ARTICLE 130. Searching domicile without witnesses. A public officer or employee who, in cases where a search is proper, shall search the domicile, papers or other belongings of any person, in the absence of the latter, any member of his family, or in their default without the presence of two witnesses residing in the same locality.

WITNESSES in a lawful search (alternative) 1. The owner or lawful occupant or possessor of the domicile, papers or other belongings of a person. 2. Any member of his family 3. In their default, at least two witnesses residing in the same locality

RULE 126, Section 8: No search of a house, room, or any other premises shall be made except in the presence of the lawful occupant thereof or any member of his family or in the absence of the latter, two witnesses of sufficient age and discretion residing in the same locality.

People vs Gesmundo--> Search in the presence of witnesses specified by the law is mandatory to ensure regularity in the execution of the search warrant. "Apparently, the search of her house was conducted in violation of Sec. 8, Rule 126.”

ARTICLE 131. Prohibition, interruption and dissolution of peaceful meetings.

Any public officer or employee who without legal ground, shall prohibit or interrupt the holding of a peaceful meeting, or shall dissolve the same.

A public officer or employee who shall hinder any person from joining any lawful association or from attending any of its meetings.

Any public officer or employee who shall prohibit or hinder any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances.

Ways of committing: Prohibiting/Hindering/Prohibiting or Hindering

PROHIBITING OR INTERRUPTING THE HOLDING OF A PEACEFUL MEETING OR DISSOLVING THE SAME WITHOUT LEGAL GROUND:

1) The meeting must be peaceful 2) The public officer, without legal ground, prohibits, interrupts, or dissolves the same

ARTICLE III, Section 4: "No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances."

NOT ABSOLUTE: Navarro vs Villegas--> The right to a peaceful meeting may be regulated in order that it may not be injurious to the enjoyment of others having equal rights, nor injurious to the right of the community and society, and this power may be exercised under the police power of the State, which is the power to prescribe regulations to promote the good order or safety and general welfare of the people.

REGULATED IN THE INTEREST OF PUBLIC ORDER AND PUBLIC SAFETY: Ignacio vs Ela--> To avoid disturbance of peace and order, or the happening of untoward incidents, they deemed it necessary to prohibit the use of that kiosk by any religious denominations as a place of meeting of its members.

Evangelista vs Earnshaw--> Uttering of seditious speeches and urging the laboring class to unite and overthrow the government are legal grounds to prohibit a meeting

People vs Yabong --> Violation of an agreement to talk on a prohibited subject at a public meeting is a legal ground to interrupt or dissolve said meeting

SEDITIOUS WORDS AND SPEECHES: People vs Evangelista--> The meeting may be interrupted and dissolved when seditious words and speeches were uttered. Disorder took place several months after the inauguration of the Communist Party, utterances were inciting the people to revolt, force was used to stop them.

HINDERING ANY PERSON FROM JOINING ANY LAWFUL ASSOCIATION OR FROM ATTENDING ANY OF ITS MEETINGS:

--> Committed only by public officers

ARTICLE III, Section 8, Paragraph 2: "The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged."

Should be entitled as: "hindering a person from joining lawful associations or attending any of its meetings"

--> The association must be lawful

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:

ARTICLE III, Section 4: "No law shall be passed abridging the freedom of speech, of expression, or of the press or the right of the people peaceably to assemble and petition the government for redress of grievances".

BP 880 or the Public Assembly Act of 1985 regulates the constitutional right of the people to peaceably assemble and petition the government for redress of grievances. How? It requires a written permit from the office of the mayor of the municipality or city before any person or persons can organize and hold a public assembly in a public place

Exception to permit: 1) In a freedom park duly established by law or ordinance 2) In a private property, in which case only the consent of the owner or the one entitled to its legal possession is required 3) In the campus of a government-owned and operated educational institution which shall be subject to the rules and regulations of said educational institutions

POLITICAL meetings or rallies held during any election campaign period are not covered by BP 880

FREEDOM PARK--> A place established by every city or municipality where demonstrations and meetings may be held at any time without the need of any prior permit. Every municipality in the country shall within six months after the effectivity of this Act establish or designate at least one suitable freedom park or mall in their respective jurisdictions which, as far as practicable, shall be centrally located within the poblacion where demonstrations and meetings may be held at any time without the need of any prior permit

PUBLIC ASSEMBLY--> Any rally, demonstration, march, parade, procession or any other form of mass or concerted action held in a public place for the purpose of presenting a lawful cause; or expressing an opinion to the general public on any particular issue, or protesting or influencing any state of affairs whether political, economic or social, or petitioning the government for redress of grievances.

