B. Title II – Crimes Against the Fundamental Laws of the State

B. Title Two - Crimes against the Fundamental Law of the State (Articles 124-133)

Chapter 1: Arbitrary Detention or Expulsion, Violation of Dwelling, Prohibition, Interruption and Dissolution of Peaceful Meetings and Crimes against Religious Worship.

Section 1. – Arbitrary Detention and Expulsion

Chapter 1: Rebellion, Coup D’etat, Sedition

Art. 134. Rebellion and Insurrection

The crime of 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 Republic of the Philippines or any part thereof, or any body of land, naval or other armed forces, or depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives.

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Elements:

• Public Uprising and Taking Arms against the government;
• Purpose:
• To Remove from the Allegiance to Government or laws:
• Territory of Philippines (in whole or in part);
• Body of land, or army/naval/other forces; or
• To Deprive Chief Executive or Congress wholly or partially of powers or prerogatives

Rebellion

It is more frequently used where the object of the movement is to completely overthrow and supersede the existing government. (REYES, BOOK TWO) By its nature, rebellion, is a crime of the masses or multitudes involving crowd action done in furtherance of a political end.

Insurrection

It is more commonly employed in reference to a movement which seeks merely to effect some change of relatively minor importance, or to prevent the exercise of governmental authority with respect to particular matters or subjects.

Rebellion and Insurrection, Distinguished

Elements:

Article 204 — Knowingly Rendering Unjust Judgment

• That the offender is a Judge;
• That he renders a Judgment in a case submitted to him for decision;
• That the judgment is Unjust; and
• That the judge Knows that the decision is unjust

Rebellion and Treason, Distinguished

Nature of Treason

Treason is a war crime (hence, cannot be committed during a time of peace), punished by the state as a measure of self-defense and self-preservation. (Concurring Opinion of Justice Perfecto, Laurel v. Misa, G.R. No. L-409)

Purpose for rebellion

The purpose of the uprising must be shown.

Definition of “Tumultuous”

Tumultuous (as used in Art. 153) means that the disturbance is caused by at least four persons who are armed or are provided with means of violence. There must be no unity of purpose and intention among the persons who used violence.

Non-recognition of government or absence of oath of allegiance not a defense

It is not a defense that the accused never took an oath of allegiance, or never recognized the government.

Other Acts Considered as Treason

Serving as informer and active member of the Japanese Military Police (People v Fernando, GR No L-1138)

Art. 134-A. Coup d’état

The crime of coup d’état is a swift attack accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communications networks, public utilities or other facilities needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in the Philippines by any person or persons, belonging to the military or police or holding any public office or employment, with or without civilian support or participation, for the purpose of seizing or diminishing state power.

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Elements:

• Offender: member of the military, police force, or any public officer or employee, and any possible civilian supporters
• Means: swift attack accompanied by violence, intimidation, threat, strategy, or stealth;
• Possible targets: duly constituted authorities of the Philippines; any military camp/installation, communication networks, public utilities, or other facilities needed for the exercise and continued possession of power; and
• Purpose: to seize or diminish state power

Coup d’etat and Rebellion, Distinguished

Art. 135. Penalty For Coup D’état, Rebellion And Insurrection

Art. 116. Misprision of Treason

Misprision of treason is the failure of a citizen to report, as soon as possible from coming to know thereof, a conspiracy to commit treason against the Philippine government. But there must be a war in which the Philippines is involved. (BOADO, RPC and SPL)

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Rebellion as pre-requisite

• There must be a rebellion to be resisted in the first place.
• This article is inapplicable in the absence of the crime of rebellion.

Elements:

• The offender does not take up arms or is not in open hostility against the Government
• He incites others to the execution of any of the acts of rebellion
• The inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end

Art. 139. Sedition

Act of individuals who rise publicly and tumultuously in order to attain by force specific objectives (which are not those of rebellion/insurrection)

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Elements:

• Offender rises publicly and tumultuously
• Means: force
• Objectives:
• Prevent promulgation/execution of law or holding of popular election;
• Prevent government or officer thereof from freely exercising functions;
• Inflict act of hate or revenge upon public officer or employee or his property;
• Commit, for political or social ends, any act of hate or revenge on any person or social class; or
• Despoil, for any political or social end, any person, the Government, or any division thereof of all or some of their property

Sedition and Treason, Distinguished

Sedition and Rebellion, Distinguished

Section 3. – Usurpation of Powers and Unlawful Appointments

Art. 239. Usurpation of Legislative Powers

Any executive or judicial officer who shall encroach upon the powers of the legislative branch of the Government, either by making general rules or regulations beyond the scope of his authority or by attempting to repeal a law or suspending the execution thereof

