CRIMES AGAINST PUBLIC ORDER 1

ARTICLES 134-160, BOOK II, REVISED PENAL CODE OF THE PHILIPPINES

CHAPTER I Rebellion, Coup dtat, Sedition & Disloyalty
ART. 134Rebellion/Insurrection
Elements:
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 the Philippine
territory or any part thereof, or any body of
land, naval, or other armed forces; or
b. To deprive the President or Congress, wholly
or partially, of any of their powers or
prerogatives.
Rebellion
The object is to completely
overthrow and supplant the
existing government.

Insurrection
The object is to effect some
change of minor
importance, or to prevent
the exercise of
governmental authority
with respect to particular
matters or subjects

Note: Rebellion cannot be complexed with other crimes

committed in furtherance of rebellion. Rebellion absorbs
crimes committed in the occasion thereof, either as a means
to its commission or as an unintended effect of an activity that
constitutes rebellion. (Enrique vs. Salazar) All crimes
committed in furtherance of rebellion cannot be isolated and
charged as separate crimes themselves. (Ponce Enrile vs.
Amin)
ART. 134-ACoup dtat
Elements:
1. Offender is a person or 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 the 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 state
power.
Persons who may commit coup dtat
1. It may be committed singly or collectively
2. Requires as a principal offender a member of the AFP,
PNP, or a public officer with or without civilian
support.
ART. 135Penalty for Rebellion, Insurrection or Coup dtat
Persons liable for rebellion, insurrection or coup dtat:
1. The leaders:
a. Any person who promotes, maintains or
heads a rebellion or insurrection;
b. Any person who leads, directs or commands
others to undertake a coup dtat;
2. The participants:
a. Any person who participates or executes the
commands of others in rebellion or
insurrection;
b. Any person in the government service who
participates or executes directions or
commands of others in undertaking a coup
dtat;
c. Any person not in the government service
who participates, supports, finances, abets
or aids in undertaking a coup dtat.
If under the command of unknown leaders, any person
who directed the others, spoke for them, signed receipts
and other documents issued in their name on behalf of
the rebels shall be deemed a leader.
ART. 136Conspiracy and Proposal to Commit Coup dtat,
Rebellion or Insurrection
Mode 1: Conspiracy to commit coup dtat, rebellion or
insurrection
Elements:
Two or more persons come to an agreement to
swiftly attack or to rise publicly and take arms against
the Government for any of the purposes of rebellion
or insurrection;
They decide to commit it.

References:
1. Reyes, Revised Penal Code
2. Boado, Comprehensive Reviewer in Criminal Law
3. 2012 UP Law Bar Reviewer in Criminal Law
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Mode 2: Proposal to commit coup dtat, rebellion or

insurrection
Elements:
1. A person has decided to swiftly attack or to rise
publicly and take arms against the Government for
any of the purposes of rebellion or insurrection;
2. Such person proposes its execution to some other
person or persons.
ART. 137Disloyalty of Public Officers or Employees
Elements:
1. Offender is a public officer or employee;
2. Offender commits any of the following acts:
a. Failing to resist a rebellion by all the means
in their power;
b. Continuing to discharge the duties of their
offices under the control of the rebels;
c. Accepting appointment to office under them.
Note: The crime presupposes rebellion committed by other
persons. Offender must NOT be in conspiracy with the rebels.
If offender is in conspiracy with rebels, public offer is himself
guilty of rebellion.
ART. 138Inciting 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.
Proposal to Commit
Inciting to Rebellion
Rebellion
The offender induces another to commit rebellion.
Rebellion should not actually be committed by the persons
to whom it is proposed or who are incited. Otherwise, they
become principals by inducement in the crime of rebellion.
The person who proposes There is no need that the
has decided to commit offender has decided to
rebellion.
commit rebellion.
The person who proposes
The act of inciting is done
the execution of the crime
publicly.
uses secret means.
ART. 139Sedition
Elements:
1. Offenders rise publicly and tumultuously;
2. Offenders employ force, intimidation, or other means
outside of legal methods;
3. Purpose is to attain any of the following:

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 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 class;
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 three persons who are
armed or provided with the means of violence.
Note:
a. The purpose of the crime is not the overthrowing of
the government but the violation of public peace.
b. Under R.A. 8294, sedition absorbs the use of
unlicensed firearm as an element thereof. The
offender can no longer be prosecuted for illegal
possession of firearm.
Sedition
The public uprising is
tumultuous
The purpose may be
political or social
Common crimes committed
in the occasion of sedition
are to be appreciated as
separate crimes. (People vs.
Cabrera)
Sedition
There is no distinction as to
who may commit. A private
individual may commit the
offense.
Primary purpose is to
disturb public peace.

