On
Penalty For Sedition Person Liable

ART. 140.

1. leader of the sedition, and
2. other persons participating in the sedition.

Can there be a complex crime of coup d’etat with sedition?

YES, coup d’etat can be complexed with sedition because the two crimes are essentially different and distinctly punished under the Revised Penal Code.

Sedition may not be directed against the Government or non-political in objective, whereas coup d’etat is always political in objective as it is directed against the Government and led by persons or public officer holding public office belonging to the military or national police. Art. 48 of the Code may apply under the conditions therein provided. (2003 Bar Examinations)

ALTERNATIVE ANSWER:
     
The crime of coup d'etat cannot be complexed with the crime of rebellion because both crimes are directed against the Government or for political purposes, although the principal offenders are different. The essence may be the same and thus constitute only one crime. In this situation, the two crimes are not distinct and therefore, may not be proper to apply Article 48 of the Code.