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Class Notes Crim 2 Public Order.docx

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  Title Three CRIMES AGAINST PUBLIC ORDER Outline: 1.   Rebellion or Insurrection (Art 134) 2.   Coup d’etat (Art 134 -A) 3.   Conspiracy and proposal to coup d’etat, rebellion or insurrection (Art 136)  4.   Disloyalty of public officers or employees (Art 137) 5.   Inciting to Rebellion (Art 138) 6.   Sedition (Art 139) 7.   Conspiracy to commit sedition (Art 139) 8.   Inciting to Sedition (Art 141) 9.   Acts tending to prevent the meeting of Congress and similar bodies (Art 143) 10.   Disturbance of proceedings of Congress or similar bodies (Art 144) 11.   Violation of parliamentary immunity (Art 145) 12.   Illegal Assemblies (Art 146) 13.   Illegal Associations (Art 147) 14.   Direct Assaults (Art 148) 15.   Indirect Assaults (Art 149) 16.   Disobedience to summons issued by Congress, its committees, etc. (Art 150) 17.   Resistance and disobedience to a person in authority or the agents of such person (Art 151) 18.   Tumults and other disturbances of public order (Art 153) 19.   Unlawful use of means of publication and unlawful utterances (Art 154) 20.   Alarms and Scandals (Art 155) 21.   Delivering prisoners from jails (Art 156) 22.   Evasion of Service of Sentence (Art 157) 23.   Evasion on occasion of disorders (Art 158) 24.   Violation of conditional pardon (Art 159) 25.   Commission of another crime during the service of the penalty imposed for another previous offense (Art 160) ART 134 | REBELLION OR INSURRECTION  Provision:  Article 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. (As amended by R.A. 6968) Elements: 1.   That there be: (a) public uprising, and (b) taking arms against the Government (normative element); 2.   That the purpose of the uprising or movement (subjective element) is either: a.   To remove from the allegiance to said Government or its laws: i.   The territory of the Philippines or any part thereof; or ii.   any body of land , naval or other armed forces; or  b.   To deprive the Chief Executive or Congress, wholly or partially, of any of their powers and prerogatives. Definition:    Rebellion - the purpose or the object of the movement is to completely overthrow and supersede the existing government; a vast movement of men and a complex net of intrigues and plots    Insurrection - a movement which merely seeks to effect some change of minor importance or to prevent the exercise of governmental authority with respect to  particular matters. Commentary: That there be a public uprising and taking arms against the Government    Rebellion is a crime of masses or of a multitude.     Not merely a challenge to the constituted authorities but also of civil war on a  bigger or lesser scale.    Knowingly identifying oneself with the organization that openly fights to overthrow the government was sufficient to make someone guilty of rebellion; those merely acting as couriers or spies for the rebels are guilty of rebellion.    Actual clash of arms with the forces of the government is NOT necessary to convict the accused of the crime of rebellion. The purpose of the uprising or movement    The purpose of the uprising must be clear  and there must be evidence indicating the purpose and motive of the accused to constitute an act as rebellion.      It is NOT necessary that the purpose of rebellion is accomplished nor the rebels succeed in overthrowing the government.      The crime is consummated at the very moment a group of rebels rise publicly and take arms against the government, for the purpose of overthrowing the same by force.      The act of giving aid or comfort is NOT criminal in the case of rebellion or insurrection.    Distinctions between Rebellion and Treason Rebellion Treason  As to the manner it is committed Always involves taking up arms against the government May be committed by mere adherence to the enemy giving him aid and comfort.  As to when it is committed Committed during peace time Committed during war time  As to the purpose or intention of its commission The rebels levy war against the government without the collaboration of the enemy and not for the purpose of delivering the government to the enemy. Levying war against the government must have the  purpose to overthrow or deliver the government in whole or part to the enemy with collaboration of the same and for the advantage of the same. Distinctions between Rebellion and Subversion Rebellion Subversion  As to the kind or nature of the crime Crime against public order Crime against national security  As to the commission The accused undertaken a  public uprising to overthrow the government The accused are officers and ranking members of the Communist Party of the Philippines and similar subversive groups. ART 134- A | COUP D’ETAT   Provision: 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. (As amended by R.A. 6968). Elements: 1.   That the offender is a person or persons belonging to the military or police or holding any public office or employment; 2.   That it is committed by means of a swift attack accompanied by violence, intimidation, threat, strategy or stealth; 3.   That 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.   That the purpose of the attack is to seize or diminish state power. Commentary:    May be committed WITH or WITHOUT civilian participation. ART 135 | PENALTY FOR REBELLION, INSURRECTION, OR COUP D’ETAT   Provision: Article 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. 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. (As amended by R.A. 6968, approved on October 24, 1990).  Commentary: Who are liable for rebellion, insurrection and/or coup d’etat?   