[Article 134] Rebellion or insurrection; Criminal Law Discussion
Summary
TLDRThis video discusses the crime of rebellion or insurrection under Article 134 of the Revised Penal Code. The crime involves public uprising and taking arms against the government with the intent to overthrow or secede from it. The video outlines the key elements of rebellion, including public uprising, taking arms, and the purpose behind the movement. It also explains the theory of absorption, where common crimes committed in furtherance of rebellion are absorbed into the charge of rebellion. Additionally, the video clarifies who is liable for rebellion and the importance of political motivation in determining criminal liability.
Takeaways
- 📜 The crime of rebellion or insurrection is defined under Article 134 of the Revised Penal Code of the Philippines.
- ⚔️ Rebellion or insurrection involves a public uprising and taking arms against the government.
- 🏛️ The main purpose of rebellion is to remove allegiance to the government or take control of a part of the Philippine territory.
- 🚫 Rebellion may also aim to deprive the Chief Executive or Congress of their powers.
- 🛡️ The uprising must involve actual fighting with government forces, not just propaganda or passive resistance.
- 📚 The elements of rebellion include public uprising, taking up arms, and a clear purpose to challenge government authority.
- 👥 Persons liable for rebellion include those who promote, maintain, or lead the insurrection, as well as participants in the rebellion.
- 📝 A person who performs acts on behalf of rebels, like signing documents or issuing receipts, is considered a leader of the rebellion.
- 🔗 The theory of absorption in rebellion states that crimes like murder or physical injuries committed in connection with rebellion are absorbed into the crime of rebellion.
- 💰 However, crimes committed for personal gain or without political motivation are not absorbed and are punished separately.
Q & A
What is the crime of rebellion or insurrection according to Article 134 of the Revised Penal Code?
-The crime of rebellion or insurrection is committed by publicly rising and taking arms against the government with the purpose of removing allegiance to the government, losing the territory of the Philippine Islands or any part of it, or depriving the chief executive or the legislature of their powers or prerogatives.
What are the elements of the crime of rebellion or insurrection?
-The elements of the crime are: (1) public uprising and taking arms against the government, and (2) the purpose of the uprising is to remove allegiance to the government, lose territory of the Philippines or any part of it, or deprive the chief executive or Congress of their powers or prerogatives.
What does the term 'public uprising' entail in the context of rebellion or insurrection?
-Public uprising involves an active movement against the government, which includes actual fighting with government soldiers or policemen, destruction of public property, kidnapping, or extortion. It is not a passive movement or just a propaganda war.
What are the possible objectives of a rebellion or insurrection?
-The objectives can include: (1) complete overthrow of the existing government, (2) partial overthrow or secession to form a separate government, or (3) annexing a portion of the territory to another country.
How is the Armed Forces involved in the context of rebellion or insurrection?
-The Armed Forces are the instruments of power by which the government enforces its will and preserves itself. During a rebellion, rebels may aim to destroy or seize control of the Armed Forces to undermine the government.
Who can be held liable for the crime of rebellion or insurrection?
-Persons liable include (1) any person who promotes, maintains, or heads a rebellion or insurrection, and (2) any person who participates in or executes the commands of others in the rebellion. If a leader is unknown, anyone who directs others, speaks for them, or performs similar acts on behalf of the rebels is considered a leader.
What is the 'theory of absorption' in the context of rebellion?
-The theory of absorption states that common crimes like homicide, murder, physical injuries, and arson committed in furtherance of or in connection with rebellion are absorbed into the crime of rebellion and not treated as separate offenses.
Are there any exceptions to the absorption of crimes in rebellion?
-Yes, crimes committed for private purposes or profit without any political motivation, such as killing or robbing, will be separately punished and not absorbed into the crime of rebellion.
Can someone be considered a leader in a rebellion if they are not publicly recognized as one?
-Yes, under Article 135 of the Revised Penal Code, anyone who directs others, signs receipts, issues documents, or performs similar acts on behalf of the rebels can be considered a leader, even if not publicly recognized as one.
What happens if common crimes are committed during a rebellion but with a different intent?
-If common crimes like murder or robbery are committed during a rebellion but with the intent for personal gain rather than political motivation, they are treated as separate crimes and are not absorbed into the rebellion charge.
