Valor Actual Neto (VAN)

Art. 134:Rebellion, Coup d’etat, Sedition, and Disloyalty

Rebellion or Insurrection

Rebellion – the object of the movement is to overthrow and supersede the existing government.

Insurrection – it refers to a movement which seeks merely to effect some change of minor importance, or to prevent the exercise of governmental authority with respect to particular matters or subjects.

• ELEMENTS: 1. That there be:

a. public uprising; and

b. taking arms against the government

2. That the purpose of the uprising or movement is either

a. to remove from the allegiance to said Government or its laws 1) the territory of the Philippines or any part thereof; or 2) 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.

• Actual clash of arms with the forces of the Government is not necessary; it is sufficient that the purpose of the uprising must be shown although it was not accomplished.

• Rebellion v. Treason

Rebellion always involves taking up arms against the government, giving aid and comfort is not criminal in rebellion; Treason may be committed by mere adherence to the enemy giving them aid or comfort.

• Rebellion v. Subversion

Subversion is a crime against national security; Rebellion is a crime against public order.

• Levying war against the government during peacetime for any of the purposes mentioned in Art. 134 (Coup d’etat) is Rebellion.

COUP D’ETAT How committed:

• It 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,

- communication networks, - public utilities or

- other facilities needed for the exercise and continued possession of power. • Singly or simultaneously carried out anywhere in the Philippines

- belonging to the military or police, or - holding any public office or employment • With or without civilian support or participation, • For the purpose of: seizing or diminishing state power.

Art. 135: Penalty for Rebellion, Insurrection or Coup d’etat

Who are Liable: A. The leaders:

1.

Any person who (a) promotes (b) maintains, or (c) heads a rebellion or insurrection.

2. Any person who (a) leads, (b) directs, or (c) commands others to undertake coup d’etat;

B. The participants:

1. Any person who (a) participates or (b) executes the commands of others in rebellion, insurrection or coup d’etat;

2. 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.

• Public officer must take active part, to be liable; mere silence or omission is not punishable in rebellion.

•

When 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 issue in their name, or performed similar acts, on behalf of the rebels, shall be deemed a leader of such rebellion, insurrection or coup d’etat.

• Rebellion cannot be complexed with other common crimes on the occasion thereof, either as a means to its commission or as an intended effect of an activity that constitutes rebellion.

Art. 136: CONSPIRACY AND PROPOSAL TO COMMIT COUP D’ETAT, REBELLION

OR INSURRECTION.

1.

There is Conspiracy when:

2.

two or more persons come to an agreement to commit coup d’etat or rebellion as the case may be, and Decide to commit it.

There is Proposal when:

1. There is a person was decided to commit the crime of coup d’etat or rebellion as the case may be, and

2.

Proposes its execution to some other person.

• This is an instance where the law punishes preparatory acts.

Art. 137: DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES

Acts of disloyalties which are punished:

1. Failing to resist a rebellion by all the means in their power; or

2. Continuing to discharge the duties of their offices under the control of the rebels; or 3. Accepting appointment to office under them.

• This act presupposes the presence of rebellion by other persons.

• The offender must not be in conspiracy with the rebels. Otherwise, his crime is the same as that of his co-conspirators.

Art. 138: INCITING TO REBELLION OR INSURRECTION

• ELEMENTS:

1. That the offender does not take arms or is not in open hostility against 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.

• Rebellion should not be committed.

Art.139: SEDITION

• ELEMENTS:

1. That the offenders rise (a) publicly and (b) tumultuously;

2. That they employ force, intimidation or other means outside of the legal methods; 3. That the offenders employ any of those means to attain any of the following objects:

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 therefrom 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; and

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. • Public Uprising and an object of sedition must concur.

• Common crimes are not absorbed in sedition. • Treason v. Sedition

Treason is the violation by a subject of his allegiance to his sovereign, Sedition is the raising of commotion or disturbances in the state. Persons Liable:

1. The leader of the sedition

2. Other persons participating in the sedition

Art. 141: CONSPIRACY TO COMMIT SEDITION

• Only conspiracy to commit sedition is punishable, and not proposal to commit sedition.

Art.. 142: INCITING TO SEDITION

Punishable Acts:

1. Inciting others to the accomplishment of any of the acts of sedition, by means of speeches, proclamations, writings, emblems, etc.

• The essence is the inciting of the people to rise publicly and tumultuously. It is the use of words, emblems…etc. and not the performance of the act of sedition, which is punished in inciting to sedition.

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

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

•

Actual disturbance or disorder is NOT necessary to inciting to sedition.

•

Inciting to sedition to accomplish any of its objects; Elements:

1.

That the offender does NOT take direct part in the crime of sedition.

2.

That he incites others to the accomplishment of any of the act which constitutes sedition.

3. That the inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end.

• Uttering seditious words or speeches and writing and publishing or circulating scurrilous libels are 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, the safety and order of the Government.

•

There are 2 rules relative to seditious words: 1. The Clear and Present Danger Rule

- The words must be of such nature that by uttering them there is a danger of a public uprising and that such danger should be both clear and imminent. 2. The Dangerous Tendency Rule

- There is inciting to sedition when the words uttered or published could easily produce disaffection among the people and a state of feeling in them incompatible with a disposition to remain loyal to the Government and obedient to the laws.

CHAPTER II

CRIMES AGAINST POPULAR REPRESENTATION

Art. 143: ACTS TENDING TO PREVENT THE MEETING OF THE ASSEMBLY AND

SIMILAR BODIES

Elements: 1. That there be

a. a projected meeting or actual meeting,

b. of the National Assembly or any of its committees or subcommittees, constitutional commissions or committees or divisions, or of any provincial board or city or municipal council or board.

2.

That the offender who may be any person PREVENTS such meeting by force or fraud.

Art. 144: DISTURBANCE OF PROCEEDINGS

Elements:

1. That there be a meeting of the Congress or any of its committees or subcommittees, Constitutional Commissions or committees, or any provincial board or city or municipal council or board.

2. That 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 it.

• One who disturbs the proceedings of the Congress, may also be punished for contempt by the Congress.

Art. 145: Violation OF PARLIAMENTARY IMMUNITY

Punishable Acts:

1. Using force, intimidation, threats, or fraud to prevent any member of Congress from; a. Attending any meetings of the Congress or any of its committees or

subcommittees, Constitutional Commissions or committees or divisions; or b. Expressing his opinions; or

c. Casting his vote

2. Arresting or searching any member while the Congress is in regular session or special session, except in case such member has committed a crime punishable under the Code by a penalty of Prision Mayor or higher.

Chapter III

In document UNIVERSIDAD NACIONAL AGRARIA LA MOLINA (página 92-0)