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Reason why seditious utterances are prohibited

If the State were compelled to wait until the apprehended danger became certain, then its right to protect itself would come into being simultaneously with the overthrow of the Government, when there would be neither prosecuting officers nor courts for the enforcement of the law. (Gitlow v New York, 268 US 652)

This quotation states a historical rationale, not the present Philippine constitutional test. A restriction on seditious expression must satisfy the applicable clear-and-present-danger standard under Art. III, Sec. 4 of the 1987 Constitution. (Chavez v. Gonzales, G.R. No. 168338, February 15, 2008)

Section 3. – Prohibition, Interruption and Dissolution of Peaceful Meetings

Chapter 2: Crimes against Popular Representation

Section 1. – Crimes against Legislative Bodies and Similar Bodies

Art. 143. Acts Tending To Prevent the Meeting of the Assembly and Similar Bodies

Any person who by force or fraud prevents the meeting of either House of Congress or any provincial board or municipal council.

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Elements:

• A Projected or Actual Meeting of either House of Congress or any provincial board or municipal council; and
• The offender, who may be any person, prevents such meeting by force or Fraud.

Note: Chiefs of Police and Mayors who prevent meetings of municipal councils are liable under Art. 143, when the defects of the meetings are not manifest and require investigations before such defects can be determined.

Punishable Acts:

• Prohibiting, interrupting, or dissolving, without legal ground, the holding of a peaceful meeting;
• Hindering any person from joining any lawful association or from attending any of its meetings;
• Prohibiting or hindering any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances

Art. 144. Disturbance of Proceedings

Any person who disturbs the meeting of either the Congress or any provincial board or municipal council or Constitutional Commissions.

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Elements:

• An Actual Meeting of Congress or any of its committees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board; and
• The offender does any of the following acts;
• Disturbs any of such meetings; or
• Behaves while in the presence of any such bodies in such a manner as to Interrupt its proceedings or to impair the respect due it.

Note: Accused may also be punished for contempt by the legislative body or by the constitutional commission.

Elements:

• A WAR in which the Philippines is Involved;
• Offender Owes Allegiance to the government;
• Offender Attempts to flee or go to enemy country; and
• Going to enemy country is Prohibited by competent authority

Meeting must be peaceful

Meeting must be peaceful and there must be no legal ground for prohibiting, dissolving or interrupting that meeting.

Section 2. – Violation of Parliamentary Immunity

Punishable Acts:

• Using force, intimidation, threats, or fraud to prevent attendance, expression of opinion, or casting of vote, by any member of Congress;
• Arresting or searching a member of Congress while in regular or special session;
• Unless the member is charged with a crime with a penalty higher than Prision mayor;
• However, to harmonize with the 1987 Constitution, the RPC provision should be read as “a penalty of Prision mayor or higher”

Chapter 3: Illegal Assemblies and Associations

Persons liable for illegal assembly

• Organizers or leaders of the meeting; and
• Persons merely present at the meeting [except when presence is merely out of curiosity – not liable since they do not have the intent to illegally assemble (REYES, BOOK TWO, P. 125)]

Forfeiture of Ill-Gotten Wealth

The court shall declare any and all ill-gotten wealth and their interests and other incomes and assets including the properties and shares of stocks derived from the deposit or investment thereof forfeited in favor of the State. (Sec. 12, RA 7659)

Notes:

Direct assault must have been committed first or is being committed for this article to be applicable.

Art. 150. Disobedience to Summons Issued by Either House of Congress or a Committee Thereof, and Refusal to Testify Before the Same.

Any person who, having been duly summoned to attend as a witness before either House of Congress or a committee thereof, refuses, without legal excuse, to obey such summons, or being present before any such House or committee, refuses to be sworn or placed under affirmation or 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.

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Punishable Acts:

• Refusal, without legal excuse, to obey a summons to attend as a witness before either House of Congress or a committee thereof;
• Refusal of any person present before a legislative or constitutional body or official to be sworn or placed under affirmation;
• Refusal to answer any legal inquiry; or to produce books, documents, records, etc., when required to do so by the said bodies in the exercise of their functions;
• Restraining another from attending as witness in such body; or
• Inducing disobedience to a summons or refusal to be sworn

Punishable Acts:

Resistance or serious disobedience; or Simple disobedience.

Disobedience

• The disobedience must be a failure to comply with orders directly issued by authorities to the person, in the exercise of official functions.
• The disobedience contemplated under this article is not disobedience to a law or a failure to comply with some legal provision.
• The disobedience contemplated under this article is not disobedience to a law or a failure to comply with some legal provision.