On July 18, 2019, the Philippine National Police filed a complaint against Vice President Leni Robredo and 35 others for incitement to sedition, defamation, cyber defamation, and obstruction of justice. Robredo was independently elected by President Rodrigo Duterte and leads the Liberal Party, the party of former President Benigno Aquino III. The anti-subversion law was revived by President Corazon Aquino in 1987 by Executive Decree 167, which also repealed the two presidential decrees issued by Marcos.  The law was repealed in 1992 by President Fidel V. Ramos by RA 7636, which meant that subversion is no longer a crime, but sedition remained illegal.  As indicated in art. Provided for in Article 139 of the Revised Civil Code, the crime of sedition is committed by persons who rise up publicly and in a turbulent manner in order to achieve one of the following objectives by force, intimidation or otherwise outside legal methods:Article 139, RPC Justice Reyes, in his book,LB Reyes . The Revised Penal Code, Book Two, pp. 111-117, cites People vs. Perez,G.R. No. L-21049 December 22, 1923 The ultimate goal of incitement to hatred is a violation of the public peace, or at least such an approach that obviously provokes it.
A definition of the crime of sedition INQUIRER FILE PHOTO The crime of sedition is committed by people who rise up violently against the government. Under Section 142 of the Philippine Penal Code, a conviction for incitement to hatred carries a maximum penalty of six years` imprisonment. Page 7 AKT No. 292 of the Philippine Commission entitled “Act defining the crimes of treason, insurrection, sedition, conspiracy to commit such crimes, inflammatory statements, written or oral, formation of secret political societies, administration or taking oaths, to commit or prevent the discovery of crimes, as well as the violation of oaths of allegiance and the imposition of sanctions against them”. COMPARISON OF THE PROVISIONS OF THE ABOVE-MENTIONED ACT WITH SIMILAR LAWS ENACTED IN THE UNITED STATES. Act No. 292, Phiippine Commission – Laws of the United States. (Rev. soon. Statistics. of the United States.) SECTION 1.
Any person residing in the Philippine Islands who owes allegiance to the United States or the Government of the Philippine Islands, who wages war on them or clings to their enemies and provides them with aid and comfort on the Philippine Islands or elsewhere, is guilty of treason and will suffer death on conviction, or at the discretion of the court, hard work will be held for at least five years and fined at least ten thousand dollars. ABS. 2. any person loyal to the United States or to the Government of the Philippine Islands and having knowledge of treason against them or any of them, who conceals the provincial governor of the province in which he resides or the civil governor of the islands, the provincial governor of the islands, and does not disclose or make known as soon as possible, or to a SEC. 5331. Anyone loyal to the United States, who wages war on them or clings to their enemies, and who gives them help and comfort in the United States or elsewhere, is guilty of treason. § 5332. Anyone guilty of treason shall suffer death; or, at the discretion of the court, is sentenced to a term of imprisonment of at least five years for hard labour and to a fine of at least ten thousand dollars taken and confiscated from all or part of the real and personal property which he owned at the time of committing such treason; notwithstanding any sale or assignment to the contrary; moreover, anyone convicted of high treason in this manner will not be able to hold office under the United States. § 5333.
any person loyal to the United States who has knowledge of the commission of treason against them, who conceals it from the President or a judge of the United States or from the Governor or judge of a particular State, and who fails to disclose and publicize it as soon as possible, is guilty of embezzlement for treason; 7 In the event of incitement to hatred, persons who incite hatred or customers are liable; that in the case of illegal gatherings, the persons responsible are: (1) the organizers or leaders of the meeting and (2) the persons present at the meeting. In incitement to hatred, a person is punished if he or she tends to incite others to assemble for illegal purposes or to propose or incite rebel plots or riots, or who incite or incite the people against the legitimate authorities or tend to disturb the peace of the community, the security and order of government. or who will knowingly hide such evil practices. Incitement to hatred is exemplified by those who, without direct participation in the crime of sedition, persuade others to engage in inflammatory acts by means of speeches, proclamations, writings, emblems, caricatures, banners or other representations that are inclined to the same purpose. As discussed by Judge Reyes, LB Reyes (2021). The Revised Criminal Code, Book Two, p. 1. 116 The elements of incitement are: in everyday language, sedition can be one of the crimes often associated with the crime of rebellion, treason and coup. Although they are always associated with these other criminal offences, sedition is different. From this legal perspective, we will discuss what constitutes a sedition law in the Philippines. Page 1 57th CONGRESS, SENATE.
DOCUMENT 1st session. No. 173. LAWS AGAINST TREASON, SEDITION, ETC. OPINION OF THE LEGAL OFFICER OF THE DEPARTMENT OF ISLAND AFFAIRS, WHICH COMPARES THE EXISTING LAWS OF THE UNITED STATES AGAINST TREASON, SEDITION AND EMBEZZLEMENT WITH THE PROVISIONS OF PHILIPPINE COMMISSION ACT NO. 292. FEBRUARY 10, 1902.- Ordered to be printed as a document. WAR DEPARTMENT, OFFICE OF THE SECRETARY, Tltsli`}qlton, D.C., February 10, 19Q2. DEAR SENATOR: I have the honor to acknowledge receipt of your request to make a comparison between the existing laws of the United States against treason, sedition and embezzlement and the provisions of Philippine Commission Act No.
292 entitled “An Act that deals with the crimes of treason, insurrection, riot, conspiracy to commit such crimes, seditious statements, written or oral, the formation of secret political societies, the administration or taking of oaths with a view to committing or preventing the discovery of crimes, the violation of oaths of allegiance and the imposition of penalties against them. In accordance with your request, I have the honour to submit a copy of Act No. 292 with the proposed regulations. Very respectful, CHARLES E. MAGOON, Lawyer Division of Island Affairs. The Honourable J. B. FORAKER, United States Senate.[No. 292.] A LAW defining the crimes of treason, insurrection, sedition, conspiracy to commit such crimes, inflammatory statements, written or oral, the formation of secret political societies, the administration or taking of oaths, to commit or prevent the discovery of crimes, and the violation of oaths of allegiance and the imposition of sanctions against them. By the authority of the President of the United States, or by the Philippine Commission of the United States, that: SECTION 1. Anyone living on the Philippine islands owes allegiance to the United States or the government of the Philippines * The focus is on agreeing to rise publicly and turbulently. In the absence of such an agreement, even with an agreement and a decision to reach an object of unrest, the act does not constitute a conspiracy to commit a riot. Page 15 LAWS AGAINST TREASON, SEDITION, ETC. The U.S. government is punished with a fine of one thousand dollars.