Atty. Julius Gregory Delgado
ON SEDITION AND INCITING TO SEDITION
Second of a Two-Part Series
In the first part of this series, we discussed the distinction between Sedition (Article 139) and Inciting to Sedition (Article 142). Both being “Crimes Against Public Order” under the Revised Penal Code, while the former requires the existence of rising publicly and tumultuously or use of force, intimidation or extra-legal means, the latter does not need such modality. It suffices that by way of speeches, proclamations, writings, emblems, cartoons, banners or representations, a person incites others to commit the acts constituting Sedition under Article 139 of the Revised Penal Code. That constitutes the first mode or manner which a person may commit Inciting to Sedition.
The second mode or manner by which a person may commit Inciting to Sedition is by 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, which TEND to: (a) disturb or obstruct any lawful officer in executing the functions of his office; (b) instigate others to cabal and meet together for unlawful purposes; (c) to disturb the peace of the community, the safety and order of the Government; (d) suggest or incite rebellious conspiracies or riots; (e) lead or tend to stir up the people against the lawful authorities; or (f) to disturb the peace of the community, the safety and order of the Government. How then is Inciting to Sedition by circulating of scurrilous libels similar and different from the crime of Libel under Article 353 of the Revised Penal Code? First, Inciting to Sedition is a crime against public order while Libel under Article 353 of the Revised Penal Code is a crime against honor. Second, both crimes are committed, generally, by means of the use of abusive, scurrilous, or defamatory words, spoken or written, or by any medium (emblems, cartoons, banners, or other representations). Third, in Inciting to Sedition, the offended party may be the Government (National, Provincial or Municipal) or any duly constituted authorities, private person or social class, while in Libel, the victim may either be natural or juridical person or a dead person. Fourth, the purpose of Inciting to Sedition is to tend or attempt to destabilize, cause unrest, weaken, impair, sabotage or undermine the government and/or duly constituted authorities in the performance of their functions, duties and responsibilities, or to bring chaos and disorder and sow discontent in the community and society; for political and social ends, while in Libel, the intention of the offender is to besmirch, damage, tarnish or defame the honor and reputation of the victim; due to personal animosity between the two.