MECANISMO DE DETERMINACIÓN DE NIVELES DE SERVICIOS

and their Penalties

Rebellion or Insurrection 1. Leaders – reclusion perpetua

a. any person who i. promotes; ii. maintains; or

iii. heads a rebellion or insurrection

2. Participants – reclusion temporal a. Any person who

i. participates; or

ii. executes the commands of others in rebellion or insurrection

3. Deemed Leader – reclusion perpetua Coup d‟etat

1. Leaders – reclusion perpetua a. any person who

i. leads;

ii. in any manner directs; or

iii. commands others to undertake coup d‘etat 2. Participants (gov‟t)– reclusion temporal

a. any person in the gov‘t service who i. participates; or

ii. executes directions or commands of others in undertaking coup d‘etat

3. Participants (not gov‟t)– prision mayor a. any person not in the gov.t service who

i. participates; ii. supports; iii. finances; iv. abets; or

v. aids in undertaking a coup d‘etat

4. Deemed Leader – reclusion perpetua

Who shall be deemed the leader of the rebellion, insurrection or coup d‟etat in case he is unknown?

Any person who in fact 1. directed the others, 2. spoke for them,

3. signed receipts and other documents issued in their name, or

4. performed similar acts, on behalf of the rebels Related Crimes

Article 136. Conspiracy and Proposal to Commit Coup d' etat, Rebellion or Insurrection

Conspiracy to commit rebellion Elements

1. Two or more persons come to an agreement to rise publicly and take arms against the government;

2. for any of the purposes of rebellion; and 3. they decide to commit it

Proposal to commit rebellion. Elements

1. a person who has decided to rise publicly and take arms against the government;

2. for any of the purposes of rebellion; and

3. proposes its execution to some other person or persons

 The penalty is higher if it relates to coup d ‗etat  Organizing a group of soldiers, soliciting

membership in, and soliciting funds for the organization show conspiracy to overthrow the gov‘t

 The mere fact of giving and rendering speeches favoring Communism would not make the accused guilty of conspiracy if there is no evidence that the hearers then and there agreed to rise up in arms against the gov‘t

 The advocacy of Communism or Communistic theory is not a criminal act of conspiracy unless converted into advocacy of action

 Only when the Communist advocates action and actual uprising, war or otherwise, does he become guilty of conspiracy to commit rebellion (PP vs. Hernandez)

Article 137. Disloyalty of Public Officers or Employees

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Acts punished

1. By failing to resist a rebellion by all the means in their power (Suppose they are outnumbered and out armed such that resistance is futile?);

2. By continuing to discharge the duties of their offices under the control of the rebels (This gives a semblance of support to the rebels); or

3. By accepting appointment to office under rebels.  Offender must be a public officer or employee.  There must be actual rebellion for this crime to be

committed.

 It must not be committed in conspiracy with rebels or coup plotters for this crime to be committed.  If position is accepted in order to protect the

people, not covered by this article.

Article 138. Inciting to Rebellion or Insurrection Elements

1. Offender does not take arms or is not in open hostility against the government;

2. He incites others to the execution of any of the acts of rebellion;

3. The inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end.(public means)

 To incite is to stir up, to agitate, to encourage. The words of incitement should have been premeditated and not just spontaneous outbursts else it constitutes merely tumultuous disturbance.  There is no inciting to coup d „etat.

 If rebellion is actually committed, the inciter becomes a principal by inducement. The inciter should not have taken up arms otherwise he is a participant in rebellion and the inciting is just part of the rebellion.

 There is no misprision of rebellion or coup d etat

 Inciting must have been intentionally calculated to seduce others to rebellion

Proposal to Commit Rebellion

(136)

Inciting to Rebellion (138)

In both, the offender induces another to commit rebellion

In both, the crime of rebellion should not be committed by the persons to whom it is proposed or who are incited

If they commit rebellion because of the proposal or inciting, the proponent or the one inciting may become a principal by inducement in the crime of rebellion

The person who proposes has decided to commit rebellion

It is not required that the offender has decided to commit rebellion

The person who

proposes the

execution of the crime uses secret means

The act of inciting is done publicly

Article 139. Sedition Concept

This consist of making disturbances, commotions, or resorting to acts of violence or destruction, or violation of public peace and order, for the purpose of expressing discontent, disagreement, disapproval, opposition, criticism to: (i) a government policy, program or course of action, (ii) or to a law, rule or regulation or (iii) to a government official or his official action or (iv) to members of a social class.

