Atty. Julius Gregory Delgado
ON SEDITION AND INCTING TO SEDITION
First of a Two-Part Series
Sedition (Article 139) and Inciting to Sedition (Article 142) are both classified as Crimes Against Public Order under the Revised Penal Code along with Rebellion or Insurrection (Article 134) and coup d’ etat (Article 134-A). Both Sedition and Inciting to Sedition cases are rarely filed, hence, there may not be too many decided cases by the Supreme Court on these felonies. These crimes against public order are generally committed, in the case of Insurrection or Rebellion by public uprising and taking-up arms against the Government; or for coup d’ etat, through a swift attack accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines or any military camp or installation and important utilities and facilities necessary for the exercise and continued possession of the power of the government. For the crime of Sedition, it is committed by rising publicly and tumultuously or use of force, intimidation or means outside of legal method to attain its purposes.
Generally, crimes against public order involve violence, uprising and use of arms, force, violence, intimidation, threat, or any other means alike for the purpose of attaining its objectives which is generally to destabilize, subvert, or undermine the Government or duly constituted authorities. It differs, however, with respect to Inciting to Sedition under Article 142 of the Revised Penal Code as it does not require the presence of rising publicly and tumultuously or the use of force, intimidation or means outside of legal method.
How then is Inciting to Sedition Committed? There are three (3) ways or instances which Inciting to Sedition may be committed:
- 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, as follows:
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 142 in relation to Article 139)
- By uttering 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
- instigate others to cabal and meet together for unlawful purposes, or
- suggest or incite rebellious conspiracies or riots, or
- 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. (Article 142)
3. Knowingly conceal such evil practices. (Article 142)
In the first two instances, it is not needed that the objectives mentioned be achieved or are committed. The keyword is the “tendency” of an act or series of acts to achieve any of these objectives or scenarios. The law punishes Inciting to Sedition by way of preventive measure to avoid violence, chaos, disorder, and tumult from happening. In the next part, we will discuss the similarity of the second way or instance of committing Inciting to Sedition to that of Libel and jurisprudence decided on Inciting to Sedition.