This document discusses and compares various crimes against public order and safety in Philippine law. It defines and distinguishes between rebellion, subversion, sedition, direct assault, illegal possession of firearms, and alarm and scandal. Rebellion involves public uprising with force against the government to overthrow it. Subversion entails membership in a subversive organization against national security. Sedition involves public protest through illegal means to prevent government functions. Direct assault employs force to attain rebellion/sedition objectives or attacks authorities. Illegal firearms possession is absorbed by rebellion and enhances sedition. Alarm and scandal involves disturbing acts like firearm discharges in public places.

1. BY: CHELDY SYGACO ELUMBA-PABLEO, MPA,Ll.B
CRIMINAL LAW I

2.  Public uprising/taking of arms against the government
 Involves a multitude of people
 Does not require that the principal participant be members of
the AFP, PNP or any public officers
 CRIMINAL OBJECTIVE: is to overthrow the government and
the offenders to establish their own
 Always committed through force and violence.
 It is not covered by Art. 2 on extra-territorial jurisdiction.

3.  Swift attack against the government
 May be committed singly or collectively
 Requires as a principal offender a member of the AFP, PNP or a
public officer with or without civilian support
 OBJECTIVE: is to destabilized, immobilize or paralyze the existing
government by taking over such facilities and utilities essential to
the continued exercise of government mental powers
 Committed through force, violence, intimidation, threat, strategy
or stealth

4.  In PP vs Liwanag
REBELLION SUBVERSION
1. Committed by public uprising and
taking arms against the Government
1. Punishes affiliation or membership
in a subversive organization
2. Crime against public order 2. Like treason, is a crime against
national security
3. Use of force and violence 3. Acts do not only constitute force
and violence but may partake of other
forms

5. Crime of dissenters or protesters acting outside of
legal means authorized under the freedom of
expression and of assembly under the Constitution.
Committed by person who:
1. Rise publicly and tumultuously
2. In order to attain by force, intimidation or by other
means outside of legal methods

6. OBJECTIVES:
1. Preventing the promulgation or execution of any law
2. Preventing the holding of any popular election
3. Preventing the exercise of public function
4. Preventing the execution of administrative order

7.  OBJECTIVES:
7. Inflicting any act of hate or revenge upon the person or
property of any public officer or employee
8. Committing any act of hate or revenge against private person
or any social class for political or social ends
9. Despoiling for political or social and any person, government
agency or instrumentality of all its property or any part thereof.

8. REBELLION SEDITION
1. PURPOSE: political –to overthrow the
duly constituted government.
1. PURPOSE: political or social—for
carrying out protest against a social class
or disobedient from a governmental
action and not for the purpose of
overthrowing the government.
2. USE OF FIREARMS is essential, it is an
ingredient of rebellion, hence the offender
cannot be prosecuted for illegal
possession of firearms because this is
absorbed in rebellion.
2. USE OF FIREARMS used to be not an
essential ingredient of sedition. However,
R.A. 8294– sedition absorbs the use of
unlicensed firearms as element hence not
aggravating

9. (no uprising) which is committed by
any person who:
1. Without a public uprising
2. Shall employ force or intimidation
3. For the attainment of any of the purposes
enumerated in defining the crimes of rebellion and
sedition.

10.  2 WAYS OF COMMITTING DIRECT ASSAULT:
1. By employing violence or force for the purpose of attaining
any of the purposes of rebellion or sedition EXCEPT that the
offenders are not numerous enough to constitute public
uprisings. The offended need not be a public officer but may
be certain social class.
2. By attacking or laying hands upon a person in authority or an
angent of a person in authority.

11. (Atentado) are:
1. There must be an attack, use of force or serious intimidation or resistance
upon a person in authority or his agent;
2. The assault was made when the said person was performing his duties or
on the occasion of such performance;
3. The accused knew that the victim is a person in authority or his agent.
e.g. : the accused must have the intention to offend, injure or assault the
offended party as a person in authority or an agent of a person in authority.

