1. Concept
| Article 138. Inciting a rebellion or insurrection. – The penalty of prision mayor in its minimum period shall be imposed upon any person who, without taking arms or being in open hostility against the Government, shall incite others to the execution of any of the acts specified in article 134 of this Code, by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end. (Act No. 3815, Revised Penal Code) |
2. Mode of commission
Elements of the offense:
1) The offender incites others to the execution of any of the acts specified in Article 134 of the RPC;
2) He commits such acts by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end; and,
3) He commits them without taking arms or being in open hostility against the Government
References
⦁ Title 3 – Crimes Against Public Order, Book 2, Revised Penal Code
