III.
CRIMES AGAINST PUBLIC ORDER (FIRST PART)
REBELLION
1. There is a public uprising and taking arms against the government.
2. The purpose of the uprising or movement is:
a. To remove from the allegiance to the government or its laws Philippine
territory or any part thereof, or 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 or prerogatives.
REBELLION V. TREASON
1. In treason, the offender levies war against the government in adherence to
an enemy while in rebellion, the offenders engage war against the forces of
government without adherence to the enemy
2. In treason, it includes giving aid and comfort in adherence to the enemy,
while giving aid and comfort in adherence to rebels is not rebellion unless
there is conspiracy;
3. In treason, intent to betray the government by adherence to the enemy is
required while the intention of the rebels in rising publicly and taking up arms is
to remove the allegiance to the government and its laws from territory of the
Philippines or part thereof or armed forces, or to deprive executive or
legislative power;
4. Treason can only be committed by Filipino Citizens or resident alien while
rebellion can be committed by any person;
5. Treason is a war crime while rebellion can be committed in times of war or
peace;
6. Treason is subject of the extraterritoriality rule while rebellion is governed by
the territoriality principle;
DOCTRINE OF ABSORPTION
- Crimes committed in furtherance of rebellion are deemed absorbed in
one single crime of rebellion. Direct assault, murder, homicide, arson,
robbery and kidnapping, just to name a few, are absorbed in the crime
of rebellion if committed in furtherance of rebellion.
- It cannot be made a basis of a separate charge. Murder committed in
furtherance of the crime of rebellion is stripped of its common
complexion and is absorbed in the crime of rebellion. (people v.
Hernandez, GR Nos. L-6025-26, July 18,1956, People v. Geronimo, GR No.
L-8936, October 23,1956; Lagman v. Medeldea, GR No. 231658, July
4,2017)
COUP D’ ETAT
1. Offender is a person or group of persons belonging to the military or police
or holding any public office or employment;
2. It is committed by means of a swift attack accompanied by. Violence,
intimidation, threat, strategy, or stealth;
3. 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. The purpose of the attack is to seize or diminish the state power.
The penalty for coup d’ etat committed by a leader is graver. If the
leader is unknown, any person who in fact directed the others, spoke for
them, signed receipts and other documents issued in their name, or
performed similar acts, on behalf of the group shall be deemed the
leader of the said coup d’etat.
REBELLION v. COUP D’ETAT
1. The criminal act in rebellion is public uprising and taking up arms, while in
coup d’etat is a swift attack by means of violence, intimidation, threat,
strategy or stealth against the duly constituted authorities or facilities needed
for the continued and exercise of power;
2. The purpose of rebellion is the removal of the Philippine territory or part
thereof or armed forces from the allegiance to the government and its laws or
deprivation of executive or legislative powers or privileges; while that of coup
d’etat is seizure or diminution of state power;
3. The offenders in coup d’etat are military officers, police officers and public
officers , however, this crime can be committed with or without the
participation of civilians.
DOCTRINE OF ABSORPTION
- This doctrine in Hernandez is applicable to coup d’etat for being a
political crime because the purpose of coup plotter is to seize or
diminish state power. (Gonzales v. Abaya, GR No. 164007, August
8,2006, concurring opinion by Justice Callejo)
SEDITION
1. Offenders rise publicly and tumultuously
2. Offenders employ force, intimidation or other means outside of legal
methods;
3. The purpose of such are:
a. To prevent the promulgation 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 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.
INCITING TO REBELLION
Article 138
- Inciting to rebellion or insurrection is committed by any person who,
without taking arms or being in open hostility against the Government
(or without taking a direct part in rebellion), incites others to committed
rebellion or insurrection by means of speeches, proclamations, writings,
emblems, banners or other representations tending to the same end.
