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Rebellion Or Insurrection

ART. 134.

ELEMENTS:
1. That there be a public armed uprising; and
2. That the purpose of the uprising or movement is either:
    a. to remove from the allegiance to said government or its laws the territory of the
       Philippines or any part thereof or any body of land, naval or other armed forces, or
    b. to deprive the chief executive or congress, wholly or partially, of any
       of their powers or prerogatives.

PERSONS LIABLE:
1. Any person who:
    (a) promotes,
    (b) maintains, or
    (c) heads a rebellion or insurrection (leader);
2. Any person merely participating or executing the command of others in
   rebellion (participant); and
3. Any person who in fact directed the others, spoke for them, signed receipts and other
   documents issued in their name, or performed similar acts, on behalf of the
   rebels (person deemed leader when leader is unknown)

NOTES:

POLITICAL CRIMES – are those directly aimed against the political order, as well as
such common crimes as may be committed to achieve a political purpose.
The decisive factor is the intent or motive.

Rebellion is the term used where the object of the movement is completely to
overthrow and supersede the existing government.

Insurrection refers to a movement which seeks merely to effect some change of
minor importance to prevent the exercise of governmental authority w/ respect to
particular matters or subjects.

Purpose of the uprising must be shown but it is not necessary that it be
accomplished.

If there is no public uprising, the crime is direct assault.

Mere giving of aid or comfort is not criminal in the case of rebellion. There
must be ACTUAL participation.

people vs. Hernandez ruling:
    rebellion cannot be complexed with ordinary crimes done pursuant to it

people vs. Geronimo ruling:
    crimes done for private purposes without political motivation should be
    separately punished

Enrile vs. Salazar ruling: upheld Hernandez
    Thus: Rebellion absorbs other crimes committed in furtherance of rebellion.
    Illegal possession of firearms in furtherance of rebellion is absorbed by
    the crime of rebellion. A private crime may be committed during rebellion.
    Rape, even if not in furtherance of rebellion cannot be complexed with
    rebellion.

Rebellion is a continuing crime along with the crime of conspiracy and proposal
to commit rebellion.

People v.Fernando
If killing or robbing were done for private purposes or for profit, without any
political motivation, the crime would be separately be punished and would not
be embraced by rebellion

If the leader is unknown, a person is deemed a leader of rebellion if he:
a. directed the others
b. spoke for them
c. signed receipts and other documents issued in their name, and
d. performed similar acts on behalf of the rebels.

Diverting public funds is malversation absorbed in rebellion.

Public officer must take active part, because mere silence or omission is not
punishable as rebellion.

In rebellion, it is not a defense that the accused never took the oath of
allegiance, or that they never recognized the government.

People v. Lovedioro (1995)
The political motive of the act should be clearly demonstrated. If this could not
be done, the accused should be convicted of the common crime not of rebellion.

Ponce Enrile v Amin (1990)
All crimes, whether punishable under special a or general law, which are mere
components or ingredients, or committed in furtherance thereof, become absorbed
in the crime or rebellion and cannot be isolated and charged as separate
crimes themselves.

Rebellion is not covered by Art. 2 on extraterritorial jurisdiction.

Rebellion cannot be complexed with, but absorbs other crimes committed
in furtherance of rebellion. There is no complex crime of rebellion with
murder and other common crimes.

There is no crime of misprision of rebellion.

Rebellion - more frequently used where the object of the movement is completely
to overthrow and supersede the existing government (Reyes, citing 30 Am. Jr. 1)

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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