[Article 134] Rebellion or insurrection; Criminal Law Discussion

Summary

This 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.