Inciting to Sedition
On Criminal Law
Inciting to Sedition
Art. 142.
Inciting to sedition. - The penalty of prision correccional in its maximum period and a fine not exceeding 2,000 pesos 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 of the United States or the Government of the Commonwealth 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. (Reinstated by E.O. No. 187).
ACTS PUNISHABLE:
1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems, etc.
2. Uttering seditious words or speeches which tend to disturb the public peace;
3. Writing, publishing, or circulating scurrilous [vulgar, mean, libelous] libels against the government or any of the duly constituted authorities thereof, which tend to disturb the public peace; or
4. Knowingly concealing such evil practices.
ELEMENTS of ACT 1:
1. That the offender does not take a direct part in the crime of sedition;
2. That he incites others to the accomplishment of any of the acts which constitute sedition; and
3. That the inciting is done by means of speeches, proclamations, writing, emblems, cartoons, banners, or other representations tending to the same end.
Acts No. 2 and No.3 Punishable when:
1. They tend to disturb or obstruct any lawful officer in executing the functions of his office
2. They tend to instigate others to cabal and meet together for unlawful purposes
3. They suggest or incite rebellious conspiracies or riots
4. They lead or tend to stir up the people against the lawful authorities or disturb the peace of the community, and the safety and order of the government.
UTTERING AND WRITING PUNISHABLE:
1. when they tend to disturb or obstruct any public officer in executing the functions of his office; or
2. when they tend to instigate others to cabal and meet together for unlawful purposes; or
3. when they suggest or incite rebellious conspiracies or riots; or
4. when they 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.
3 RULES RELATIVE TO SEDITIOUS WORDS:
1. Dangerous Tendency rule
2. Clear and Present Danger rule
3. Balance of Interests rule
Only non-participants in sedition may be liable.
Considering that the objective of sedition is to express protest against the government and in the process create hate against public officers, any act that will generate hatred against the government or a public officer concerned or a social class may amount to Inciting to Sedition. Article 142 is, therefore, quite broad.
Tests relative to seditious words:
Clear and Present Danger, and Dangerous Tendency
US v Tolentino
The manifest, unmistakable tendency of the play, in view of the time, place, and manner of its presentation, was to inculcate a spirit of hatred and enmity against the American people and the Government of the US in the Philippines.
Art. 142.
Inciting to sedition. - The penalty of prision correccional in its maximum period and a fine not exceeding 2,000 pesos 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 of the United States or the Government of the Commonwealth 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. (Reinstated by E.O. No. 187).
ACTS PUNISHABLE:
1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems, etc.
2. Uttering seditious words or speeches which tend to disturb the public peace;
3. Writing, publishing, or circulating scurrilous [vulgar, mean, libelous] libels against the government or any of the duly constituted authorities thereof, which tend to disturb the public peace; or
4. Knowingly concealing such evil practices.
ELEMENTS of ACT 1:
1. That the offender does not take a direct part in the crime of sedition;
2. That he incites others to the accomplishment of any of the acts which constitute sedition; and
3. That the inciting is done by means of speeches, proclamations, writing, emblems, cartoons, banners, or other representations tending to the same end.
Acts No. 2 and No.3 Punishable when:
1. They tend to disturb or obstruct any lawful officer in executing the functions of his office
2. They tend to instigate others to cabal and meet together for unlawful purposes
3. They suggest or incite rebellious conspiracies or riots
4. They lead or tend to stir up the people against the lawful authorities or disturb the peace of the community, and the safety and order of the government.
UTTERING AND WRITING PUNISHABLE:
1. when they tend to disturb or obstruct any public officer in executing the functions of his office; or
2. when they tend to instigate others to cabal and meet together for unlawful purposes; or
3. when they suggest or incite rebellious conspiracies or riots; or
4. when they 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.
3 RULES RELATIVE TO SEDITIOUS WORDS:
1. Dangerous Tendency rule
2. Clear and Present Danger rule
3. Balance of Interests rule
Only non-participants in sedition may be liable.
Considering that the objective of sedition is to express protest against the government and in the process create hate against public officers, any act that will generate hatred against the government or a public officer concerned or a social class may amount to Inciting to Sedition. Article 142 is, therefore, quite broad.
Tests relative to seditious words:
Clear and Present Danger, and Dangerous Tendency
US v Tolentino
The manifest, unmistakable tendency of the play, in view of the time, place, and manner of its presentation, was to inculcate a spirit of hatred and enmity against the American people and the Government of the US in the Philippines.
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