INCITING TO SEDITION
1. Inciting others to commit sedition, by means of speeches, proclamations,
writings, emblems, banners, cartoons, or other representations tending to the
same end;
2. Uttering seditious words or speeches; or writing, publishing, or circulation
scurrilous libels against the Government or any of the duly constituted
authorities thereof which:
a. Tend to disturb or obstruct any lawful officer in executing the functions
of his office;
b. Tend to instigate others to cabal or meet together for unlawful purposes;
c. Suggest or incite rebellious conspiracies or riots;
d. Tend or lead to stir up the people against the lawful authorities; or
e. Tend or lead to disturb the peace of the community; the safety and
order of the government;
f. Knowingly conceals such evil practices.
UNLAWFUL UTTERANCE
- Committed by any person, who encourages disobedience to the law or
to the constituted authorities or praises, justifies, or extols any act
punished by law by words, utterances or speeches.
LAW ON LOOSE FIREARM
RA No. 10591
Sections 1 and 2 of PD No. 1866 as amended by RA No. 8294 punished crimes
involving unlicensed firearm. However, Section 45 of RA No. 10591 has
expressly repealed Section 1 and 2 of PD No. 1866. RA No. 10591 is now
governing law on crimes involving loose firearm.
1. Loose Firearm- The concept of loose firearm under RA No. 10591 is broader
than that of unlicensed firearm under the old law or PD No. 1866. Under
Section 3, of RA No. 10591, loose firearm refers to an unregistered firearm, an
obliterated or altered firearm, firearm which has been lost or stolen, illegally
manufactured firearms, registered firearms in the possession of an individual
other than the license and those with revoked licenses in accordance with the
rules and regulations.
An imitation firearm used in the commission of a crime shall be considered a
real firearm (Section 35, RA 10591). If the offender uses imitation firearm in
committing robbery, he shall be prosecuted for robbery with special
aggravating circumstance of using loose firearm.
2. Possession of Loose Firearm and other Crime – The unlawful acquisition,
possession of loose firearms and ammunition is a crime. (Section 29, RA 10591).
Further even though the firearm is not loose, carrying registered firearm outside
his residence without any legal authority therefor is also punishable under the
law. More so, manufacture, importation, sale, disposition of firearm or
ammunition, or major part of a firearms or ammunition is also liable.
3. Commission of other Crime- If a felony or offense was committed by a
person without using the loose firearm, possession of loose firearm shall be
considered as a distinct and separate offense. Conversely, if a crime is
committed by the person with the use of loose firearm, illegal possession of
loose firearm is not a distinct and separate offense. In such a case, the
offender shall be prosecuted only for that crime while using loose firearm shall
be considered as a special aggravating circumstance, or a qualifying special
circumstance.
4. Aggravating Circumstance- If a loose firearm was used in committing
robbery or homicide, the accused cannot be convicted of a complex crime
of robbery with possession of loose firearm or complex crime of homicide with
possession of loose firearm. Settled is the rule that possession of loose firearm
shall not be considered as an offense distinct and separate from these crimes
but this will serve as an aggravating circumstance of using loose firearm.
LAW ON EXPLOSIVES
PD NO. 1866 as amended by RA No. 9516
1. Crime involving explosives- Sections 3 and 3-A of PD No. 1866 punished any
person who shall willfully and unlawfully manufacture, assemble, deal in,
acquire, dispose, import or possess any explosive or incendiary device, with
knowledge of its existence and its explosive or incendiary character, or any
part, ingredient, machinery, tool or instrument thereof any explosive or
incendiary device used or intended to be used by that person for tis
manufacture, construction, assembly, delivery or detonation.
2. Presumed Knowledge- Mere possession of any explosive or incendiary
device shall be prima facie evidence that the person had knowledge of the
existence of the explosive or incendiary character of the device.
3. Animus Possedendi- The court may determine the absence of animus
possidendi, in accordance with the facts and circumstance of each case and
the application of other pertinent laws, among other things. A temporary,
incidental, casual, harmless, or transient possession or control of any explosive
or incendiary device, without the knowledge of its existence or its explosive or
incendiary character or for the sole purpose of surrendering it to proper
authorities is not punishable. (Section 3, PD No. 1866).