PUBLIC PLACE--> Any highway, boulevard, avenue, road, street, bridge or other thoroughfare, park, plaza, square, and or any open spaces of public ownership where the people are allowed access

MODIFICATION OF A PERMIT--> The change of the place and time of the public assembly, rerouting of the parade or street march, the volume of loud-speakers or sound system and similar changes

ARTICLE 132. Interruption of religious worship.

Any public officer or employee who shall prevent or disturb the ceremonies or manifestations of any religion.

If the crime shall have been committed with violence or threats, the penalty shall be prision correctional in its medium and maximum (QUALIFYING)

HOW COMMITTED: Interruption of religious worship may be committed by preventing or disturbing the ceremonies or manifestations of any religion.

The law is silent won the ceremonies or manifestations of a religion be done in the church. So long as what is prevented or disturbed is a ceremony or manifestation of any religion, the felony is committed regardless of the place where the ceremony or religious manifestation is held.

ARTICLE 133. Offending the religious feelings.

Anyone who in a place devoted to religious worship or during the celebration of any religious ceremony, shall perform acts notoriously offensive to the feelings of the faithful

ESSENCE: Consists in performing acts "notoriously offensive" to the feelings of the faithful in a place devoted to religious worship or during the celebration of any religious ceremony.

ACTS NOTORIOUSLY OFFENSIVE TO THE FEELINGS OF THE FAITHFUL--> Must be one directed against religious practice or dogma or ritual for the purpose of ridicule; the offender, for instance, mocks, scoffs at or attempts to damage an object of religious veneration

People vs Baes--> Whether or not an act offends the feelings of the Catholics should be viewed or judged from the point of view of the offended party and not from the point of view of the offenders.

CRIMES AGAINST PUBLIC ORDER

Macagaan vs People--> The resistance to the duly constituted authorities of the Republic is typified by the offenses of rebellion or insurrection or sedition or conspiracy to commit rebellion or sedition, all offenses with a political character and all of which are embraced in Title 3 of the RPC entitled Crimes Against Public Order

Article 134. Rebellion or insurrection.

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.

NATURE of rebellion: --> Crime of the masses or multitudes involving crowd action done in furtherance of a political end --> The crime of rebellion is directed against the government --> Imposes a distinct penalty, the rebel being moved by a single intent which is to overthrow the existing government and ignores individual acts committed in the furtherance of such intent

GRAVAMEN of rebellion: Armed public rising against the government

People vs Lovedioro--> Rebellion is essentially a crime of masses or multitudes involving crowd action, which cannot be confined a priori within predetermined bounds. One aspect noteworthy in the commission of rebellion is that other acts committed in its pursuance are by law absorbed in the crime itself because they acquire a political character

HOW committed? By rising publicly and taking up arms against the government for any of the purposes specified in Article 134 of the RPC.

PURPOSES of rebellion:

1. REMOVING FROM THE ALLEGIANCE TO SAID GOVERNMENT OR ITS LAWS: a) The territory of the RP or any part thereof b) Any body of land, naval or other armed forces

2. DEPRIVING EITHER THE CHIEF EXECUTIVE OR THE LEGISLATURE, WHOLLY OR PARTIALLY OF ANY OF THEIR POWERS OR PREROGATIVES

OVERT ACTS are necessary in rebellion except in its conspiracy and proposal.

People vs Cube--> Actual clash of arms with Government forces is not necessary to make one liable for rebellion. The mere fact that the accused openly identified himself with the Huk Organization that was openly fighting to overthrow the Government was enough to make him guilty of rebellion.

