ROMBLON STATE UNIVERSITY committed is:
College of Criminal Justice Education A. Proposal to rebellion
SY 2026–2027 B. Conspiracy to rebellion
CRIMINAL LAW BOOK 2 C. Sedition
Prepared by: Atty. Feric Baguiwen, LPT D. Inciting to rebellion
MODULE 1 5. A public officer who continues to
TITLE 3: CRIMES AGAINST PUBLIC perform duties under the control of
ORDER rebels commits:
(Articles 134 – 142, Revised Penal Code) A. Treason
B. Sedition
MODULE OBJECTIVES C. Disloyalty of public officers
At the end of this module, students should D. Inciting to rebellion
be able to: 6. Sedition involves:
1. Identify the crimes classified under A. Secret plotting against
Crimes Against Public Order. government
2. Explain the codal provisions B. Public and tumultuous uprising
governing rebellion, coup d’etat, C. Publishing newspapers
and sedition. D. Online criticism
3. Enumerate the elements of each 7. Which of the following is NOT a
crime. crime under Article 142?
4. Distinguish rebellion, coup d’etat, A. Inciting others to sedition
and sedition. B. Uttering seditious speeches
5. Apply legal provisions to practical C. Writing scurrilous libel
situations involving crimes against D. Leading rebellion
public order. 8. The penalty for leaders of rebellion
is:
PRE-TEST A. Arresto mayor
Instruction: Choose the correct answer. B. Reclusion perpetua
1. The crime committed by rising C. Prision correccional
publicly and taking arms against D. Destierro
the government is called: 9. Inciting to rebellion requires that
A. Sedition the offender:
B. Rebellion A. Takes arms
C. Treason B. Joins rebellion
D. Coup d’etat C. Does not take arms
2. A swift attack against military D. Be a public officer
camps or government installations 10. Publications that undermine
intended to seize power is: government authority are known
A. Rebellion as:
B. Sedition A. Ordinary libel
C. Coup d’etat B. Civil libel
D. Inciting to rebellion C. Seditious libel
3. Rebellion is considered a crime of D. Defamation
the:
A. Individual LESSON PROPER
B. Military only
C. Masses ARTICLE 134 – REBELLION OR
D. Government INSURRECTION
4. When two or more persons agree "The crime of rebellion or insurrection is
to rise publicly and take arms committed by rising publicly and taking
against the government, the crime arms against the Government for the
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purpose of removing from the allegiance overthrow the duly constituted
to said Government or its laws the government. It does not require the
territory of the Philippines or any part participation of any member
thereof, or any body of land, naval or of the military or national police
other armed forces, or depriving the Chief organization or public officers and
Executive or the Legislature, wholly or generally carried out by civilians. Lastly,
partially, of any of their powers or the crime can only be committed through
prerogatives." force and violence. Rebellion may be
committed even without a single shot
Elements being fired. No encounter needed. Mere
1. There is a public uprising and public uprising with arms enough. If there
taking arms against the is no public uprising, the crime is direct
government. assault in the first form.
2. The purpose of the uprising is:
o To remove Philippine Purposes of Rebellion are always
territory or armed forces political:
from allegiance to the
government; OR 1. To remove from the allegiance to
o To deprive the Chief the government or its laws, the
Executive or Congress of territory of the republic or any part
their powers. thereof.
Discussion a. This may either be a complete
Rebellion refers to an armed public overthrow of the existing
uprising aimed at overthrowing the government to be replaced by that of
government. It is usually carried out by a the rebels. This is often called a
large group or mass movement. ―power grab.
Insurrection, on the other hand, is often
used to describe a localized uprising that Examples are the present
aims only to prevent the exercise of Communist Rebellion.
government authority or effect minor
political changes. b. It may also be a partial overthrow
or secession. A portion of the
Rebellion vs. Insurrection territory is taken away to form
Rebellion is more frequently used where another government different form
the object of the movement is completely and independent of the existing
to overthrow and supersede the existing government.
government. It is a crime of the masses, of
the multitude. Insurrection is more An example is the MILF-MNLF
commonly employed in reference to a Secession movement which is to
movement which seeks merely to effect establish a Bangsa Republic in
some change of minor importance, or to Mindanao and Palawan.
prevent the exercise of governmental
authority with respect to particular matters 2. To remove any body of land, naval
of subjects (Reyes, citing 30 Am. Jr. 1). It or other armed forces
is the localized version of rebellion.
a. The Armed Forces are the
It requires a multitude of people. It aims instruments of power, the coercive
to portion of the government by which
it carries out and imposes its will and
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preserves itself. Alienating the armed
forces affects the very existence of Essential Features
the government. This includes 1. The success depends on the elements
mutiny by soldiers. of surprise, swiftness and secrecy. There
is the use of stealth, strategy, threat,
3. To deprive the chief executive or violence. It is never announced. It is
congress, wholly or partially, of any always calculated to be over in a matter of
of their powers or prerogatives (This days.
is rarely done) 2. It is initiated principally by soldiers/PNP
with or without civilian support.
