Lecture on Rebellion and Insurrection

Definition and Elements

• Rebellion or Insurrection: Defined under Article 134 and 135 of the Revised Penal Code.

  • Committed by rising publicly and taking arms against the government.
  • Aims:
    • Removing allegiance to the government or its laws in any part of the Philippines.
    • Deprivation of the executive or legislative powers.

• Elements of Rebellion:

  1. Public uprising and taking arms against the government.
  2. Purpose to remove government allegiance or deprive powers.

Nature of Rebellion

• Described as an armed public uprising.
• Regarded as a "crime of masses or multitudes," involving crowd action.
• Supreme Court Ruling (People vs. La Vidoro):
  • No specific number of people required to constitute rebellion.
  • Nature of arms not specified; public awareness of purpose is crucial.

Key Points

• Public Uprising:
  • Public must be aware of the purpose to overthrow the government.
• Rebellion as a Continuing Crime:
  • Continues as long as arms are taken against the government.
  • No need for overt acts to be present at the time of arrest (e.g., without a warrant).

Legal Precedents and Cases

• U.S. vs. Constantino:

  • Attacks on police or kidnapping not enough to show rebellion.

• Garcia Padilla vs. Enrile:

  • Rebels can be arrested anytime without a warrant due to the continuing nature of the crime.

• Umil vs. Ramos:

  • Subversion seen as a continuing offense.
  • Justification for warrantless arrest based on probable cause.

Rebellion vs. Common Crimes

• Crimes committed in furtherance of rebellion are absorbed by rebellion.
• People vs. Hernandez:
  • Political crimes aimed against the state.
  • Common crimes committed with political intent are absorbed.

Implications of Anti-Terrorism Law

• Anti-Terrorism Council Resolution (2020):
  • Declared the CPP-NPA as a terrorist organization.
  • Members can be charged with terrorism under RA 11479.

Examples and Applications

• Examples show how common crimes like murder, kidnapping, etc., in rebellion contexts, are absorbed by rebellion.
• Rebellion is not complexed with other crimes:
  • Only simple rebellion is charged, not complex crimes like rebellion with murder.

Conclusion

• Rebellion involves significant legal interpretations around the intent and nature of crimes committed.
• Importance of understanding rebellion’s absorption principle to distinguish it from common crimes.