It is not necessary that the PURPOSE of rebellion be accomplished for rebellion to be consummated

REBELLION TREASONMANNER OF COMMISSION Committed by rising publicly and

taking arms against the Government

Committed merely by levying war against the Philippine Government or merely by adherence to the enemy giving the enemy aid and comfort

TIME OF COMMISSION Committed in times of peace Committed in times of warPERSON COMMITTING By any person Only by a Filipino citizen or an alien

residing in the PhilippinesPLACE OF COMMISSION Committed in times of peace During times of warPURPOSE The removal 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 deprivation of the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives

The delivery of the Philippines to a foreign power

EVIDENCE REQUIRED FOR CONVICTION

Proof beyond reasonable doubt The testimony of at least two witnesses to the same overt act

CLASSIFICATION Crime against public order Against national security

TERRORISM is more severely punished than the heinous crimes under RA 7659. It is punishable with a fixed penalty of 40 years without the benefit of parole under Sec. 3 of the RA.

PEOPLE vs MANGLALLAN The killing of the governor by members of the liquidation squad of the NPA, upon the orders of the NPA commander, is politically motivated and the accused are guilty of simple rebellion and not murder.

PEOPLE vs CRUZ Acts performed as a means to commit rebellion or furtherance of rebellion. Where the records show that the acts of arson, robbery and murder imputed to the accused, were performed as means to commit the crime of rebellion and in furtherance thereof. The said accused are guilty of simple rebellion.

People vs Paz Sulpicio utilized the Huks as the instrument in pursuing his design of killing Tranquiliono because of his grudge against him for filing a complaint in the fiscal’s office.

Southern Hemisphere Engagement Network, Inc. vs Anti-Terrorism Council Rebellion and Insurrection is an act of terrorism. It is sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand.

ARTICLE 134. Coup D’etat.

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 and 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. (RA 6968)

POLITICAL CRIME- because the purpose of the plotters is to seize or diminish State power. Common crimes become political when it is perpetrated to achieve a political purpose. It

assumes political complexion inasmuch as, being part and parcel of the crime of rebellion, the former acquires the political character of the latter.

Deliberations in the Senate or the Report of the Conference Committee of Senate Bill 1500 will readily show that coup detat was incorporated in the RPC in Article 134-A precisely to criminalize mutiny.

“Article 67. Mutiny or sedition- Any person subject to military law who attempts to create or who begins, excites, causes or joins in any mutiny or sedition in any company, party, post, camp, detachment, guard or other command shall suffer death or such other punishment as a court-martial may direct.”

Gonzales vs Abaya Officers and enlisted personnel of the AFP charged of coup detat can no longer be charged with mutiny under Article 67 of the Articles of War before courts-martial for the same delictual or punitive act.

WAR OF INDEPENDENCE vs COUP DETAT

A rebellion or insurrection may change policies, leadership and the political institution, but not the social structure and prevailing values. A coup detat in itself changes leadership and perhaps policies but not necessarily more extensive and intensive than that. A WAR OF INDEPENDENCE is a struggle of one community against the rule by an alien community and does not have to involve changes in the social structure of either community

Coup D’état is an act of terrorism under RA No. 9372

REBELLION COUP DETATManner of commission By rising publicly and taking arms

against the Government for any of the purposes specified in Article 134.

Coup d’état is a swift attack accomplished by violence, intimidation, threat, strategy or stealth.

As to the object against which the attack is committed

Directed against the Government

Directed against the duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communication networks, public utilities, or other facilities needed for the exercise and continued possession of power

Persons committing the crime May be committed by the masses or multitudes

Coup d’état may be committed by any person or persons belonging to the military or police or holding any public office or employment

Purpose To remove from the allegiance to the Philippine 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 to deprive the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives.

To seize or diminish State Power.

ARTICLE 135. Penalty for rebellion, insurrection.

Persons liable for rebellion or insurrection: 1. The person who promotes, maintains or heads a rebellion or insurrection (RP) 2. The person merely participating or executing the commands of others in a rebellion or

insurrection (RT)

Persons liable for coup d’état: 1. The person who leads or in any manner directs or commands others to undertake a coup detat.

(RT) 2. Any person in the government service who participates or in any manner supports finances,

abets or aids in the undertaking of a coup detat. (PM)

UNKNOWN LEADERS OF REBELLION, INSURRECTION OR COUP DETAT When the rebellion, insurrection, or coup detat is under the command of unknown leaders, any

person who in fact directed others, spoke for them, signed receipts and other documents issued in their name, or performed similar acts on behalf of the rebels, shall be deemed the leader of such rebellion, insurrection or coup detat.

ENRILE vs AMIN The crime of rebellion consists of many acts. It is a vast movement of men and a complex net of intrigues and plots. Acts committed in furtherance of rebellion though crimes in themselves are deemed absorbed in one single crime of rebellion.