Rebellion
There must be taking up of
arms against the
government.
The purpose is always
political
Crimes committed as a
means of or as an
unintended effect are
absorbed and cannot be
isolated and charged as
separate crimes.
Coup dtat
Offender belongs to the
military or police or holding
any public office or
employment.
Purpose is to seize or
diminish state power.

ART. 140Persons Liable for Sedition

1. The leader of the sedition;
2. Other persons participating in the sedition.

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ART. 141Conspiracy to Commit Sedition

Elements:
1. Two or more persons come to an agreement and a
decision to rise publicly and tumultuously to attain
any of the objects of sedition;
2. They decide to commit it.
ART. 142Inciting to Sedition
Mode 1: Inciting others to the accomplishment of any of the
acts which constitute sedition by means of speeches,
proclamations, writings, emblems, etc.
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 by means of speeches,
proclamations, writings, emblems, cartoons, banners,
or other representations tending towards the same
end.
Mode 2: Uttering seditious words or speeches which tend to
disturb the public peace.
Mode 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.
Elements:
1. Offender does not take part in the crime of sedition;
2. He uttered words or speeches and writing, publishing
or circulating scurrilous libels and that
a. Tend to disturb or obstruct any lawful officer
in conducting the functions of his office;
b. Tend to instigate others to cabal and meet
together for unlawful purposes;
c. Suggest or incite rebellious conspiracies or
riots; or
d. 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
government.
Note: Considering that the objective of sedition is to express
protest against the government and in the process creating
hate against public officers, any act that will generate hatred
against the government or a public officer concerned or a
social class may amount to inciting to sedition.
CHAPTER II Crimes Against Popular Representation
ART. 143Acts Tending to Prevent the Meeting of the
Congress of the Philippines and Similar Bodies
Elements:
1. There is a projected or actual meeting of Congress or
any of its committees or subcommittees,

constitutional committees or divisions thereof, or any

provincial board or city or municipal council or board;
2. Offender, who may be any person, prevents such
meetings by force or fraud.
ART. 144Disturbance of Proceedings
Elements:
1. There is a meeting of Congress or any of its
committees or subcommittees, constitutional
committees or divisions thereof, or any provincial
board or city or municipal council or board;
2. 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 a manner as to interrupt its
proceedings or to impair respect due it.
ART. 145Violation of Parliamentary Immunity
Mode 1: Using force, intimidation, threats, or frauds to prevent
any member of Congress from attending the meetings of
Congress or of any of its committees or subcommittees,
constitutional commissions or committees or divisions thereof,
or from expressing his opinion or casting his vote;
Elements:
1. Offender uses force, intimidation, threats or fraud;
2. The purpose of the offender is to prevent any
member of Congress from:
a. Attending the meetings of the Congress or of
any of its committees or constitutional
commissions;
b. Expressing his opinion;
c. Casting his vote.
Mode 2: Arresting or searching any member thereof while
Congress is in regular or special session, except in case such
member has committed a crime punishable under the Code by
a penalty higher than prision mayor.
Elements:
1. Offender is a public officer of employee;
2. He arrests or searches any member of Congress;
3. Congress, at the time of arrest or search, is in regular
or special session;
4. The member arrested or searched has not committed
a crime punishable under the Code by a penalty
higher than prision mayor.
Note: Under the 1987 Constitution, members of Congress
cannot be arrested for offenses punishable by a penalty less
than prision mayor (6 yrs and 1 day to 12 yrs), while Congress
is in session. They can be prosecuted after Congress adjourns.

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Chapter III Illegal Assemblies and Associations

ART. 146 - Illegal Assemblies
Mode 1: Any meeting attended by armed persons for the
purpose of committing any of the crimes punishable under the
Code.
Elements:
1. There is a meeting, a gathering or group of persons,
whether in a fixed place or moving;
2. The meeting is attended by armed persons;
3. The purpose of the meeting is to commit any of the
crimes punishable under the Code.
Mode 2: Any meeting in which the audience, whether armed
or not, is incited to the commission of the crime of treason,
rebellion or insurrection, sedition, or assault upon person in
authority or his agents.
Elements:
1. There is a meeting, a gathering or group of persons,
whether in a fixed place or moving;
2. The audience, whether armed or not, is incited to the
commission of the crime of treason, rebellion or
insurrection, sedition or direct assault.
Persons liable for illegal assembly:
1. The organizer or leaders of the meeting;
2. Persons merely present at the meeting, who must
have a common intent to commit the felony of illegal
assembly.
Presumptions if a person carried an unlicensed firearm:
1. The purpose of the meeting insofar as he is
concerned is to commit acts punishable under the
Revised Penal Code.
2. He is considered a leader or organizer of the meeting.
Note: Not all persons present at the meeting in Mode 1 of
illegal assembly must be armed.
ART. 147 - Illegal Associations
1. Associations totally or partially organized for the
purpose of committing any of the crimes punishable
under the Code;
2. Associations totally or partially organized for some
purpose contrary to public morals.
Persons liable for illegal associations:
1. Founders, directors and president of the association;
2. Mere members of the association.
Public Morals: matters which affect the interest of society and
public convenience, not limited to good customs.

