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Inciting to sedition, A142 Revised Penal Code

1. Concept

Art. 142. Inciting to sedition. – The penally of prisión correccional in its maximum period and a fine not exceeding Four hundred thousand pesos (₱400,000) 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 means 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, or any of the duly constituted authorities thereof, or 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 against 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. (Act No. 3815, Revised Penal Code)

2. Modes of commission

2 modes of committing the offense:

1) Inciting others to the accomplishment of any of the acts which constitute sedition, by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end; or

2) Uttering seditious words or speeches, writing, publishing, or circulating scurrilous libels against the Government of the Philippines, or any of the duly constituted authorities thereof, or 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 against 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.

a. Inciting others to the accomplishment of any of the acts which constitute sedition

Elements of the offense:

1) The offender incites others to the accomplishment of any of the acts which constitute sedition, by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end; and

2) He commits such acts without taking any direct part in the crime of sedition.

b. Uttering seditious words or speeches, writing, publishing, or circulating scurrilous libels against the Government of the Philippines, etc.

Elements of the offense:

1) The offender utters seditious words or speeches, write, publish, or circulate scurrilous libels against the Government of the Philippines, or any of the duly constituted authorities thereof, or 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 against 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; and

2) He commits such acts without taking any direct part in the crime of sedition.

References

Title 3 – Crimes Against Public Order, Book 2, Revised Penal Code

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