing force or seriously

intimidating or by seriously resisting any person in authority (PA) or agents
of persons in authority (APA), while engaged in the performance of official
duties, or on occasion of such performance.
Elements:
a. The offender:
a. Makes an attack – includes any offensive or antagonistic
movement or action of any kind (equivalent to aggression)
b. Employ force
c. Make a serious intimidation (unlawful coercion, duress putting
someone in fear exertion of an influence in the mind which must
be both immediate and serious)
d. Makes a serious resistance (if not a serious crime committed
maybe that under Art 151 or resistance and disobedience)
b. The person assaulted is a person in authority or his agent
c. At the time of the assault the person in authority or his agent:
a. Is engaged in the actual performance of his duties.
b. That he is assaulted by reason of the past performance of his
official duties
 c. The offenders knows that the one he is assaulting is a person in
authority or his agent in the exercise of his duties.
d. There is no public uprising
Penalty: prision correccional in its minimum and a fine not exceeding to
P100,000.00

ART 149 : INDIRECT ASSAULT

Elements:
1. That the 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 of his agent
3. The offender makes use of force or intimidation upon such person coming to
the aid of the authority or his agent.
Penalty: prision correccional in its minimum and medium and a fine not
exceeding to P100,000.00

ART 150 : DISOBEDIENCE TO SUMMON ISSUED BY THE NATIONAL

ASSEMBLY, ITS COMMITTEES OR SUBCOMMITTEES, BY THE
CONSTITUTIONAL COMMISSION, ITS COMMITTEES,
SUBCOMMITTEES OR DIVISIONS
Punishable acts:
1. Refusing, without legal excuse, to obey summons of Congress, or any
commission or committee chairman or member authorized to summon
witnesses.
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 his possession, when required by them to do so in
the exercise of their functions
4. Restraining another from attending as a witness in such legislative or
constitutional body
5. Introducing disobedience to summons or refusal to be sworn by any such
body or official.
Penalty: arresto mayor or a fine ranging from P40,000.00 to P200,000.00

ART 151 : RESISTANCE & DISOBEDIENCE TO A PERSON IN

AUTHORITY OR THE AGENTS OF SUCH PERSON
Elements: resistance & serious disobedience
1. A PA or his APA is engaged in the performance of official duty or gives a
lawful order to the offender
2. The offender resists or seriously disobeys such person in authority or his
agent
3. The act of the offender is not included in the provision of ART 148-150
Penalty: arresto mayor and a fine not exceeding to P100,000.00

Elements: simple disobedience

1. An APA is engaged in the performance of official duty or gives a lawful
order to the offender
2. The offender disobeys such APA
 3. Such disobedience is not a serious nature.
Penalty: arresto menor or a fine raging from P2,000.00 to P20,000.00

ART 152 : PERSONS IN AUTHORITY & AGENTS OF PERSONS IN

AUTHORITY

Persons in authority (PA)

Any person directly vested with jurisdiction, whether as an individual or as a
member of some court or governmental corporation board or commission

And
1. Barangay captain or chairman
2. Teachers, professors and any persons charged with the supervision of public
or duly recognized private schools, colleges and universities.
3. Lawyers in the actual performance of their professional duties or on the
occasion of such performance.
Agents of a persons in authority (APA)
Any person why 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.

And

a. Barrio councilman
b. Barrio policeman
c. Barangay leader
d. Any person who comes to aid of persons in authority

Chapter 5

ART 153 : TUMULTS & OTHER DISTURBANCES OF PUBLIC ORDER

Punishable acts:
1. Causing and serious disturbance in a public place, office or establishment
2. Interrupting or disturbing public performances, functions or gatherings or
peaceful meetings if the act is not included in art 131-132
3. Making an outcry tending to incite rebellion or sedition in any meeting,
association or public place
4. Displaying playcards 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
Penalty: arresto mayor in its medium period to prision correccional in its
minimum and a fine not exceeding to P200,000.00

ART 154 : UNLAWFUL USE OF MEANS OF PUBLICATION AND

UNLAWFUL UTTERANCES

Punishable acts:
 1. Publishing or causing to be published, by means of printing, lithography or
any other mans of publication, as new any false news which may endanger
the public order or cause damage to the interest or credit of the state
2. Encouraging disobedience to the law or to the constituted authorities or by
praising, justifying or extolling any act punished by law, by the same means
or by words utterance or speeches.
3. Maliciously publishing or causing to be published any official resolution or
document without authority, or before they have been published officially
4. Printing, publishing or distributing (or causing the same) books, pamphlets,
periodicals, or leaflets which do not bear the real printer’s name or which are
classified as anonymous.
Penalty: arresto mayor and a fine raging from P40,000.00 to P200,000.00

ART 155 : ALARMS AND SCANDALS

Punishable acts:
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 charivari or other disorderly
meeting offensive to another or prejudicial to public tranquility
3. Disturbing the public peace with wandering about at night or while engaged
in any nocturnal amusements
4. Causing any disturbance or scandal in public places while intoxicated or
otherwise, provided art 153 is not applicable
Penalty: arresto menor or a fine not exceeding to P40,000.00

ART 156 : DELIVERING PRISONERS FROM JAIL

Elements:
1. There is a person confined in a jail or penal establishment
2. The offender removes therefrom such person or helps the escape of such
person
Penalty: arresto mayor in its maximum period to prision correccional in its
minimum
Arresto mayor -other means are used

Chapter 6

ART 157 : EVASION OF SERVICE OF SENTENCE

Elements:
1. The offender is a convict by final judgment
2. He is serving his sentence, which consists of deprivation of liberty
3. He evades the service of his sentence by escaping during the term of his
sentence
Penalty: prision correccional in its and medium and maximum periods
Penalty: prision correccional in its maximum period – unlawful entry,
breaking doors, windows, gates, walls, roofs, or floor etc

ART 158 : EVASION OF SERVICE OF SENTENCE ON THE OCCASION

OF DISORDERS, CONFLAGRATIONS, EARTHQUAKES OR OTHER
CALAMITIES
Elements:
1. The offender is a convict by final judgment when confined in a penal
institution
2. There is disorder, resulting from:
a. Mutiny in which he has not participated;
b. Earthquake
c. Explosion
d. Conflagration
e. Similar catastrophe
3. The offender leaves the penal institution where he is confined on the
occasion of such disorder or during the mutiny
4. The offender fails to give himself up to the authorities within 48 hours
following the issuance of a proclamation by the Chief Executive announcing
the passing away such calamity
Penalty: an increase of 1/5 of the time still remaining to be served under the
original sentence, not to exceed 6 months

ART 159 : OTHER CASES OF EVASION OF SENTENCE (CONDITIONAL

PARDON)
Elements:
1. The offender was a convict
2. He was granted a conditional pardon by the Chief Executive
3. He violated any of the conditions of such pardon
Penalty: prision correccional in its minimum period

CHAPTER 7

ART 160 : COMMISSION OF ANOTHER CRIME DURING SERVICE OF

PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE (QUASI
RECIDIVISM)
Elements:
1. The offender was already convisted by final judgment of one offense
2. He committed a new felony before beginning to serve such sentence or
while serving the same
Penalty: maximum penalty prescribed by law for the new felony