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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.

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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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