Monday, February 27, 2006

Sedition & Inciting to Sedition

The buzz words by law enforcement officials today are sedition and inciting to sedition.
Sedition and inciting to sedition are two separate felonies that are punishable under our Revised Penal Code.
The felony of Sedition is one ofthe crimes against the public order and is can be found in Article 139 of the Revised Penal Code. It states:
"Art. 139. Sedition - How committed. The crime of sedition is committed by persons who rise publicly and tumultuously in order to attain by force, intimidation, or by other means outside of legal methods, any of the following objects:
1.To prevent the promulgation or execution of any law or the holding of any popular election;
2. To prevent the National Government, or any provincial or municipal government,or any public officer therefrom freely exercising its or his functions, or prevent the execution of any administrative order;
3. To inflict any act of hate or revenge upon the person or property of any public officer or employee;
4. To commit, for any political or social end, any act of hate or revenge against private person or any social class; and
5. To despoil, for any political or social end, any person municipality or province, or the National Government of all its property or any part thereof."
Inciting to Sedition, meanwhile is a different felony under Article 142 of the Revised Penal Code:
"Art. 142. Inciting to sedition. - The penalty of prision correccional in its maximum period and fine not exceeding 2,000 pesos shall be imposed upon any person who, without taking any direct part in the crime of sedition, should incite others to the accomplishment of any of the acts which constitute sedition, by menas of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end, or upon any person or persons who shall utter seditious words or speeches, write, publish, or circulate scurrilous libels against the Government of the Philippines, or any of the duly constituted authorities thereof, which tend to disturb or obstruct any lawful officer in executing the functions of his office, or which tend to instigate others to cabal and meet together for unlawful purposes, or which suggest or incite rebellious conspiracies or riots, or which lead or tend to stir up the people agasint the lawful authorities or to disturb the peace of the community, the safety and order of the Government, or who shall knowingly conceal such evil practices."

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