Inciting To Rebellion Or Insurrection

ART. 138.

ELEMENTS:
1. That the offender does not take arms or is not in open hostility against the government;
2. That he incites others to the execution of any of the acts of rebellion; and
3. That the inciting is done by means of speeches, proclamations, writings, emblems,
   banners or other representations tending to the same end.

NOTES:

Inciting must have been intentionally calculated to seduce others to rebellion.

In both proposal to commit rebellion and in inciting to rebellion, rebellion should
not actually be committed by the persons to whom it was proposed, or who
were incited. If they commit rebellion because of the proposal or incitement, the
proponent, or the one inciting may become a principal by inducement in
the crime of rebellion.

Can only be committed by civilians who do not take part therein.

NOTE: In both, the crime of rebellion should not be actually committed by the
persons to whom it is proposed or who are incited; otherwise, they become
principals by inducement in the crime of rebellion.

proposal to commit rebellion














Difference Between Inciting to Rebellion and Proposal to Commit Rebellion

inciting to rebellion

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