TITLE 3 Government was enough to make

him guilty of Rebellion.

CHAPTER ONE REBELLION, COUP
DETAT, AND DISLOYALTY

Purpose of the uprising must be

shown
Art. 134. Rebellion or Insurrection a. To remove from the allegiance of
said Government or its laws
ELEMENTS: (3) The territory of the Philippines or
1. That there be any part thereof
a. a public uprising (4) Any body of land, naval or other
b. taking arms against the
armed forces
Government b. To deprive the Chief Executive or
Congress, wholly or partially of any
2. That the purpose of the uprising or
movement is either: of their powers.
a. To remove from the allegiance of
These are the SUBJECTIVE
said Government or its laws
ELEMENT of Rebellion.
(1) The territory of the Philippines or
any part thereof
(2) Any body of land, naval or other
Rebellion Treason
armed forces As to the Rebellion is Treason is
b. To deprive the Chief Executive or
manner of committed omitted
Congress, wholly or partially of any
commission by rising merely by
of their powers.
publicly and levying war
Rebellion vs Insurrection taking arms against the
- In rebellion the object of the against the Philippine
movement is completely to government Government
overthrow and supersede he existing or merely by
government. adherence
- In Insurrection it is more to the
commonly employed to a movement enemy by
which seeks merely to effect some giving the
change of minor importance, or to enemy aid
prevent the exercise of governmental and comfort.
authority. As to the Times of In times of
time of peace war
Nature of Rebellion commission
- Crime of masses, of a multitude. As to the Any person Only by a
- Vast movement of men and a person Filipino
complex of net intrigues and plots committing citizen or an
alien
Actual clash of arms is not necessary residing in
to make one liable for rebellion the
- For example, the mere fact that the Philippines
accused openly identified himself As to the Only in the Anywhere
with the Huk Organization that was place of Philippines
openly fighting to overthrow the commission
As to the See Art. 134 Delivery of
 purpose the 2. That it is committed by means of
Philippines swift attack accompanied by
to foreign violence, intimidation, threat,
power strategy or stealth.
As to Proof of Testimony of (VITTS)
evidence beyond at least 2 3. That the attack is directed against
required for reasonable witnesses the duly constituted authority of
conviction doubt the Republic of the Philippines,
As to Crime Crime military camp or installation,
classificatio against against communication networks, public
n public order national utilities or other facilities needed
security for the exercise and continued
possession of power.
4. That the purpose of the attack is to
Giving of aid or comfort is not seize or diminish state power.
criminal in rebellion
- Unlike in treason, the act of giving The crime of coup detat may be
comfort or moral aid is not criminal committed with or without civilian
in the case of rebellion or participation.
insurrection. For example, helping
the revels to open accounts in a bank
where he is official and providing
Art. 135. Penalty for rebellion,
them food supplies.
insurrection or coup detat
Acts performed as a means to commit
Who are liable?
rebellion or in furtherance of
rebellion. 1. Leaders
- Where the records show that the a. Any person who (P M H)
common crimes imputed to the promotes, maintains, heads
accused, were performed as means a rebellion or insurrection.
to commit rebellion, the accused is Reclusion Perpetua
only guilty of simple rebellion. b. An person who ( L D C) leads,
directs or commands others
Killing, robbing, etc. for private to undertake a coup detat.
persons or for profit, without any
political motivation, would be 2. The participants
separately punished and would not a. Any person who participates or
be absorbed in the rebellion. executes the commands of
others in rebellion or
insurrection.

Art. 134-A. Coup detat In Government Service N

ELEMENTS ( B S D S ) Anyone who leads, directs, commands Anyone

1. That the offender is person or others to undertake a coup. supports
persons belonging to the military
or police or holding any public
office or employment.
 Serious violence is that
inflicted upon civilians, which
may result in homicide. It is not
limited to hostilities against the
armed force.
Diverting public funds is
malversation absorbed in
rebellion
Public officer must take active
part because mere silence or
omission not punishable in
rebellion ( US v. Radivas)
It is not a defense in rebellion
that the accused never took the
oath of allegiance to, or that
they never recognized the
government
Killing, robbing etc for private
persons or for profit, without
any political motivation, would
be separately punished and
would not be absorbed in the
rebellion.
Killing the victim because he
was a military informer is simple
rebellion.
Is there a complex crime of
rebellion with murder and other
common crimes?
- Common crimes performed
as a necessary means to commit
rebellion or in connection therewith
or in furtherance thereof or so as to
facilitate the accomplishment of
the purpose of the rebellion
constitutes neither two or
more offenses, nor a complex
crime, but one crime that of
rebellion plain and simple,
punishable with one single penalty,
namely, that prescribed in
rebellion.
Example of one who promotes,
maintains or heads a rebellion
1. Being in charge of the publication
and circulation of rebels official
organs, through which the people
were aroused to support the armed
struggle against the government. It
is true that the accused did not go
to the field to take up arms, but the
provocative poems and articles
that he wrote and published in the
official organs of the CPP and the
HMB were just as effective to
prosecute the rebellion as the guns
and other weapons used by the
HMB in the field.
Example of participant in
rebellion
1. The accused who merely executed
orders of her superior in the
organizational set-up of the rebels.
2. A courier is guilty as he was
actually working and cooperating
with the armed operations to
overthrow the government.