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Sedition

ART. 139.

ELEMENTS:
1. That the offenders rise –
   a. Publicly; and
   b. Tumultuously;
2. That they employ force, intimidation, or other means outside of legal methods; and
3. That the offenders employ any of those means to attain any of the following objects:
   a. to prevent the promulgation or execution of any law or the holding of
      any popular election;
   b. to prevent the national government, or any provincial or municipal government,
      or any public officer thereof from freely exercising its or his functions, or
      prevent the execution of any administrative order;
   c. to inflict any act of hate or revenge upon the person or property of any
      public officer or employee;
   d. to commit for any political or social end, any act of hate or revenge against
      private persons or any social class; or
   e. to despoil, for any political or social end, any person, municipality or
      province, or the national government of all its property or any part thereof.

NOTES:

People vs.Perez
Sedition is the raising of commotions or disturbances in the State. Its ultimate
object is a violation of the public peace or at least such a course of measures as
evidently engenders it.

People v. Umali
Common crimes are not absorbed in sedition.

People v Cabrera
   - Definition of Sedition: The raising of commotions or disturbance in the State
   - No distinction! It is not necessary that the offender be a private citizen and
     the offended party a public functionary.

Tumultuous uprising means that it is caused by more than 3 persons who are armed
or provided w/ means of violence.

In sedition, offender may be a private or public person.

Preventing election through legal means is NOT sedition.

If the purpose of the offenders is to attain the objects of rebellion or sedition by
force or violence, but there is no public uprising, the crime committed is
direct assault.

There is conspiracy to commit sedition (Art. 141) but no proposal to commit sedition.

Definition of Tumultuous: If caused by more than three persons who are armed or
provided with the mans of violence.

The purpose of this crime is not the overthrow of the government but the
violation of public peace.

Under R.A. 8294, sedition absorbs the use of unlicensed firearm as an element
thereof; hence, not aggravating, and the offender can no longer be prosecuted for
illegal possession of firearm. (Boado, Comprehensive Reviewer in Criminal Law).

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