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Conspiracy And Proposal To Commit Rebellion, Coup D' Etat Or Insurrection

ART. 136.

ELEMENTS OF CONSPIRACY:
1. Two or more persons come to an agreement to rise publicly and take arms against the
   government;
2. For any of the purposes of rebellion; and
3. They decide to commit it.

ELEMENTS OF PROPOSAL:
1. A person who has decided to rise publicly and take arms against the government;
2. For any of the purposes of rebellion; and
3. Proposes its execution to some other person/s.

NOTES:

Conspiracy - when two or more persons come to an agreement to rise publicly and take
arms against government for any of the purposes of rebellion and decide to commit it.

Proposal - when the person who has decided to rise publicly and take arms against the
government for any of the purposes of rebellion proposes its execution to some other
person or persons.

Organizing a group of soldiers, soliciting membership in, and soliciting funds for the
organization show conspiracy to overthrow the government.

The mere fact of giving and rendering speeches favoring Communism would not
make the accused guilty of conspiracy if there is no evidence that the hearers then
and there agreed to rise up in arms against the government.

The advocacy of Communism or Communistic theory is not a criminal act of conspiracy
unless converted into advocacy of action.

People vs. Hernandez
Only when the Communist advocates action and actual uprising, war or otherwise, does he
become guilty of conspiracy to commit rebellion.

conspiracy and proposal to commit coup d' etat, rebellion and insurrection

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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