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Art. 139 Sedition

Sedition involves rising publicly and tumultuously in order to attain an unlawful objective through force, intimidation, or means outside of legal methods. It requires a public uprising against the government or authorities. Sedition differs from rebellion in that rebellion involves taking up arms against the government during times of war, while sedition is a political offense. The elements of sedition are: 1) the offender rises publicly and tumultuously, 2) employs force, intimidation or illegal means, and 3) does so to attain an unlawful objective like preventing the execution of laws or elections.

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44 views13 pages

Art. 139 Sedition

Sedition involves rising publicly and tumultuously in order to attain an unlawful objective through force, intimidation, or means outside of legal methods. It requires a public uprising against the government or authorities. Sedition differs from rebellion in that rebellion involves taking up arms against the government during times of war, while sedition is a political offense. The elements of sedition are: 1) the offender rises publicly and tumultuously, 2) employs force, intimidation or illegal means, and 3) does so to attain an unlawful objective like preventing the execution of laws or elections.

Uploaded by

Racheal Santos
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ART.

139 RPC​
OBJECTIVES
To define what sedition is all about.
To know the nature of the crime.
​To determine the elements of sedition.
To distinguish sedition from rebellion and treason.
​To apply understanding of the sedition
on sample questions.
3

Sedition is a violation of
the public peace or at least
such a course of measures as
evidently engenders it.

People vs. Perez


• He who has made a statement and done an act which tended
to instigate others to cabal or meet together for unlawful
purposes.
• He who has made a statement and done an actwhich
suggested and incited rebellious conspiracies.
• He who has made a statement and done an act which tended
and stir up the people against the lawful authorities.

• He who has made a statement and done an act which


tended to disturb the peace of the community and the safety
or order of the Government.
5

In general sense,
sedition is the raising
of commotions or
disturbances in the
State.

People vs. Cabrera


6

ART. 139. SEDITION- HOW COMMITTED


The crime of sedition is committed by
persons who rise publicly and
tumultuously in order to attain by foirce,
intimidation, or by other means outside of
legal methods, any of the following
objects.
7

To inflict any act of hate To commit, for To deposit, for


To prevent the To prevent the National any political or
or revenge upon the any political or
promulgation or Government, or any social end, any
person or property of any social end, any
execution of any law provincial or municipal act of hate or
public officer or person,
or holding of any government, or any revenge against
employee. municipality or
popular election. public officer thereof private persons province, or the
from freely exercising or any social National
its or his function , or class; and Government (or
prevent the execution
the Government
of any administrative
of the United
orders.
States) of all its
property or any
part thereof.
8

SEDITION VS. REBELLION


SEDITION REBELLION
• There is public
• Tumultuous
uprising .
• Taking up arms • Political or social
against the
government.
• Political
9

SEDITION VS. REBELLION


SEDITION TREASON
• There is public • There is an adherence to the
uprising . enemy country.
• Taking up arms • Giving of aid or comfort is
against the criminal
government. • Levying of war against the
• Political Government is done during
the times of war.
10

ELEMENTS

1 2 3

That the offender


That they employ
That the offender rise employ any of those
force, intimidation, lor
publicly and means to attain any of
other means outside of
tumultuously. the following objects;
legal methods.
11

SUMMARY
Can sedition be committed by one person?

NO, it can be committed by at least 4 people who are armed or provided with
means of violence. Are common crimes absorbed in sedition?

Since sedition may be for political or social ends, it is not covered in the
political offense doctrine. Hence, common crimes are not absorbed.
SUMMARY 12

When is the disturbance of public order deemed to be tumultuous?

a. If caused by more than three persons who are armed or provided with means of violence.

b. When a person causes a serious a serious disturbance in a public place or disturbs public
performance, function or gathering.

c. When more than three persons make any outcry tending to incite rebellion or sedition or
shout subversive or provocative words to obtain any of the objectives of rebellion or
sedition.

d. When at least four persons participate in a free- for- all fight assaulting each other in a
confused and tumultuous manner.
THANK YOU

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