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Consti 2 Mnemonic

This document discusses various crimes against the government including treason, rebellion, sedition, mutiny, arbitrary detention, illegal detention, unlawful arrest, coup d'etat, rebellion, illegal assembly, and illegal association. Treason involves breaching allegiance to deliver the government to an enemy. Rebellion aims to substitute the existing government, while sedition seeks to disturb public peace. Arbitrary detention involves unlawful denial of liberty by a public officer. Rebellion and coup d'etat both aim to seize power but rebellion involves civilians while a coup involves the military or police. Illegal assembly involves gathering for an illegal purpose defined by law, while illegal association involves organizing for an unlawful purpose against public welfare.

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142 views2 pages

Consti 2 Mnemonic

This document discusses various crimes against the government including treason, rebellion, sedition, mutiny, arbitrary detention, illegal detention, unlawful arrest, coup d'etat, rebellion, illegal assembly, and illegal association. Treason involves breaching allegiance to deliver the government to an enemy. Rebellion aims to substitute the existing government, while sedition seeks to disturb public peace. Arbitrary detention involves unlawful denial of liberty by a public officer. Rebellion and coup d'etat both aim to seize power but rebellion involves civilians while a coup involves the military or police. Illegal assembly involves gathering for an illegal purpose defined by law, while illegal association involves organizing for an unlawful purpose against public welfare.

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TREASON

It is a breach of allegiance to the government, committed by a person who owes


allegiance to it. Allegiance: obligation of fidelity and obedience. It is permanent or
temporary depending on whether the person is a citizen or an alien.

Treason distinguished from Rebellion.

The manner in which both crimes are committed in the same. In treason however, the purpose
of the offender is to deliver the government to the enemy country or to a foreign power.
In rebellion, the purpose of the rebels is to substitute the government with their own form
of government. No foreign power is involved.

Treason distinguished from Sedition.

In treason, the offender repudiates his allegiance to the government by means of force or
intimidation. He does not recognize the supreme authority of the State. He violates his
allegiance by fighting the forces of the duly constituted authorities.

In sedition, the offender disagrees with certain policies of the State and seeks to disturb
public peace by raising a commotion or public uprising.

Mutiny is the unlawful resistance to a superior officer, or the raising of commotions and disturbances aboard a ship against the
authority of its commander.

Distinction between arbitrary detention and illegal detention

1. In arbitrary detention --

The principal offender must be a public officer. Civilians cannot commit the crime of arbitrary detention except when
they conspire with a public officer committing this crime, or become an accomplice or accessory to the crime committed
by the public officer; and

The offender who is a public officer has a duty which carries with it the authority to detain a person.

2. In illegal detention --

The principal offender is a private person. But a public officer can commit the crime of illegal detention when he is
acting in a private capacity or beyond the scope of his official duty, or when he becomes an accomplice or accessory to
the crime committed by a private person.

The offender, even if he is a public officer, does not include as his function the power to arrest and detain a person,
unless he conspires with a public officer committing arbitrary detention.

Distinction between arbitrary detention and unlawful arrest


(1) As to offender

In arbitrary detention, the offender is a public officer possessed with authority to make arrests.

In unlawful arrest, the offender may be any person.

(2) As to criminal intent

In arbitrary detention, the main reason for detaining the offended party is to deny him of his liberty.

In unlawful arrest, the purpose is 1) to accuse the offended party of a crime he did not commit; 2) to deliver the person
to the proper authority; and 3) to file the necessary charges in a way trying to incriminate him.

When a person is unlawfully arrested, his subsequent detention is without legal grounds.

The crime of rebellion is essentially a political crime. The intention of the rebel is to substitute himself in place of those who are
in power. His method of placing himself in authority with the use of violence, duress or intimidation, assassination or the
commission of common crimes like murder, kidnapping, arson, robbery and other heinous crimes in what we call rebellion.

Rebellion 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 govt authority w/ respect to particular matters or subjects.

REBELLION v. COUP D ETAT

Rebellion is committed by any person whether a private individual or a public officer whereas in coup detat, the offender is a
member of the military or police force or holding a public office or employment.

In rebellion, the object is to alienate the allegiance of a people in a territory, whether wholly or partially, from the duly constituted
government; in coup detat, the object or purpose is to seize or diminish state power.

In both instances, the offenders intend to substitute themselves in place of those who are in power.

Tumultuous is a situation wherein the disturbance or confusion is caused by at least four persons. There is no requirement that
the offenders should be armed.

Distinction between ILLEGAL ASSEMBLY and ILLEGAL ASSOCIATION

In illegal assembly, the basis of liability is the gathering for an illegal purpose which constitutes a crime under the Revised Penal
Code.

In illegal association, the basis is the formation of or organization of an association to engage in an unlawful purpose which is not
limited to a violation of the Revised Penal Code. It includes a violation of a special law or those against public morals. Meaning
of public morals: inimical to public welfare; it has nothing to do with decency., not acts of obscenity.

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