Module 2.3: Crimes Against Public Order

1. Learning Objectives

Understand the legal definitions and elements of key crimes against public order, including rebellion, sedition, assault, and illegal assemblies.
Differentiate between related offenses such as rebellion, sedition, and coup d'etat, and identify their specific political motivations and purposes.
Identify the persons criminally liable for these offenses, including public officers and private individuals, and understand the concept of "persons in authority" and their agents.
Analyze the "absorption doctrine" (Hernandez doctrine) and its application in cases of rebellion, where common crimes are absorbed into the primary political offense.
Apply knowledge to practical scenarios through multiple-choice questions, preparing for the Criminology Licensure Exam.

2. REBELLION, SEDITION, AND RELATED OFFENSES (Art. 134-142)

A. REBELLION OR INSURRECTION (Art. 134)

Definition and Purpose: 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, or of depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives. The core of this crime is its political motivation—to overthrow the existing government or subvert its authority.
Elements:
1. That there be a public uprising and taking of arms against the Government.
2. That the purpose of the uprising is either:
  - To remove allegiance to the Government or its laws from a part of Philippine territory or a body of armed forces.
  - To deprive the President or Congress of their powers.
Absorption Doctrine (Hernandez Doctrine): Established in People v. Hernandez, this doctrine states that common crimes like murder, arson, and robbery, when committed in furtherance of rebellion, are absorbed into the single crime of rebellion. The political nature of the offense is paramount, and it cannot be broken down into separate common crimes.
Penalty: The leader of a rebellion shall suffer the penalty of reclusion perpetua. Any person who promotes, maintains, or heads a rebellion shall suffer the penalty of reclusion temporal. Any person who participates or executes the commands of others in a rebellion shall suffer the penalty of prision mayor.

B. CONSPIRACY AND PROPOSAL TO COMMIT REBELLION (Art. 136)

Conspiracy: When two or more persons come to an agreement to rise publicly and take arms against the Government for the purposes of rebellion and decide to commit it.
Proposal: When a person who has decided to commit rebellion proposes its execution to some other person or persons.
Note: Both conspiracy and proposal to commit rebellion are punishable, which is an exception to the general rule that conspiracy and proposal are not punishable unless the law specifically provides a penalty therefor.

C. DISLOYALTY OF PUBLIC OFFICERS (Art. 137)

This crime is committed by public officers or employees who, by failing to resist a rebellion or by discharging their duties in a manner that favors the rebels, show disloyalty to the government.

D. INCITING TO REBELLION (Art. 138)

This crime is committed by 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 of rebellion, by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end.

E. SEDITION (Art. 139)

Definition: Sedition is the raising of a commotion or disturbance in the State. It is committed by persons who rise publicly and tumultuously in order to attain by force, intimidation, or by other means outside of legal methods, any of the objectives listed below.
Distinction from Rebellion:
- Purpose: Rebellion seeks to overthrow the government. Sedition aims to disrupt public order or prevent the government from functioning freely, but without the intent of overthrowing it.
- Nature: Rebellion is a crime against national security. Sedition is a crime against public order.
Five Purposes of Sedition:
1. To prevent the promulgation or execution of any law or the holding of any popular election.
2. To prevent the National Government, or any provincial or municipal government, from freely exercising its functions.
3. To inflict any act of hate or revenge upon the person or property of any public officer or employee.
4. To commit, for any political or social end, any act of hate or revenge against private persons or any social class.
5. 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.

F. CONSPIRACY TO COMMIT SEDITION (Art. 141)

This is committed when two or more persons come to an agreement to commit sedition and decide to commit it.

G. INCITING TO SEDITION (Art. 142)

This is committed by any person who, without taking any direct part in the crime of sedition, should incite others to the accomplishment of any of the acts which constitute sedition, by means of speeches, proclamations, writings, emblems, etc.

