CRIMINAL LAW: REVISED PENAL CODE – BOOK TWO > TITLE THREE: CRIMES AGAINST PUBLIC ORDER

Title Three of Book Two of the Revised Penal Code (RPC) of the Philippines encompasses crimes that threaten public order, peace, and the proper functioning of the government in maintaining societal stability. These provisions ensure the protection of public order and the authority of the state. Below is a meticulous breakdown of the provisions under Title Three:

ARTICLES 134–142: CRIMES AGAINST PUBLIC ORDER

1. Rebellion or Insurrection (Article 134)

Definition: Rebellion or insurrection is committed by rising publicly and taking arms against the Government for the purpose of removing allegiance, depriving the Chief Executive or the Legislature of power, or any similar objective.
Key Elements:
- Public uprising
- Taking arms against the Government
- Objective to overthrow, deprive, or weaken the powers of lawful authorities.
Penalty: Reclusion perpetua if guilty.

2. Conspiracy and Proposal to Commit Rebellion or Insurrection (Article 136)

Definition: Mere agreement between two or more persons to commit rebellion or insurrection, or any proposal by one person to another to commit such acts.
Penalty:
- Conspiracy: Prision mayor and fine.
- Proposal: Prision correccional and fine.

3. Coup d’État (Article 134-A)

Definition: Swift attack, accompanied by violence, intimidation, threat, strategy, or stealth against duly constituted authorities.
Key Elements:
- Direct and public uprising.
- Intent to seize state power or prevent lawful officials from exercising their functions.
- Can be committed by civilians or military personnel.
Penalty: Reclusion perpetua for leaders; lower penalties for participants based on involvement.

4. Sedition (Article 139)

Definition: Conduct or speech inciting people to rebel against the authority of the State, but without the purpose of overthrowing the government.
Acts Constituting Sedition:
- Prevent execution of laws.
- Hinder public officials from performing their functions.
- Inflict acts of hate or revenge against public authorities.
Penalty: Prision mayor for leaders; prision correccional for participants.

5. Conspiracy to Commit Sedition (Article 141)

Definition: Agreement by two or more persons to incite sedition or commit acts related to sedition.
Penalty: Prision correccional in its medium period and fine.

6. Inciting to Rebellion or Insurrection (Article 138)

Definition: Publicly inciting others to rise against the Government through speeches, writings, or other means without actually taking arms or participating.
Penalty: Prision mayor.

7. Inciting to Sedition (Article 142)

Definition: Uttering seditious words, speeches, writings, or acts with the intent to stir people to rise against the Government, but without actually committing rebellion or sedition.
Penalty: Prision correccional in its maximum period and fine.

8. Illegal Assemblies and Associations (Articles 146-147)

Illegal Assemblies (Article 146):
- Gathering for the purpose of committing any crimes punishable under this title.
- Meeting of armed persons for rebellion, sedition, or treason.
- Penalty:
  - Organizers: Prision correccional in its medium period.
  - Participants: Arresto mayor.
Illegal Associations (Article 147):
- Formation or organization of associations with the intent of overthrowing the government or committing any crimes under this title.
- Penalty:
  - Founders: Prision correccional in its minimum period.
  - Members: Arresto mayor.

9. Direct Assault (Article 148)

Definition: Any act of violence, intimidation, or resistance against a person in authority or their agents while performing their official duties.
Key Elements:
- Committed without a public uprising.
- Victim must be a person in authority or their agent.
Penalty:
- With weapon or serious physical injuries: Prision correccional in its medium and maximum periods.
- Without aggravating factors: Prision correccional in its minimum and medium periods.

10. Indirect Assault (Article 149)

Definition: Attack or resistance against an agent of a person in authority while the latter is performing their duties.
Penalty: Arresto mayor in its medium and maximum periods.

11. Resistance and Disobedience (Article 151)

Definition: Knowingly resisting or disobeying a person in authority or their agent while they are performing lawful duties.
Penalty: Arresto mayor and fine.

12. Tumults and Other Disturbances of Public Order (Article 153)

Definition: Causing serious disturbance in public places or gatherings without the intent of rebellion or sedition.
Acts Punished:
- Interrupting public functions or meetings.
- Disturbances during public gatherings.
Penalty: Arresto mayor in its medium period and fine.

13. Alarms and Scandals (Article 155)

Definition: Any act causing public alarm or scandal.
Acts Punished:
- Discharge of firearms in public.
- Exploding firecrackers causing alarm.
Penalty: Arresto menor or fine.

14. Delivering Prisoners from Jail (Article 156)

Definition: Removing any person in custody or lawful confinement.
Penalty:
- Offender not related to prisoner: Prision correccional in its minimum period.
- Offender related to prisoner: Arresto mayor.

AGGRAVATING CIRCUMSTANCES

Certain conditions may aggravate penalties under this Title, including:

Use of violence or intimidation.
Commission by public officials abusing their positions.
Prejudice to public order and safety.

NOTES ON JURISPRUDENCE

People v. Hernandez (1956): Rebellion absorbs other crimes committed in furtherance of rebellion, such as murder or arson.
People v. Geronimo (1977): Inciting to rebellion requires a clear intent to provoke an uprising.
People v. Agustin: Direct assault does not require physical harm but must involve intent to defy authority.

RELATION TO SPECIAL LAWS

The Anti-Terrorism Act of 2020 (RA 11479): Some acts under this Title may now fall under terrorism, which carries harsher penalties.
Illegal Possession of Firearms (RA 10591): Using illegal firearms in crimes under this Title constitutes an aggravating circumstance.

This section of the RPC reflects the State's interest in maintaining peace and order while balancing individual freedoms. Proper legal analysis ensures the just application of these provisions.