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Inciting To Sedition

ART. 142.

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-participant in sedition may be liable.

Considering that the objective of sedition is to express protest against the government
and in the process creating 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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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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