3. CRIMES AGAINST POPULAR REPRESENTATION (Art. 143-145)

A. Acts tending to prevent the meeting of the National Assembly and similar bodies (Art. 143)

This crime is committed by any person who, by force or fraud, prevents the meeting of Congress or of any of its committees.

B. Disturbance of proceedings (Art. 144)

This is committed by any person who disturbs the meetings of Congress or who behaves in such a manner as to interrupt its proceedings or to impair the respect due it.

C. Violation of parliamentary immunity (Art. 145)

This crime is committed by any person who shall use force, intimidation, threats, or fraud to prevent any member of Congress from attending the meetings, from expressing his opinions or casting his vote.

4. ILLEGAL ASSEMBLIES AND ASSOCIATIONS (Art. 146-147)

Illegal Assembly (Art. 146): A meeting of a group of people for the purpose of committing any of the crimes punishable under the Revised Penal Code, or a meeting where the audience is incited to the commission of treason, rebellion, sedition, or assault.
Illegal Association (Art. 147): An association totally or partially organized for the purpose of committing any of the crimes punishable under the RPC or for some purpose contrary to public morals.

5. DIRECT ASSAULT (Art. 148)

Two Ways of Committing:
1. Without a public uprising, by employing force or intimidation for the attainment of any of the purposes of rebellion and sedition.
2. Without a public uprising, by attacking, employing force, or by seriously intimidating or resisting any person in authority or his agent, while engaged in the performance of official duties, or on occasion of such performance.
Elements:
- First Form: (1) Offender employs force or intimidation, (2) the aim is to attain any of the purposes of rebellion/sedition, (3) there is no public uprising.
- Second Form: (1) Offender attacks, uses force, or seriously intimidates/resists, (2) the offended party is a person in authority or his agent, (3) the person in authority or his agent is engaged in the performance of his official duties, or the assault is on occasion of such performance.
Who are Persons in Authority and Agents:
- Person in Authority: Any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board, or commission.
- Agent of a Person in Authority: Any person who, 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.

6. INDIRECT ASSAULT (Art. 149)

This crime is committed by any person who shall make use of force or intimidation upon any person coming to the aid of the authorities or their agents on occasion of the commission of the crimes of direct assault.

7. RESISTANCE AND DISOBEDIENCE (Art. 151)

This crime is committed by any person who shall resist or seriously disobey any person in authority, or the agents of such person, while engaged in the performance of official duties.
Distinction from Direct Assault:
- In direct assault, there is an attack, use of force, or serious intimidation.
- In resistance and disobedience, the force used is not as serious. It is a lesser degree of violence.

8. TUMULTS AND DISTURBANCES (Art. 153)

This article punishes the causing of any serious disturbance in a public place, office, or establishment, or interrupting or disturbing public performances, functions or gatherings, or peaceful meetings.

9. UNLAWFUL USE OF MEANS OF PUBLICATION (Art. 154)

This article punishes any person who by means of printing, lithography, or any other means of publication shall publish or cause to be published as news any false news which may endanger the public order, or cause damage to the interest or credit of the State.

10. ALARMS AND SCANDALS (Art. 155)

This article punishes any person who within any town or public place, shall discharge any firearm, rocket, firecracker, or other explosive calculated to cause alarm or danger; or shall instigate or take an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility.

11. Comparison Tables: Rebellion vs Sedition vs Coup d'Etat

Feature	REBELLION (Art. 134)	SEDITION (Art. 139)	COUP D'ETAT (Art. 134-A)
Purpose	To overthrow the government.	To disrupt public order or prevent the government from functioning, without overthrowing it.	A swift attack on state power, not necessarily by the populace.
Nature	Crime against National Security.	Crime against Public Order.	Crime against National Security.
Manner	Public uprising and taking up of arms.	Public and tumultuous uprising.	Swift attack accompanied by violence, intimidation, threat, strategy or stealth.
Offenders	Can be committed by any person.	Can be committed by any person.	Can be committed by a person or persons belonging to the military or police or holding any public office or employment.
Common Crimes	Absorbed (Hernandez Doctrine).	Not absorbed. They are separate crimes.	Common crimes are not absorbed.

