Rebellion or Insurrection, Revised Penal Code

1. Concept

Article 134. Rebellion or insurrection; How committed. - 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 Philippine Islands or any part thereof, of any body of land, naval or other armed forces, depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives. (Act No. 3815, Revised Penal Code)

2. Mode of commission

Elements of the offense:

1) The offender rises publicly and takes arms against the Government;

2) Such acts were for the purpose of removing from the allegiance to said Government or its laws, the territory of the Philippine Islands or any part thereof, of any body of land, naval or other armed forces; and,

3) This results in depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives.

3. Leader

When the rebellion, insurrection, or coup d'etat shall be under the command of unknown leaders, any person who in fact directed the others, spoke for them, signed receipts and other documents issued in their name, as performed similar acts, on behalf or the rebels shall be deemed a leader of such a rebellion, insurrection, or coup d'etat. (Last paragraph, Article 135, Ibid.)

References

⦁ Title 3 – Crimes Against Public Order, Book 2, Revised Penal Code
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