[Article 134] Rebellion or insurrection; Criminal Law Discussion

Discussions in Criminal Law Book 2

30 May 202007:56

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

00:00

🗡️ 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.

05:01

⚖️ 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

Rebellion refers to an act of rising publicly and taking arms against the government with the purpose of overthrowing or resisting authority. In the video, it is described as a crime governed by Article 134 of the Revised Penal Code in the Philippines. The script explains that rebellion involves not just passive opposition but active fighting, destruction of property, and other aggressive acts aimed at challenging the government’s power.

💡Insurrection

Insurrection is closely related to rebellion and involves an organized attempt to overthrow a government or authority by force. The video discusses insurrection as part of the crime defined under Article 134, highlighting that it involves public uprising and armed resistance aimed at removing allegiance to the government or altering its control over parts of the country.

💡Article 134

Article 134 of the Revised Penal Code is the legal provision that defines and governs the crime of rebellion or insurrection in the Philippines. The video emphasizes this article as the basis for understanding what constitutes rebellion, listing the necessary elements such as public uprising, taking arms, and the intent to disrupt government powers or territory.

💡Public Uprising

A public uprising is a collective action where a group of people rise openly against the government, often involving demonstrations, protests, or armed resistance. In the video, public uprising is identified as a key element of rebellion, distinguishing it from mere propaganda or passive resistance by its active and often violent nature.

💡Taking Arms

Taking arms refers to the act of arming oneself with weapons to fight against the government. This is a critical component of the crime of rebellion or insurrection as defined in the video, where it is mentioned that the use of weapons is not just symbolic but involves actual combat with government forces.

💡Chief Executive

The Chief Executive typically refers to the President or the head of government. In the context of the video, the Chief Executive is one of the targets in a rebellion, where the intent may be to deprive this leader of their powers or overthrow their authority altogether.

💡Legislature

The Legislature is the branch of government responsible for making laws. The video discusses how rebellion or insurrection may aim to deprive the legislature of its powers, either wholly or partially, as part of the rebels’ objectives to disrupt the functioning of the government.

💡Territory

Territory in this context refers to the land and regions under the jurisdiction of a government. The video mentions that a key objective of rebellion could be to remove parts of the Philippine territory from government control, whether to establish an independent state or to integrate it into another country.

💡Armed Forces

The Armed Forces are the military units responsible for defending the state and enforcing its laws. In the video, the Armed Forces are identified as a primary target of rebellion, with the aim being to disrupt their ability to carry out government orders and maintain control over the country.

💡Absorption Doctrine

The Absorption Doctrine is a legal principle discussed in the video, stating that when common crimes (like homicide or physical injuries) are committed in furtherance of rebellion, they are absorbed into the crime of rebellion and not prosecuted separately. This principle highlights how rebellion encompasses various illegal acts under a single criminal charge.

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.