Outlines
🗡️ Understanding Rebellion or Insurrection (Article 134)
This paragraph introduces the crime of rebellion or insurrection as governed by Article 134 of the Revised Penal Code. It defines rebellion or insurrection as a crime committed by rising publicly and taking arms against the government with the intent to remove allegiance to the government, deprive the Chief Executive or Legislature of their powers, or take control of any part of the territory of the Philippines. The paragraph also discusses how rebellion involves actual fighting, destruction of public property, and other violent acts, distinguishing it from mere propaganda or passive movements.
⚖️ Key Elements and Purpose of Rebellion
This section enumerates the key elements of the crime of rebellion or insurrection. First, it involves public uprising and taking up arms against the government. Second, the purpose of the uprising is to remove allegiance to the government, deprive the government of territory, or deprive the Chief Executive or Congress of their powers. The paragraph further elaborates on how rebellion might involve a complete overthrow of the government or secession of a portion of the territory to form an independent government. It also highlights the potential for external influence, such as making a portion of the territory part of another country.
👥 Individuals Liable for Rebellion
This paragraph discusses the individuals liable for rebellion, including those who promote, maintain, or head a rebellion, as well as those who participate or execute orders within the rebellion. It references Article 135 of the Revised Penal Code, which identifies anyone who directs others, speaks for them, or performs acts on behalf of rebels as a leader of the rebellion, even if the specific leader is unknown. The paragraph underscores the broad accountability within the structure of rebellion.
⚔️ Theory of Absorption in Rebellion
This section explores the theory of absorption in rebellion, where common crimes like homicide, murder, or physical injuries committed in connection with rebellion are absorbed into the crime of rebellion. However, it differentiates crimes committed for private gain or without political motivation, which are not absorbed and are punished separately. The paragraph provides examples of crimes that would and would not be absorbed, illustrating the distinction based on intent and context.
🔔 Conclusion and Call to Action
The final paragraph concludes the video with a call to action, encouraging viewers to share the video and subscribe to the channel if they found the content helpful.
Mindmap
Keywords
💡Rebellion
💡Insurrection
💡Article 134
💡Public Uprising
💡Taking Arms
💡Chief Executive
💡Legislature
💡Territory
💡Armed Forces
💡Absorption Doctrine
Highlights
Rebellion or insurrection is a crime governed by Article 134 of the Revised Penal Code.
The crime involves rising publicly and taking arms against the government to remove its authority or take over the Philippines' territory.
Public uprising and taking arms against the government are necessary elements for the crime of rebellion.
Rebellion is not a passive movement; it involves active fighting, destruction of property, and possible kidnapping or extortion.
The purpose of rebellion may include the complete or partial overthrow of the existing government or secession of a territory to form a new government.
The crime may also involve depriving the Chief Executive or Congress of any of their powers or prerogatives.
Persons liable for rebellion include those who promote, maintain, or lead the movement.
Participation in rebellion or execution of its activities makes one liable under Article 134.
Article 135 states that anyone directing others or performing acts on behalf of the rebels is considered a leader of the rebellion.
The theory of absorption in rebellion: common crimes committed in furtherance of rebellion are absorbed and not separately punished.
Common crimes like homicide or murder committed with political motivation in connection with rebellion are absorbed into the rebellion charge.
Crimes committed for private purposes or profit, without political motivation, are not absorbed and are punished separately.
If a crime is committed during rebellion without furthering the cause, it is not absorbed into the rebellion charge.
A person is not considered a leader in rebellion unless they are known to have directed or spoken for the rebels.
Rebellion requires both public uprising and the taking of arms against the government, distinguishing it from mere propaganda or passive resistance.
