1. Concept
| Article 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 thereof from 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 persons or any social class; and |
| 5. To despoil, for any political or social end, any person, municipality or province, or the National Government (or the Government of the United States), of all its property or any part thereof. (Act No. 3815, Revised Penal Code) |
2. Mode of commission
Elements of the offense:
1) The offender rises publicly and tumultuously;
2) He does so in order to attain by force, intimidation, or by other means outside of legal methods, any of the following objects:
a) To prevent the promulgation or execution of any law or the holding of any popular election;
b) To prevent the National Government, or any provincial or municipal government or any public officer thereof from freely exercising its or his functions, or prevent the execution of any administrative order;
c) To inflict any act of hate or revenge upon the person or property of any public officer or employee;
d) To commit, for any political or social end, any act of hate or revenge against private persons or any social class; and
e) To despoil, for any political or social end, any person, municipality or province, or the National Government (or the Government of the United States), of all its property or any part thereof. (Article 139, Ibid.)
References
⦁ Title 3 – Crimes Against Public Order, Book 2, Revised Penal Code
