Conspiracy and Proposal to Commit Rebellion, Coup d'etat or Insurrection
On Criminal Law
Conspiracy and Proposal to Commit Rebellion, Coup d'etat or Insurrection
ART. 136.
Conspiracy and proposal to commit coup d'etat, rebellion or insurrection. - The conspiracy and proposal to commit coup d'etat shall be punished by prision mayor in minimum period and a fine which shall not exceed eight thousand pesos (P8,000.00).
The conspiracy and proposal to commit rebellion or insurrection shall be punished respectively, by prision correccional in its maximum period and a fine which shall not exceed five thousand pesos (P5,000.00) and by prision correccional in its medium period and a fine not exceeding two thousand pesos (P2,000.00). (As amended by R.A. 6968, approved October 24, 1990).
ELEMENTS OF CONSPIRACY:
1. Two or more persons come to an agreement to rise publicly and take arms against the government;
2. For any of the purposes of rebellion; and
3. They decide to commit it.
ELEMENTS OF PROPOSAL:
1. A person who has decided to rise publicly and take arms against the government;
2. For any of the purposes of rebellion; and
3. Proposes its execution to some other person/s.
NOTES:
Conspiracy - when two or more persons come to an agreement to rise publicly and take arms against government for any of the purposes of rebellion and decide to commit it.
Proposal - when the person who has decided to rise publicly and take arms against the government for any of the purposes of rebellion proposes its execution to some other person or persons.
Organizing a group of soldiers, soliciting membership in, and soliciting funds for the organization show conspiracy to overthrow the government.
The mere fact of giving and rendering speeches favoring Communism would not make the accused guilty of conspiracy if there is no evidence that the hearers then and there agreed to rise up in arms against the government.
The advocacy of Communism or Communistic theory is not a criminal act of conspiracy unless converted into advocacy of action.
People vs. Hernandez
Only when the Communist advocates action and actual uprising, war or otherwise, does he become guilty of conspiracy to commit rebellion.
Bar Exam Question (1994)
Art 136; Conspiracy to Commit Rebellion (1994)
VC, JG. GG and JG conspired to overthrow the Philippine Government. VG was recognized as the titular head of the conspiracy. Several meetings were held and the plan was finalized. JJ, bothered by his conscience, confessed to Father Abraham that he, VG, JG and GG have conspired to overthrow the government. Father Abraham did not report this information to the proper authorities. Did Father Abraham commit a crime? If so, what crime was committed? What is his criminal liability?
Suggested Answer:
No, Father Abraham did not commit a crime because the conspiracy involved is one to commit rebellion, not a conspiracy to commit treason which makes a person criminally liable under Art 116, RPC. And even assuming that it will fall as misprision of treason, Father Abraham is exempted from criminal liability under Art. 12, par. 7, as his failure to report can be considered as due to "insuperable cause", as this involves the sanctity and inviolability of a confession. Conspiracy to commit rebellion results in criminal liability to the co-conspirators, but not to a person who learned of such and did not report to the proper authorities (US vs. Vergara, 3 Phil. 432; People vs. Atienza. 56 Phil. 353).
ART. 136.
Conspiracy and proposal to commit coup d'etat, rebellion or insurrection. - The conspiracy and proposal to commit coup d'etat shall be punished by prision mayor in minimum period and a fine which shall not exceed eight thousand pesos (P8,000.00).
The conspiracy and proposal to commit rebellion or insurrection shall be punished respectively, by prision correccional in its maximum period and a fine which shall not exceed five thousand pesos (P5,000.00) and by prision correccional in its medium period and a fine not exceeding two thousand pesos (P2,000.00). (As amended by R.A. 6968, approved October 24, 1990).
ELEMENTS OF CONSPIRACY:
1. Two or more persons come to an agreement to rise publicly and take arms against the government;
2. For any of the purposes of rebellion; and
3. They decide to commit it.
ELEMENTS OF PROPOSAL:
1. A person who has decided to rise publicly and take arms against the government;
2. For any of the purposes of rebellion; and
3. Proposes its execution to some other person/s.
NOTES:
Conspiracy - when two or more persons come to an agreement to rise publicly and take arms against government for any of the purposes of rebellion and decide to commit it.
Proposal - when the person who has decided to rise publicly and take arms against the government for any of the purposes of rebellion proposes its execution to some other person or persons.
Organizing a group of soldiers, soliciting membership in, and soliciting funds for the organization show conspiracy to overthrow the government.
The mere fact of giving and rendering speeches favoring Communism would not make the accused guilty of conspiracy if there is no evidence that the hearers then and there agreed to rise up in arms against the government.
The advocacy of Communism or Communistic theory is not a criminal act of conspiracy unless converted into advocacy of action.
People vs. Hernandez
Only when the Communist advocates action and actual uprising, war or otherwise, does he become guilty of conspiracy to commit rebellion.
Bar Exam Question (1994)
Art 136; Conspiracy to Commit Rebellion (1994)
VC, JG. GG and JG conspired to overthrow the Philippine Government. VG was recognized as the titular head of the conspiracy. Several meetings were held and the plan was finalized. JJ, bothered by his conscience, confessed to Father Abraham that he, VG, JG and GG have conspired to overthrow the government. Father Abraham did not report this information to the proper authorities. Did Father Abraham commit a crime? If so, what crime was committed? What is his criminal liability?
Suggested Answer:
No, Father Abraham did not commit a crime because the conspiracy involved is one to commit rebellion, not a conspiracy to commit treason which makes a person criminally liable under Art 116, RPC. And even assuming that it will fall as misprision of treason, Father Abraham is exempted from criminal liability under Art. 12, par. 7, as his failure to report can be considered as due to "insuperable cause", as this involves the sanctity and inviolability of a confession. Conspiracy to commit rebellion results in criminal liability to the co-conspirators, but not to a person who learned of such and did not report to the proper authorities (US vs. Vergara, 3 Phil. 432; People vs. Atienza. 56 Phil. 353).
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