Transcripts
welcome back future criminologist
in this video we will be discussing the
crime of rebellion or insurrection
rebellion or insurrection the crime of
rebellion or insurrection is governed by
article 134 of the revised Penal Code
under article 134 rebellion or
insurrection is a crime committed by
rising publicly and taking arms against
the government for the purpose of
removing from the religions to set
government for its loss the territory of
the Philippine Islands or any part
thereof of anybody of land naval or
other armed forces depriving the chief
executive by the legislature wholly or
partially of any of their powers or
prerogatives it is an criminal Marin pan
publican PAGASA at paga meetin armas
labas a pamela an onlay unni Nieto a
para Pangolin and cata patent sapa
Mahalo an Omaha batas Nieto o para Ogawa
NAWAPA nary an Impala all his Latura
next from article 134 we can now
enumerate the elements of the crime of
rebellion or insurrection to wit first
there will be public uprising and taking
arms against the government second
purpose of the uprising or movement a
spider to remove from the allegiance to
said government or its loss
Tory of the Philippines or any part
thereof or anybody of land naval or
other Armed Forces or deprive the chief
executive or Congress wholly or
partially of any of their powers or
prerogative
let us discuss each of the elements
first element by rising publicly and
taking up arms against the government
then Kahana rebellion kapag my Rompin
public company alsa at paga Midna armas
labonza palma Holohan delle Wapato
public uprising at taking up arms
against the government the movement is
not a passive movement not just a
propaganda war but it involves actual
fighting with government soldiers or
policemen the destruction of public
property kidnapping or extortion and
South open rebellion I tuned in a lab on
an old banana Armas Laband semana
uniform in Kewanee Nampa Milan second
element purpose of the uprising or
movement la unión nan rebellion first
purpose removed from the allegiance to
said government or its loss the
territory of the Philippines or any part
thereof or anybody of land naval or
other Armed Forces willingly Union apart
angle in an kata Potenza Pamela
an Omaha Bottas neato gang territory
owned and Pilipinas oh and manba hog
neato
Oh animal Bahuguna santa hang lavas this
may either be a complete overthrow of
the existing government to be replaced
by that of the rebels but Bucknam boom
Pamela and Nadine from Rosen to Mindanao
it on Agnetha a tentative Ogden a power
grab it may also be a partial overthrow
or secession a portion of the territory
is taken away to form another government
different from an independent of the
existing government
halimbawa gusta nalang hawala and
Mindanao Sivan pilla penis at McGinn
separate country Mindanao it may also be
to him
a portion of the territory and to make
it part of the territory of another
country and in Benito I gaston Ellen
going part 9 China unless on sunup or in
de manera sat on bhai
with respect nom answer Armed Forces
songs and a Tujunga lavas the Armed
Forces are the instruments of power
decrease abortion of the government by
which it carries out and imposes its
will and preserve itself but on Armed
Forces a tamale wasa Pamela an awesome
honorable semana rebelde a Sahana not
enema effect Ohana adding Pamela on
second purpose deprive the chief
executive or Congress fully or partially
of any of their powers or prerogative
eaten a man a para a galvanic a Panera
Han Hong Kong Hulu or least Latura
tanda an po natin ang lahat tempeh Garza
I considered rebellion Dignan po natin
and laguna nila sapa garza next person's
liable or cinema by Muhammad Allah God
cinema ba and Marana caucus ala
muhammadin ago tie leaders and followers
particularly the following
first any person who promotes maintains
our heads rebellion or insurrection a
mechanic's azulon not poppin Attili own
amumu no non rebellion second any person
participating or executive documents of
others in a rebellion the tournament
Amata own Aquila hawk all somos uno de
semana leader what if the leader is
unknown
Hanuman particular young leader article
135 of the revised penal code states
that any person who in fact directed the
others spoke for them signed receipts
and other documents issued in the name
or perform similar acts on behalf of the
rebels shall be deemed a leader of such
a rebellion
so página gamma mana banget considered
gang leader whether in poetry Mamata una
caja as leader param Emma's Matas pasa
Chania nandan 18 kilala next topic
theory of absorption in rebellion if
common crimes like homicide murder
physical injuries and Arizona have been
committed in furtherance of in
connection with rebellion then it is
considered absorbed in the crime of
rebellion toyamakk remain neguin ovum Oh
oppa Mohammad Munna you Nina rebellion
Etan murder homicide cetera a Hindi map
a panic separate Lisa rebellion in d-pod
a la Banque remaining Akaka socio
in salon Kondik rebellion take note
however that killing robbing Satara for
private purposes or profit without any
political motivation would be separately
punished and will not be absorbed in the
rebellion
halimbawa jabón agree rebel decay Oh
Nikita most enemy number one Panetta
Musa Dagh his Garret capper in sahaja
yoga in Pune ito ay hindi bhama absorbs
a rebellion gossipy not a muchacha
Panzarella moon la union support kakuzu
hanka de la langue Cosmo
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