People vs Manglallan Killing the victim because he was a military informer is simple rebellion. The killing of Apolonio by accused Andres and his companions who were also members of the NPA upon orders of Ka Daniel was politically motivated.

PEOPLE vs HERNANDEZ Common crimes committed 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 rebellion are absorbed in the crime of rebellion and shall constitute only one crime i.e. simple rebellion.

The leader of the CLO cannot be considered as a leader in actual rebellion, nor as having taken part in the conspiracy to commit rebellion, where after the party had to decide to go underground he refused to do so. Indoctrination was only a preparatory organization prior to a revolution, not the revolution itself.

People vs Lava He aided the leaders of the CPP to promote and maintain the armed operations of the HMB to overthrow the government, having played the role of technicians or adviser, and participated in the rebellion efforts of the CPP while he was holding a public office.

PARTICIPANTS IN REBELLION (People vs Lava) 1) The accused who merely executed the orders of her superior in the organizational set-up of the

CPP2) A courier is guilty as he was actually working and cooperating with the armed operations to

overthrow the government 3) The accused, while working in the Personnel Section of the Philippine Constabulary

Headquarters, gave government documents and confidential information regarding the HMB to Federico Bautista, thereby cooperating and helping in the prosecution of the armed rebellion.

Mere delivery of letters or copies of TITIS without knowing their contents does not make one liable for rebellion.

Use of unlicensed firearm in carrying on the rebellion is absorbed and included in the crime of rebellion.

When acts of violence are committed for private purpose or motive without any political motivation, the same are separate from the crime of rebellion.

Under the present state of the law, rebellion is not longer punishable by prision mayor ad fine not exceeding 20,000. Any person merely participating or executing the commands of others in a rebellion or insurrection shall suffer the penalty of reclusion temporal.

Article 136. Conspiracy and proposal to commit coup detat, rebellion, or insurrection.

Conspiracies that are already punishable: 1. Conspiracy to commit coup detat 2. Conspiracy to commit rebellion3. Conspiracy to commit insurrection

Proposals that are already punishable: 1. Coup detat 2. Rebellion 3. Insurrection

Conspiracy to commit coup detat When there are two or more persons come to an agreement regarding the commission of coup detat and they decide to commit it

Conspiracy to commit rebellion or insurrection When two or more persons come to an agreement regarding the commission of rebellion or insurrection and they decide to commit it.

Proposal to commit coup detat When the person who has decided to commit coup detat proposes its execution to other persons

Proposal to commit rebellion or insurrection When the person who has decided to commit rebellion or insurrection proposes its execution to other persons

People vs Geronimo Merely agreeing and deciding to commit rebellion or merely proposing to commit rebellion is already punishable

People vs Lava Mere membership in the HMB is sufficient basis for declaring the accused guilty of conspiracy to commit rebellion

PEOPLE vs HERNANDEZ DEGREE of participation, when considered rebellion and when conspiracy. When a Huk member, not content with his membership, does anything to promote the ends of the rebellion like soliciting contributions or acting as courier here thereby becomes guilty of conspiracy, unless he takes to the field and joins in the rebellion.

OVERT ACTS are not necessary in conspiracy and proposal to commit rebellion. It is enough that there is an agreement and decision to commit the crime.

ARTICLE 137. Disloyalty of public officers or employees.

When public officers or employees who have failed to resist a rebellion by all the means in their power, or shall continue to discharge the duties of their offices under the control of the rebels or shall accept appointment to office under them.

How is disloyalty of public officers or employees committed? 1. By failing to resist a rebellion by all the means in their power or2. By continuing to discharge the duties of their offices under the control of the rebels or 3. By accepting appointment to office under them

THERE SHOULD BE NO CONSPIRACY. Otherwise, committing any of the acts of disloyalty under Article 137 will make an offender liable for rebellion.

ARTICLE 138. Inciting to rebellion or insurrection.

Any person who, without taking arms or being in open hostility against the Government, shall incite others to the execution of any of the acts specified in Article 134 of this Code, by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end.

Committed by any person Committed by inciting others to the execution of any of the acts specified in Article 134

Done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end. The persons to whom the incitements are addressed or directed should not actually commit the acts of rebellion under Article 134. If they do so, the persons incited shall be liable for rebellion as principals by direct participation and the persons inciting are liable as principals by inducement.