12. Is any public officer vested with
jurisdiction recognized in law and
clothed with authority in law, whether
individually or as a member of board or
corporate body

13.  INCLUDES:
1. Barangay Chairman
2. Members of Lupong Tagapagkasundo (as expressly provided
under the Local Government Code, R.A. 7160)
3. Teachers Only for the purpose of Art. 152 in relation to
4. Lawyers Art. 148 & 151 and in connection with their
5. Head of Schools duties. (absence of knowledge not liable
for Direct Assault)

14.  Any person who by direct provision of the law, by election or
appointment by competent authority is charged with the
maintenance of order and protection and security of life and
property.
 EXAMPLE:
1. Councilman
2. Policeman
3. Includes any person who comes to the aid of a person in
authority

15.  The laying of hand upon a person in authority is a qualifying
circumstance but not in upon an agent in a person in authority.
 Resistance and disobedience upon a person in authority is ALWAYS
serious but may or may not serious upon an agent of a person in
authority.
 NOTA BENE: IF the laying of hands is not by reason of his being a
person in authority or in the performance of his function—it does not
amount to direct assault, the crime is qualified less physical injuries.
 If it amounts Direct Assault-it is direct assault with less serious injuries.

16.  Resistance and disobedience is merely a reaction of the offender
whereas Direct Assault is an act of aggression.
EXCEPTION TO THE GENERAL RULE:
 If in exercise of authority, the person in authority or his agent acted
in an illegal manner or beyond his authority, he ceases to be a
public officer but is acting in his private capacity.
NOTE: one is deemed a public officer only when acting within the
scope of his authority.

17.  COVERED CRIMES:
1. Serious disturbance in any public place, office or establishment.
2. Interruption or disturbance of public performance, function, or gathering if the act
is covered by:
A. Interruption of peaceful meetings (Art. 131)
B. Interruption of religious worship (Art. 132)
3. Making any outcry tending to incite to rebellion or sedition, displaying cards or
emblems which disturb public order.
4. Burying with pomp the body of a person legally executed (death penalty-
unenforceable per R.A. 9346)

18. 1. Serious disturbance of public order under Art. 153, par. 1
2. Interruption, prohibition and disturbance of peaceful meeting under Art.
131 if the public officer who disturbed the meeting is not a participant
thereof.
3. Interruption of religious worship under Art. 132 if committed by public
officer against a religious manifestation.
4. Alarms and scandal under Art. 155 if disturbance is not serious
5. Inciting to rebellion or inciting to sedition under Art. 138 or 142 if that is
the original criminal intent of the person who made statements that tend
to incite the listeners to rebellion or sedition.

19.  CRIMES PENALIZED UNDER ART. 155 ARE:
1. Discharge of firearms (not under Art. 254), firecrackers and
other explosives in public causing alarm and danger.
2. Charivari or other disorderly meeting
3. Engaging in a nocturnal amusement disturbing the public
place
4. Any disturbance or scandal in public places not amounting to
tumultuous under Art. 153

20. 1. ALARM AND SCANDAL– when the offender discharges a firearm in a
public place but is not pointed to a particular person.
2. ILLEGAL DISCHARGE OF FIREARMS—if the firearm was directed to a
particular person and discharged BUT without intent to kill. (if the person was
hit and injured, the crime would be physical injuries depending upon the
severity of the injury because there is NO INTENT to kill.)
3. ATTEMPTED HOMICIDE OR MURDER– in case the firearm was pointed to
a particular person and fired WITH INTENT to kill. (it has been held that when
a person uses lethal weapon against another, such as firearm, intent to kill is
inherent even if he was not hit)

21. 4. PHYSICAL INJURIES– if the person was hit and injured but
there was no intent to kill.
5. GRAVE THREAT—if the weapon is not discharged but merely
pointed to another threatening the commission of a wrong and
imposing condition.
6. OTHER LIGHT THREAT– if drawn in a quarrel but not in self-
defense.
7. GRAVE COERRCION-- if the threat was direct, immediate
and something against his will.

22. —is a mock serenade where the offender
actually disturbs the peace by using cans, pans,
utensils, etc. equivalent to breach of the peace in
municipal ordinances.
– if the act is directed to annoy a
particular person, family which is a light form of
coercion under Art. 287, par. 2.

23. THANK YOU FOR READING!
CHELDHAYE