Rebellion or Insurrection Coup d’etat    Leaders Any person who (a) promotes , (b) maintains , or (c) heads  a rebellion or insurrection Any person who (a) leads , (b) directs , or (c) commands  others to undertake a coup d’etat  When it shall be under an unknown leader  , any person who in fact (a) directed  others, (b) spoke  for them, (c) signed  receipts and other documents issued in their name, or (d) performed  similar acts, on behalf of the rebels, shall be deemed a leader  of such rebellion or insurrection or coup d’etat.    Participants Any person who (a) participates , or (b) executes  the commands of others in rebellion, or insurrection Any person in the government service who (a) participates , or (b) executes  the commands of others in undertaking coup d’etat  Any person NOT in the government service who (a) participates , (b) supports , (c) finances , (d) abets , or (e) aids  in undertaking a coup d’etat      A Public Officer must take active part in rebellion to be liable; mere silence in rebellion is NOT punishable. Mere silence as an omission is not included or expressly stated in the law as acts constituting an offense.     Note: Penal laws are strictly construed. The acts enumerated in the law as  punishable are exclusive.     Never taking an oath of allegiance to or never recognizing the Government are  NOT a valid defense in Rebellion because it constitute only a negation  of the right of the Government to maintain its existence and authority against certain class of the population (US v. del Rosario)    Acts committed in furtherance of rebellion through crimes in themselves are deemed absorbed in one single crime of rebellion. (Enrile v. Amin)    Membership in a rebel organization does not automatically qualify his criminal acts as absorbed in the crime of rebellion which carries a lighter penalty under the law.    Political Offense Doctrine - “common cr  imes, perpetrated in furtherance of a  political offense, are divested of their character as ‘common’ offenses and assume the political complexion of the main crime of which they are mere ingredients, and, consequently, cannot be punished separately from the principal offense, or complexed with the same, to justify the imposition of a graver penalty.    If the killings are politically motivated, therefore the crime is rebellion NOT murder. If NOT politically motivated then it would be separately punished and would not be absorbed in the rebellion.    Political Crimes - those directly aimed against the political order or common crimes as may be committed to achieve a political purpose. Depends on the intent or motive.    If a common crime is committed: -   With a political purpose   Political Crime -   Without a political purpose   It is still a common crime and can be charged separately. ART 136 | CONSPIRACY AND PROPOSAL TO COMMIT COUP D’ETAT, REBELLION, OR INSURRECTION Provision: Article 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). (As amended by R.A. 6968, approved October 24, 1990). Elements: 1.   Conspiracy to commit rebellion a.   Two or more persons   b.   Come to an agreement to rise publicly and take arms against the Government for any of the purposes of rebellion c.   They decide to commit it. 2.   Proposal to commit rebellion a.   One person  b.   Who has decided to rise publicly and take arms against the Government for any of the purposes of rebellion c.   Proposes its execution to some other person or persons. Commentary:    Persons liable  for the crime of rebellion: a.   Persons merely agreeing or deciding  to rise publicly and take arms against the government for purposes mentioned in Art 134 even without actually rising publicly and taking up arms against the government.  b.   Persons merely proposing  the commission of the said acts to other  persons even without actually performing the overt acts under Art 134.    There is NO conspiracy when: a.   there is NO agreement concerning the commission of rebellion  b.   there is NO decision to commit it (US v. Figueras) ART 137 | DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES Provision: Article 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. (Reinstated by E.O. No. 187). Elements: 1.   The offender must be a public officer or employee; 2.   Committed either of the following: a.   By failing to resist a rebellion by all means in their power; or  b.   By continuing to discharge the duties of their offices under the control of the rebels; or c.   By accepting appointment to office under the rebels. Commentary:    If a private individual accepts an appointment to office under the rebels, he is  NOT liable under this article.    The crime of disloyalty of public officers presupposes the existence of rebellion. A public officer cannot be held liable for disloyalty if there is NO actual rebellion to be resisted or the place is NOT under the control of the rebels.    Conspiracy is when the act of one is the act of all. A public officer cannot  be held guilty in disloyalty if he conspires  with the rebels. However, he is guilty of rebellion  and not mere disloyalty. ART 138 | INCITING TO REBELLION OR INSURRECTION Provision: Article 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. (Reinstated by E.O. No. 187). Related Provision: Article 17.  Principals.  - The following are considered principals: 1. Those who take a direct part in the execution of the act; 2. Those who directly force or induce others to commit it; 3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished. Elements: 1.   That the offender does NOT take arms or is NOT in open hostility with 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. Commentary:    The offender shall incite others to rise publicly and take arms against the government for any purposes of rebellion.    The person being incited or to whom the commission of the offense is being  proposed should NOT ‘actually’ commit the crime.  
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