Illegal Assembly
There must be an actual
meeting or assembly
What is punished are the
meeting and the attendance
therein
Persons liable:
1. Organizers
or
leaders of the
meeting
2. Persons present at
the meeting

Illegal Association
Actual
meeting
not
necessary
What is punished is the act
of forming or organizing the
association
Persons liable:
1. Founders,
directors, president
2. The members

Chapter IV - Assault upon and Resistance and Disobedience to,

Persons in Authority and Their Agents
ART. 148 Direct Assault
Mode 1. Without public uprising, by employing force or
intimidation for the attainment of any of the purposes
enumerated in defining the crimes of rebellion and sedition
Elements:
1. Offender employs force or intimidation;
2. The aim of the offender is to attain any of the
purposes of the crime of rebellion or any of the
objects of the crime of sedition;
3. There is no public uprising.
Mode 2. Without public uprising, by attacking, by employing
force or by seriously intimidating or by seriously resisting any
person in authority or any of his agents, while engaged in the
performance of official duties, or on occasion of such
performance.
Elements:
1. Offender makes an attack, employs force, makes a
serious intimidation, or makes a serious resistance;
2. The person assaulted is a person in authority or his
agent;
3. At the time of the assault, the person in authority or
his agent is engaged in the actual performance of
official duties, OR that he is assaulted by reason of the
past performance of official duties;
4. Offender knows that the one he is assaulting is a
person in authority or his agent in the exercise of his
duties.
5. There is no public uprising.
The first form of direct assault is tantamount to rebellion or
sedition, except that there is no pubic uprising.
Classifications of direct assault: simple and qualified.
Assault is qualified when:
1. There is a weapon employed in the attack
2. The offender is a public officer
3. The offender lays hands on a public authority
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Note:

When the assault results in the killing of that agent or

of a person in authority, the offense committed is
complex crime of direct assault with murder or
homicide. The only time when it is not complexed is
when material consequence is a light felony, that is,
slight physical injury. Direct assault absorbs the
lighter felony.
The force employed need not be serious when the
offended party is a person in authority;
Intimidation or resistance must be serious whether
the offended party is a person in authority OR an
agent of a person in authority
If the public officer is not a person in authority, the
assault on him is an aggravating circumstance.

ART. 152Persons in Authority and Agents of Persons in

Authority

Public Officer
Any person who
takes part in the
performance of
public functions
in the
government.

Note:

Persons 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.

Agents 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.

Teachers, lawyers and heads of schools recognized

by government are persons in authority only for
purposes of Art. 152 in relation to Arts. 148 and 151,
and in connection with their duties.
A person in authority includes a barangay chairman
and members of the Lupong Tagapagkasundo as
provided under the Local Government Code.

ART. 149Indirect Assault

Elements:
1. A person in authority or his agent is the victim of any
of the forms of direct assault defined in Article 148;
2. A person comes to the aid of such authority or his
agent;

3. Offender makes use of force or intimidation upon

such person coming to the aid of the authority or his
agent.
Note:

Indirect assault can only be committed when a

direct assault is also committed.
Art. 152 clothes any person who comes to the aid of
a person in authority with the fiction of an agent of a
person in authority.
Any assault on him on the occasion of his aiding a
person in authority or his agent is indirect assault.