Article 139. SEDITION.

Committed by persons who rise publicly and tumultuously in order to attain by force, intimidation, or by other means outside of legal methods, with the following objectives:

1) To prevent the promulgation or execution of any law or the holding of any popular election

2) To prevent the National Government, or any provincial or municipal government or any public officer thereof from freely exercising its or his functions, or prevent the execution of any administrative order;

3) To inflict any act of hate or revenge upon the person or property of any public officer or employee;

4) To commit, for any political or social end, any act of hate or revenge against private persons or any social class; and

5) To despoil, for any political or social end, any person, municipality or province, or the National Government (or the Government of the United States), of all its property or any part thereof.

NATURE of sedition It is the raising of commotions or disturbances in the State. It is a political crime

Ponsica vs Ignalaga There is a need to maintain our law on sedition. To annul the same is to give license to those who seek the application of lawless methods in the advancement of their political views.

People vs Umali Whether the acts constitute sedition or rebellion will depend upon the purpose of the accused. The raiders did not even attack the Presidencia, the seat of local Government. Rather, the object was to attain by means of force, intimidation, etc. one object, to wit, to inflict an act of hate or revenge upon the person or property of a public official, namely, mayor Punzalan of Tiaong.

TUMULTUOS UPRISING The uprising is tumultuous if caused by more than three persons who are armed and provided with means of violence.

Sedition RebellionManner of commission It is enough that there is a public

uprising and the uprising is tumultuous

It is necessary that there be a public uprising and taking arms against the Government

Nature of the purpose The purpose may be political or social

The purpose is always political

Purpose Any of the objects enumerated in 139

Removal from the allegiance to the Philippine 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 deprivation of the Chief Executive or the Legislature, wholly or partially of any of their powers or prerogatives.

Example of preventing the holding of a popular election He hired armed goons in order to threaten the voters and prevent them, through the use of force and intimidation, from going to the election precinct in order to cast their votes.

Examples of preventing public officials from freely performing their official functions:

As the demolition team approached the community, they threw broken bottles, pieces of wood and stones. Some even fired at the approaching demolition team such that the intended demolition was prevented. The informal settlers are liable for sedition for preventing public officials from freely performing their duties.

For the purpose of frightening the Moros, the Constabulary soldiers fired the stoke mortar, which caused the defenders of the fort to flee, leaving the Government forces in possession thereof, where they found only the bodies of those who had been killed in this affray. The facts proven constitute the crime of sedition, the acts committed being limited to preventing the Government officials, through force, from complying with their duties in connection with a judicial order, the enforcement of which was entrusted to them.

Example of inflicting an act of hate or revenge upon the person or property or public officers People vs Cabrera: The gist of the information for sedition is the public and tumultuous uprising

of the Constabulary in order to attain by force and outside of legal methods the object of inflicting an act of hate and revenge upon the persons of the Manila police force by firing at them in several places in Manila.

Example of inflicting an act of hate or revenge against private persons or any social class for political or social ends.

US vs Lapus: The reason for the uprising was that the rich people were loaning money to farm laborers at usurious rates of interest and when they could not pay, they compelled the children to work for them as servants and that since the rich landowners continued oppressing the poor, they had to distubrn the town because the law must be equally applied to the rich and the poor.

US vs Apurado In sedition, the public and tumultuous uprising must concur with any of the objects of sedition.

People vs Hadji Common crimes are separate and distinct from sedition.

TREASON SEDITIONNature of the crime Breach of allegiance to the

Philippine GovernmentSedition is the raising of commotions or disturbances in the State

Manner of commission Committed by levying war against the Philippine Government or by adherence to the enemy giving the latter aid and comfort

Sedition may be committed by rising publicly and tumultuously in order to attain by force, intimidation or other means outside of legal methods any of the purposes specified in Article 139 of the Revised Penal Code

Purpose Political Political or socialTwo-witness rule Conviction in treason requires

that there be the testimony of at least two witnesses to the same overt act

Conviction in sedition does not require the two-witness rule. Proof beyond reasonable doubt is sufficient

Offender Committed by a Filipino citizen or a resident alien

May be committed by any person

Place of commission In the Philippines or outside of the Philippine territory

Sedition may be committed only within the Philippine territory