Professional Documents
Culture Documents
REBELLION
Object to completely
overthrow & supersede the
existing govt
REBELLION
The levying of war vs the govt
during peace time
Always involves taking up arms
vs the govt;
Giving aid/comfort to a rebel not
punishable
INSURRECTION
Merely to
a. effect some change of
minor importance, or
b. prevent the exercise of
govtal authority w/ respect
to particular
matters/subjects
TREASON
Levying during war
May be committed by mere
adherence to the enemy giving
him aid/comfort
136
1. CONSPIRACY to commit Rebellion, Insurrection, Coup
detat
2. PROPOSAL to commit Rebellion, Insurrection, Coup
detat
139 SEDITION
ELEMENTS
1. Offenders RISE (1) publicly & (2) tumultuously;
2. Employing
a. Force
b. Intimidation
c. Other illegal means
3. To ATTAIN any of the ff:
a. To PREVENT
i) The promulgation/execution of any LAW or the holding of any popular ELECTION
ii) The National Govt or any provincial/mun govt, or any public officer thereof from from freely EXERCISING its/his FUNCTIONS,
iii) The execution of any ADMINISTRATIVE ORDER
b. To INFLICT an ACT of HATE/revenge
i) upon the person/property of any PUBLIC OFFICER/EE
ii) against PRIVATE PERSONS or any SOCIAL CLASS for any political/social end
c. To DESPOIL, for any political/social end any
i) Person
ii) Municipality/province
iii) The National govt of all its PROPERTY or any part thereof
NATURE: the raising of commotions or disturbances in the State
PURPOSE: a violation of the public peace
public uprising + object of sedition = sedition
no public uprising + object of sedition = Direct Assault of the 1st form
REBELLION
There must be public uprising
The use of firearms is essential.
Therefore, illegal possession is
absorbed
SEDITION
Same
Use of firearm is not essential but
RA 8294 decreed that sedition
absorbs the use of unlicensed
firearms
TREASON
SEDITION
Raising of
commotions/disturbances in the
State
ELEMENTS
ACTS:
O any person
146 ILLEGAL ASSEMBLIES
1. Any MEETING (whether in a fixed place or moving) attended by
ARMED PERSONS for the purpose of committing a crime
The persons present must be armed, but not all of them
must necessarily be armed. The unarmed person merely
present at the meeting is also liable but w/ a lower penalty
than the armed persons.
2. Any MEETING in w/c the AUDIENCE (whether armed/not) is INCITED
to the commision of DIRTS
a. Treason
b. Rebellion
c. Insurrection
d. Sedition
e. Direct Assault
The audience must actually be incited. If they are, the crimes
committed are:
1. Illegal assembly as to
1) The organizers/leaders
2) Persons merely present
2. Inciting to rebellion/sedition for the ones inciting them
If any person present at the meeting carries an unlicensed
firearm:
1. It is presumed that the PURPOSE of the meeting insofar
as he is concerned, is to commit a crime;
2. He is considered a LEADER or organizer
It is necessary that there is an actual meeting or assembly
The meeting and attendance at such meeting are punished
a) Attacking
b) Employing force
c) Seriously intimidating
d) Seriously resisting
Force employed to agent must be
serious
Public Disorders
153 TUMULTS
ACTS
1. CAUSING any SERIOUS DISTURBANCE
in a public place, office or
establishment;
2. INTERRUPTING/DISTURBING
performances, functions, gatherings or
peaceful meetings if not included in
131 & 132;
3. Making an OUTCRY tending to incite
rebellion/sedition in any meeting,
association or public place
4. DISPLAYING placards/emblems w/c
provoke a disturbance of public order
in such place
5. BURYING w/ POMP the body of a person
who has been legally executed.
154
1. UNLAWFUL USE of MEANS of
PUBLICATION
2. UNLAWFUL UTTERANCES
ACTS
1. PUBLISHING or causing to be published, by
means of printing, lithography or any other
means of publication, as news, any FALSE
NEWS w/c may
a. endanger public order or
b. cause damage to the interest/credit
of the State.
2. By
a. ENCOURAGING DISOBEDIENCE to the
law/duly constituted authorities or
b. PRAISING/JUSTIFYING or EXTOLLING any
act punished by law, by the same means,
or by words, utterances or speeches;
3. Maliciously PUBLISHING or causing to be
published any official resolution/document
a. without proper authority, or
b. before they have been published
officially;
4. PRINTING, PUBLISHING, DISTRIBUTING (or
causing the same) books, pamphlets,
periodicals or leaflets
a) Resisting
b) Seriously disobeying
The use of force in resistance is
not so serious or no force at all
ACTS
1. DISCHARGING any firearm, rocket, explosive
w/in any town or public place, calculated to
(MUST) 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 amusements
4. Causing any DISTURBANCE or SCANDAL in
public places while intoxicated or otherwise
when 153 is applicable
calamity.
QC:
1. By means of UNLAWFUL ENTRY
(SCALING)
2. BREAKING doors, windows, etc
3. Using PICKLOCKS, false keys, disguise,
deceit, violence, or intimidation
4. Through CONNIVANCE w/ other convicts
or ees of the penal institution