12. 30 Multiple Choice Practice Questions

What is the primary motive in the crime of rebellion? a) Personal revenge b) Financial gain c) Political motive d) Religious extremism
Under the Hernandez Doctrine, which of the following is true? a) Rebellion is a complex crime. b) Common crimes are separate from rebellion. c) Rebellion absorbs common crimes committed in its furtherance. d) Rebellion is a continuing crime.
What is the penalty for a leader of a rebellion? a) Reclusion temporal b) Prision mayor c) Reclusion perpetua d) Destierro
Which of the following is NOT a purpose of sedition? a) To prevent the execution of a law. b) To overthrow the government. c) To inflict an act of hate on a public officer. d) To despoil a province of its property for a political end.
Which crime is committed by a person who, without taking arms, incites others to rebellion through speeches? a) Sedition b) Inciting to rebellion c) Conspiracy to commit rebellion d) Proposal to commit rebellion
Two or more persons agree to rise publicly and take arms against the government. They have committed: a) Rebellion b) Proposal to commit rebellion c) Conspiracy to commit rebellion d) Illegal assembly
A public officer who fails to resist a rebellion is liable for: a) Rebellion b) Sedition c) Disloyalty of public officers d) Dereliction of duty
What is the key difference between rebellion and sedition? a) The number of participants. b) The use of firearms. c) The purpose of the uprising. d) The location of the crime.
A group of people meet to plan the assassination of a governor. This is an example of: a) Illegal assembly b) Sedition c) Conspiracy to commit murder d) Illegal association
A person who attacks a police officer while the officer is making an arrest is guilty of: a) Resistance and disobedience b) Direct assault c) Indirect assault d) Physical injuries
Who is considered a person in authority? a) A police officer b) A barangay tanod c) A municipal mayor d) A public school teacher
A person who helps someone who is assaulting a police officer is liable for: a) Direct assault b) Indirect assault c) Accomplice to direct assault d) Frustrated direct assault
What distinguishes direct assault from resistance and disobedience? a) The rank of the officer. b) The degree of force used. c) The time of the offense. d) The presence of a weapon.
Causing a serious disturbance in a public place is punished as: a) Alarms and scandals b) Tumults and disturbances c) Sedition d) Public scandal
Publishing false news that endangers public order is a crime under which article? a) Art. 153 b) Art. 154 c) Art. 155 d) Art. 142
Firing a gun in a public place to cause alarm is an example of: a) Illegal discharge of firearm b) Alarms and scandals c) Public disturbance d) Grave threats
Which of the following is an act tending to prevent the meeting of Congress? a) Shouting inside the session hall. b) Barricading the entrance to the Batasang Pambansa. c) Publishing a libelous article against a senator. d) Holding a rally a kilometer away from Congress.
A swift attack on state power by members of the military or police is known as: a) Rebellion b) Sedition c) Coup d'etat d) Mutiny
In coup d'etat, are common crimes absorbed? a) Yes, similar to rebellion. b) No, they are treated as separate offenses. c) Only if committed by a civilian. d) It depends on the severity of the crime.
What is the element that must be present in both rebellion and sedition? a) Overthrowing the government. b) Public and tumultuous uprising. c) Political or social end. d) Use of firearms.
A teacher is considered a person in authority for purposes of direct assault. This statement is: a) True b) False c) True only in a school setting. d) False, a teacher is an agent of a person in authority.
A person incites a crowd to attack a police station. This is: a) Inciting to rebellion b) Inciting to sedition c) Direct assault d) Sedition proper
The crime of illegal association requires: a) A meeting of at least 4 persons. b) The commission of a crime. c) An organization with a purpose contrary to public morals. d) A public and tumultuous gathering.
A person who disobeys a lawful order of an agent of a person in authority, but without using force, is liable for: a) Direct assault b) Indirect assault c) Resistance and disobedience d) Contempt
The violation of parliamentary immunity is committed when a member of Congress is prevented from: a) Attending a party. b) Casting his vote. c) Going to his office. d) Speaking to the media.
Which of the following is NOT a social class for the purpose of sedition? a) The rich b) The poor c) The middle class d) All of the above are social classes.
A group of protesters who throw stones at the presidential palace to show their anger are committing: a) Rebellion b) Sedition c) Direct Assault d) Tumults and disturbances
Charivari, as mentioned in Art. 155, refers to: a) A mock serenade of discordant noises. b) A type of firecracker. c) A political speech. d) A form of public protest.
For a person to be liable for indirect assault, there must be a prior commission of: a) Rebellion b) Sedition c) Direct assault d) Resistance and disobedience
The crime of disloyalty of public officers is applicable only to: a) Elected officials b) Appointed officials c) Any public officer or employee d) Members of the police and military