Sedition is the raising of commotions or disturbances in the State. Its ultimate objects is a violation of the public peace or at least such a course of measures as evidently engenders it (PP vs. Perez)

 Basically this is in the nature of a civil disobedience. The accused desire to make known their discontent, disapproval or protest or dissatisfaction, but instead of availing of the legal means - such as through the media, the courts, or administrative remedies, the accused resort to violence or illegal methods.

Examples

1). The act of supporters of an official who block and take over a government building to prevent the replacement of said official

2). Market vendors who fight with personnel of the engineer‘s office demolishing their illegal structures in the city market

3). Barricading session road to protest increase in passenger fares

 The purpose may either be political or social but not the downfall or overthrow of the government. The accused are not rebelling against the government.

Examples:

to protest the increase in oil prices or the policy on land reform; or against the increase of new taxes; or appointment of an official; or cheating in the election

Elements

1. Offenders rise a. publicly; and b. tumultuously;

2. Offenders employ force, intimidation, or other means outside of legal methods;

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a. To prevent the promulgation or execution of

any law or the holding of any popular election; b. To prevent the national government or any provincial or municipal government, or any public officer from freely exercising its or his functions or prevent the execution of an 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 classes;

e. To despoil for any political or social end, any person, municipality or province, or the national government of all its property or any part thereof.

 TUMULTUOUS – if caused by more than 3 persons who are armed or provided with the means of violence.

 The acts maybe directed to private persons or their property, or to public officials or to property of any political subdivision.

Examples:

1. Staging a violent demonstration in front of the SM building to protest the failure to protect small and medium scale businessmen.

2. Destroying the trucks of illegal loggers.

3. Vendors stoning the car of the chief of police for preventing them form selling in side walks  If other crimes are committed, such as killings,

physical injuries, or destruction of properties, these are separate crimes as the principle of absorption does not apply to the crime of sedition. Common crimes are not absorbed in sedition (PP vs. Umali)

 Preventing election through legal means is NOT sedition

 If the purpose of the offenders is to attain the objects of rebellion or sedition by force or violence, but there is no public uprising, the crime committed is direct assault

Sedition vs Treason

Sedition, in its more general sense, is the raising of commotions or disturbances in the State. While treason, in its more general sense, is the violation by a subject of his allegiance to his sovereign.

Article 140. Penalty for Sedition Persons liable

1. The leader of the sedition; and

2. Other person participating in the sedition.

Article 141. Conspiracy to Commit Sedition In this crime, there must be an agreement and a decision to rise publicly and tumultuously to attain any of the objects of sedition.

 There is conspiracy to commit sedition but no proposal to commit sedition

Article 142. Inciting to Sedition Acts punished (3 ways of inciting to sedition) 1. Inciting others to the accomplishment of any of the

acts which constitute sedition by means of speeches, proclamations, writings, emblems, etc. (The enumeration is broad enough to cover any means methods or form by which people are stirred to commit acts constituting sedition. These include text messages and graffiti on walls as well as dramas, radio/television plays or programs) Elements

1. 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; and 3. Inciting is done by means of speeches,

proclamations, writings, emblems, cartoons, banners, or other representations tending towards the same end.

2. Uttering seditious words or speeches which tend to disturb the public peace

(A guest speaker for instance in a town fiesta starts lambasting the administration with words calculated to make the people get angry);

3. Writing, publishing, or circulating scurrilous libels against the government or any of the duly constituted authorities thereof, which tend to disturb the public peace.

―scurrilous‖ means low, vulgar, foul, baseless, mean, libelous

―Doctrine of Seditious Libel‖- publications or speeches which tend to overthrow or undermine the security of the government or weaken the confidence of the people in the government. They tend to stir up general discontent or induce the people to resort to illegal means.

Note that the Doctrine of Seditious Libel is one of the four crimes serving as limitations to the freedom of the speech and of the press. The other three are Prosecutions under Article 154 for Unlawful Means of Publication; Obscenity Raps

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under Article 201 and a Prosecution for Libel

against a private person under Article 353.

Uttering and Writing (acts Nos 2 and 3), When Punishable

1. when they tend to disturb or obstruct any public officer in executing the functions of his office; or 2. when they tend to instigate others to cabal and

meet together for unlawful purposes; or

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 gov‘t.

4 Aspects of Freedom of Speech (Chavez v Gonzales, 545 S 441)

1. Freedom from Prior Restraint – prior to actual

In document BASES DE LICITACIÓN PROGRAMA DE CONCESIONES DE INFRAESTRUCTURA HOSPITALARIA HOSPITAL DE MAIPÚ HOSPITAL DE LA FLORIDA (página 111-119)