Illustration:
3. The purpose is either to seize state
One thousand armed individuals organize power ―Power Grab or to diminish state
themselves with the goal of overthrowing power i.e to destabilize and assume a
the government. They attack government position where the coupters can dictate
offices, take control of a town, and declare upon the government.
that they no longer recognize the authority
of the Philippine Government. Their 4. The centers of attack are the seat of
objective is to remove the current leaders power usually the presidential palace,
and replace them with their own. military establishments, communication
facilities
ARTICLE 134-A – COUP D’ETAT
"The crime of coup d’etat is a swift attack Illustration:
accompanied by violence, intimidation,
threat, strategy or stealth, directed against A group of soldiers and police officers
duly constituted authorities of the suddenly team up and take control of
Republic of the Philippines, or any military military camps, barricading all entrances
camp or installation, communications and exits. They arrest the president and
network, public utilities or other facilities invert the Philippine flag.
needed for the exercise and continued
possession of power, singly or ARTICLE 135 – PENALTY FOR
simultaneously carried out anywhere in REBELLION, INSURRECTION OR COUP
the Philippines by persons belonging to D’ETAT
the military or police or holding any public
office or employment, with or without Any person who promotes, maintains, or
civilian support or participation, for the heads rebellion or insurrection shall suffer
purpose of seizing or diminishing state the penalty of reclusion perpetua.
power."
Any person merely participating or
Elements executing the commands of others in a
1. Offender is military personnel, rebellion shall suffer the penalty of
police, or public officer. reclusion temporal.
2. The attack is swift.
3. The attack is directed against: Any person who leads or in any manner
o Government authorities directs or commands others to undertake
o Military installations a coup d’etat shall suffer the penalty of
o Communication networks reclusion perpetua.
o Public utilities or facilities.
4. Purpose is to seize or diminish Any person in the government service
state power. who participates in undertaking a coup
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d’etat shall suffer prision mayor in its ARTICLE 138 – INCITING TO
maximum period. REBELLION OR INSURRECTION
Elements
Any person not in the government service 1. Offender does not take arms
who supports or aids in a coup d’etat shall against the government
suffer reclusion temporal in its 2. He incites others to commit
maximum period. rebellion
(As amended by R.A. 6968) 3. Inciting is done through:
o Speeches
ARTICLE 136 – CONSPIRACY AND o Proclamations
PROPOSAL TO COMMIT COUP D’ETAT, o Writings
REBELLION OR INSURRECTION o Emblems or banners
Conspiracy to Commit Rebellion Note: There is no inciting to coup d’etat.
Elements
1. Two or more persons agree ARTICLE 139 – SEDITION
2. To rise publicly and take arms Concept
against the government Sedition involves public disturbances or
3. They decide to commit rebellion commotions against government
authority.
Proposal to Commit Rebellion
Elements Its objective is the violation of public
1. A person decides to rise publicly peace.
and take arms
2. For the purposes of rebellion Elements
3. Proposes its execution to another 1. Offenders rise publicly and
person tumultuously.
2. They use force, intimidation, or
Penalty illegal means.
The conspiracy and proposal to commit 3. Purpose includes:
coup d’etat shall be punished by prision o Preventing execution of law
mayor in its minimum period and a fine o Preventing officials from
not exceeding ₱1,000,000. performing duties
o Revenge against public
The conspiracy and proposal to commit officers
rebellion or insurrection shall be punished o Political or social acts of
by prision correccional and hatred
corresponding fines. o Despoiling government
(As amended by R.A. 10951)
property
ARTICLE 137 – DISLOYALTY OF
ARTICLE 140 – PENALTY FOR
PUBLIC OFFICERS
SEDITION
"The penalty of prision correccional in its
Leader of sedition shall suffer:
minimum period shall be imposed upon
Prision mayor in its minimum period +
public officers or employees who have
fine not exceeding ₱2,000,000
failed to resist a rebellion by all the means
in their power, or shall continue to
Participants:
discharge the duties of their offices under
Prision correccional in its maximum
the control of the rebels or shall accept
period + fine not exceeding ₱1,000,000
appointment to office under them."
(As amended by R.A. 10951)
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ARTICLE 141 – CONSPIRACY TO B. Secretly
COMMIT SEDITION C. Publicly and tumultuously
Persons conspiring to commit sedition D. Through social media
shall suffer: 5. Conspiracy to commit rebellion
Prision correccional in its medium requires:
period and fine not exceeding ₱400,000 A. One person
B. Two persons agreeing
ARTICLE 142 – INCITING TO SEDITION C. Military personnel only
Three Ways of Inciting to Sedition D. Public officer only
1. Inciting others to commit sedition 6. Inciting to rebellion requires the
through speeches, writings, offender to:
banners, etc. A. Take arms
2. Uttering seditious speeches B. Be a soldier
disturbing public peace. C. Not take arms
3. Writing or circulating scurrilous D. Be a judge
libels against government. 7. Disloyalty of public officers occurs
when they:
Meaning of Scurrilous A. Oppose laws
Scurrilous means low, vulgar, B. Support rebels or fail to resist
defamatory, baseless, or malicious them
statements against the government. C. Criticize government
D. Protest peacefully
Doctrine of Seditious Libel 8. Sedition aims to:
Publications or speeches that: A. Overthrow government
Undermine the security of the B. Violate public peace or oppose
government authority
Destroy public confidence C. Replace constitution
Encourage illegal actions against D. Conduct elections
authorities 9. Publishing scurrilous libels against
government is:
POST-TEST A. Treason
Instruction: Choose the correct answer. B. Sedition
1. Rebellion requires: C. Inciting to sedition
A. Secret conspiracy D. Rebellion
B. Public uprising and taking arms 10. The leader of rebellion suffers:
C. Publishing articles A. Arresto mayor
D. Online criticism B. Reclusion perpetua
2. Coup d’etat is characterized by: C. Prision correccional
A. Slow rebellion D. Destierro
B. Swift attack
C. Private plotting
D. Political discussion
3. The purpose of rebellion is to:
A. Violate private property
B. Remove territory from
allegiance or deprive government
of power
C. Disturb public peace
D. Criticize officials
4. Sedition involves rising:
A. Privately
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