Answer Key and Explanations

c) Political motive - Rebellion is an essentially political crime aimed at subverting government authority.
c) Rebellion absorbs common crimes committed in its furtherance - The Hernandez Doctrine holds that the political crime of rebellion is paramount and absorbs other offenses.
c) Reclusion perpetua - This is the penalty prescribed by the RPC for leaders of a rebellion.
b) To overthrow the government - This is the purpose of rebellion, not sedition.
b) Inciting to rebellion - This is the specific crime of inducing others to rebel without taking direct part.
c) Conspiracy to commit rebellion - The agreement and decision to commit rebellion constitutes conspiracy.
c) Disloyalty of public officers - This crime punishes public officers who are unfaithful to their duty during a rebellion.
c) The purpose of the uprising - Rebellion aims to overthrow the government, while sedition aims to disrupt public order.
a) Illegal assembly - A meeting for the purpose of committing a crime is an illegal assembly.
b) Direct assault - Attacking an agent of a person in authority in the performance of his duties is direct assault.
c) A municipal mayor - A mayor is directly vested with jurisdiction. Police officers are agents.
b) Indirect assault - Force used against a person aiding an agent of authority constitutes indirect assault.
b) The degree of force used - Direct assault involves a higher degree of force or violence than resistance and disobedience.
b) Tumults and disturbances - This article specifically punishes serious disturbances in public places.
b) Art. 154 - This article pertains to the unlawful use of means of publication and the spread of false news.
b) Alarms and scandals - The discharge of a firearm to cause alarm is a classic example of this crime.
b) Barricading the entrance to the Batasang Pambansa - This is a direct act of force to prevent the meeting of the national assembly.
c) Coup d'etat - This is the specific term for a swift attack on state power by members of the government, military or police.
b) No, they are treated as separate offenses - Unlike rebellion, common crimes are not absorbed in coup d'etat.
b) Public and tumultuous uprising - Both crimes require a public disturbance.
c) True only in a school setting - Teachers are considered persons in authority for purposes of direct assault, but only when on duty in a school setting.
b) Inciting to sedition - The act incites the crowd to attack a police station, which is an act of hate against public officers (a purpose of sedition).
c) An organization with a purpose contrary to public morals - This is the essence of an illegal association, as opposed to an illegal assembly which is a meeting.
c) Resistance and disobedience - This crime involves disobedience without the serious force or intimidation characteristic of direct assault.
b) Casting his vote - Preventing a member of Congress from performing his duties, such as voting, constitutes a violation of parliamentary immunity.
d) All of the above are social classes - For the purpose of sedition, any distinct group in society can be considered a social class.
b) Sedition - The act is one of hate or revenge against the person of the President (a public officer) for a political end.
a) A mock serenade of discordant noises - Charivari is a historical term for a noisy public demonstration.
c) Direct assault - Indirect assault is committed against a person coming to the aid of an authority figure who is being directly assaulted.
c) Any public officer or employee - The law does not distinguish between elected or appointed officials.