ART. 150 Disobedience to Summons Issued by Congress, Its

Committees or Subcommittees, by the Constitutional
Commissions, Its Committees, Subcommittees or Divisions
Mode 1. By refusing, without legal excuse, to obey summons
of Congress, its special or standing committees and
subcommittees, the Constitutional Commissions and its
committees, subcommittees or divisions, or by any commission
or committee chairman or member authorized to summon
witnesses;
Mode 2. By refusing to be sworn or placed under affirmation
while being before such legislative or constitutional body or
official;
Mode 3. By refusing to answer any legal inquiry or to produce
any books, papers, documents, or records in his possession,
when required by them to do so in the exercise of their
functions;
Mode 4. By restraining another from attending as a witness in
such legislative or constitutional body;
Mode 5. By inducing disobedience to a summons or refusal to
be sworn by any such body or official.
ART. 151 Resistance and Disobedience to a Person in
Authority or the Agents of Such Persons
Mode 1: Resistance and serious disobedience
Elements:
1. A person in authority or his agent is engaged in the
performance of official duty or gives a lawful order to
the offender;
2. Offender resists or seriously disobeys such person in
authority or his agent;
3. The act of the offender is not included in the
provision of Articles 148, 149 and 150.
Mode 2: Simple disobedience
Elements:
1. An agent of a person in authority is engaged in the
performance of official duty or gives a lawful order to
the offender;
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2. Offender disobeys such agent of a person in

authority;
3. Such disobedience is not of a serious nature.

Note: The accused must have knowledge that the person

giving the order is a peace officer.
Serious Disobedience
Person in authority or his
agent must be in actual
performance of his duties

Committed only by resisting

or seriously disobeying a
person in authority or his
agent
Use of force is not so serious

Direct Assault
The person in authority or
his agent must be engaged
in the performance of
official duties or that he is
assaulted by reason thereof
Committed in four ways
(see Art. 148, Mode 2
above)

ART. 153Tumults and Other Disturbances of Public Order

Mode 1: Causing any serious disturbance in a public place,
office or establishment;
Mode 2: Interrupting or disturbing performances, functions or
gatherings, or peaceful meetings, if the act is not included in
Arts. 131 and 132;
Mode 3: Making any outcry tending to incite rebellion or
sedition in any meeting, association or public place;
Mode 4: Displaying placards or emblems which provoke a
disturbance of public order in such place;
Mode 5: Burying with pomp the body of a person who has
been legally executed.

ART. 154Unlawful Use of Means of Publication and Unlawful

Utterances
Mode 1. Publishing or causing to be published, by means of
printing, lithography or any other means of publication, as
news any false news which may endanger the public order, or
cause damage to the interest or credit of the State.
Mode 2. Encouraging disobedience to the law or to the
constituted authorities or praising, justifying or extolling any
act punished by law, by the same means or by words,
utterances or speeches;

There is force employed

Chapter V - Public Disorders

Note:

Definition of tumultuous: If caused by more than 3

persons who are armed or provided with the means
of violence
Definition of burying with pomp the body of a person:
ostentatious display of a burial

Serious disturbance must be planned or intended.

This article applies if the disturbance is not caused by
a public officer; or, if it is committed by a public
officer, he is a participant therein.
Definition of outcry: to shout subversive or
provocative words tending to stir up the people to
obtain by means of force or violence any of the
objects of rebellion or sedition.
If done unconsciously or without intent to incite the
listeners to rise to sedition or rebellion, this article
applies.
If done with intent to commit rebellion or sedition:
The crime is inciting to rebellion or sedition.

Mode 3: Maliciously publishing or causing to be published any

official document or resolution without proper authority, or
before they have been published officially
Mode 4: Printing, publishing or distributing (or causing the
same) books, pamphlets, periodicals, or leaflets which do not
bear the real printers name, or which are classified as
anonymous.
Note:

To be liable, the offender must know that the news is

false.
Actual public disorder or actual damage to the credit
of the State is not necessary.

ART. 155Alarms and Scandals

Mode 1: Discharging any firearm, rocket, firecracker, or other
explosive within any town or public place, calculated to cause
(which produces) alarm or danger;
Mode 2: Instigating or taking an active part in any charivari or
other disorderly meeting offensive to another or prejudicial to
public tranquility;
Mode 3: Disturbing the public peace while wandering about at
night or while engaged in any other nocturnal amusements;
Mode 4: Causing any disturbances or scandal in public places
while intoxicated or otherwise, provided Art. 153 is not
applicable.
Note:

The crime alarms and scandal is only one crime.

Scandal here does not refer to moral scandal; that
one is grave scandal in Article 200.

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The essence of the crime is disturbance of public

tranquility and public peace.
Any kind of disturbance of public order where the
circumstance at the time renders the act offensive to
the tranquility prevailing, the crime is committed.
Definition of charivari: includes a medley of
discordant voices, a mock serenade of discordant
noises made on kettles, tin, horns, etc. designed to
annoy or insult
Calculated to cause means: that which produces
alarm and danger according to the correct translation
of the RPC. Hence, the result, and not the intent, that
counts.

ART. 156Delivering Persons from Jail

Elements:
1. There is a person confined in a jail or penal
establishment;
2. Offender removes therefrom such person, or helps
the escape of such person.
Note:

In relation to infidelity in the custody of prisoners,

correlate the crime of delivering person from jail with
infidelity in the custody of prisoners punished under
the Revised Penal Code.
In both acts, the offender may be a public officer or a
private citizen.
Crime under Art. 156 is committed by a public officer
when he is not the custodian of the prisoner at the
time the prisoner was made to escape.
If the public officer has the custody of the prisoner
when such prisoner escaped he is liable for Infidelity
in the custody of a prisoner.
If the prisoner who escapes is only a detention
prisoner, he does not incur liability from escaping if
he does not know of the plan to remove him from jail.
But if such prisoner knows of the plot to remove him
from jail and cooperates therein by escaping, he
himself becomes liable for delivering prisoners from
jail as a principal by indispensable cooperation.
If three persons are involved a stranger, the
custodian and the prisoner three crimes are
committed:
o Infidelity in the custody of prisoners [public
officer-custodian];
o Delivery of the prisoner from jail [stranger];
and
o Evasion of service of sentence [prisoner].

Chapter VI - Evasion of Service of Sentence

ART. 157Evasion of Service of Sentence
Elements:
1. Offender is a convict by final judgment;
2. He is serving sentence which consists in the
deprivation of liberty;
3. He evades service of his sentence by escaping during
the term of his imprisonment.
Evasion of service of sentence has three forms:
1. By simply leaving or escaping from the penal
establishment under Article 157;
2. Failure to return within 48 hours after having left the
penal establishment because of a calamity,
conflagration or mutiny and such calamity,
conflagration or mutiny has been announced as
already passed under Article 158;
3. Violating the condition of conditional pardon under
Article 159.
Note: In leaving or escaping from jail or prison, that the
prisoner immediately returned is immaterial. It may be
mitigating, but it will not absolve his criminal liability.
ART. 158Evasion of Service of Sentence on the Occasion of
Disorders, Conflagrations, Earthquakes, or Other Calamities
Elements:
1. Offender is a convict by final judgment, who is
confined in a penal institution;
2. There is disorder, resulting from
a. conflagration;
b. earthquake;
c. explosion;
d. similar catastrophe; or
e. mutiny in which he has not participated;
3. He evades the service of his sentence by leaving the
penal institution where he is confined, on the
occasion of such disorder or during the mutiny;
4. He fails to give himself up to the authorities within 48
hours following the issuance of a proclamation by the
Chief Executive announcing the passing away of such
calamity.
Note:

Leaving the penal establishment is not the basis of

criminal liability. It is the failure to return within 48
hours after the passing of the calamity, conflagration
or mutiny had been announced.
Under Article 158, those who return within 48 hours
are given credit or deduction from the remaining
period of their sentence equivalent to 1/5 of the
original term of the sentence.
If the prisoner fails to return within said 48 hours,
there will be an additional penalty of 1/5, shall be
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imposed but the 1/5 penalty is based on the

remaining period of the sentence, not on the original
sentence. In no case shall that penalty exceed six
months.
Mutiny is one of the causes which may authorize a
convict serving sentence in the penitentiary to leave
the jail provided he has not taken part in the mutiny.

ART. 159Other Cases of Evasion of Service of Sentence

Elements:
1. Offender was a convict;
2. He was granted a conditional pardon by the Chief
Executive;
3. He violated any of the conditions of such pardon.
Note:

Violation of conditional pardon is a distinct crime. In

violation of conditional pardon, as a rule, the violation
will amount to this crime only if the condition is
violated during the remaining period of the sentence.
If the condition of the pardon is violated when the
remaining unserved portion of the sentence has
already lapsed, there will be no more criminal liability
for the violation. However, the convict maybe
required to serve the unserved portion of the
sentence, that is, continue serving original penalty.

Violation of Conditional
Pardon
Does not cause harm or
injury to the right of another
person nor does it disturb
the public order; merely an
infringement
of
the
stipulated
terms
in
conditional pardon

Evasion of Service of
Sentence
An attempt at least to evade
the penalty inflicted by the
courts upon criminals and
thus defeat the purpose of
the law of either reforming
or punishing them for
having disturbed the public
order.

Chapter VII - Commission of Another Crime during Service of

Penalty Imposed for Another Previous Offense
ART. 160Quasi Recidivism
Elements:
1. Offender was already convicted by final judgment of
one offense;
2. He committed a new felony before beginning to serve
such sentence or while serving the same.

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