The Revised Penal Code articles relevant to Rebellion, Sedition and Disloyalty

So many things have happened in Manila this past few days and we have seen many personalities get arrested right and left.  I have always tried to be apolitical here but it doesn’t mean I don’t hold any political views.  But since this is my space and I’m entitled to say anything I want to say here, I want to educate the people who stray into this part of the web about what exactly GMA’s government is supposedly or factually struggling against.

Thanks to some illustrious law firm that published many of our bodies of law in toto (in full) on the web, I picked out the relevant articles in our Revised Penal Code just so you can see the exact definition of those words that have been bandied about so brazenly in this state of national emergency.  What exactly is Rebellion, Sedition and Disloyalty?
 
Do take note that under the law, one cannot be held guilty of the crimes described therein unless ALL of the elements of the crime or those parts which define its commission are actually committed.  So you be the judge.  I’m scouring the web for a text of the infamous declartion of GMA — that’s coming next if I can find a verbatim publication online.
 
This too, shall pass.
 
 
Title Three
 
CRIMES AGAINST PUBLIC ORDER
 
Chapter One
REBELLION, SEDITION AND DISLOYALTY
 
Art. 134. Rebellion or insurrection; How committed. — The crime of rebellion or insurrection is committed by rising publicly and taking arms against the Government for the purpose of removing from the allegiance to said Government or its laws, the territory of the Philippine Islands or any part thereof, of any body of land, naval or other armed forces, depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives. (As amended by R.A. 6968).

Article 134-A. Coup d’etat; How committed. — The crime of coup d’etat is a swift attack accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communications network, public utilities or other facilities needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in the Philippines by any person or persons, belonging to the military or police or holding any public office of employment with or without civilian support or participation for the purpose of seizing or diminishing state power. (As amended by R.A. 6968).

Art. 135. Penalty for rebellion, insurrection or coup d’etat. — Any person who promotes, maintains, or heads rebellion or insurrection shall suffer the penalty of reclusion perpetua.

Any person merely participating or executing the commands of others in a rebellion shall suffer the penalty of reclusion temporal.

Any person who leads or in any manner directs or commands others to undertake a coup d’etat shall suffer the penalty of reclusion perpetua.

Any person in the government service who participates, or executes directions or commands of others in undertaking a coup d’etat shall suffer the penalty of prision mayor in its maximum period.

Any person not in the government service who participates, or in any manner supports, finances, abets or aids in undertaking a coup d’etat shall suffer the penalty of reclusion temporal in its maximum period.

When the rebellion, insurrection, or coup d’etat shall be under the command of unknown leaders, any person who in fact directed the others, spoke for them, signed receipts and other documents issued in their name, as performed similar acts, on behalf or the rebels shall be deemed a leader of such a rebellion, insurrection, or coup d’etat. (As amended by R.A. 6968, approved on October 24, 1990).

Art. 136. Conspiracy and proposal to commit coup d’etat, rebellion or insurrection. — The conspiracy and proposal to commit coup d’etat shall be punished by prision mayor in minimum period and a fine which shall not exceed eight thousand pesos (P8,000.00).

The conspiracy and proposal to commit rebellion or insurrection shall be punished respectively, by prision correccional in its maximum period and a fine which shall not exceed five thousand pesos (P5,000.00) and by prision correccional in its medium period and a fine not exceeding two thousand pesos (P2,000.00). (As amended by R.A. 6968, approved October 24, 1990).

Art. 137. Disloyalty of public officers or employees. — The penalty of prision correccional in its minimum period shall be imposed upon public officers or employees who have failed to resist a rebellion by all the means in their power, or shall continue to discharge the duties of their offices under the control of the rebels or shall accept appointment to office under them. (Reinstated by E.O. No. 187).

Art. 138. Inciting a rebellion or insurrection. — The penalty of prision mayor in its minimum period shall be imposed upon any person who, without taking arms or being in open hostility against the Government, shall incite others to the execution of any of the acts specified in article 134 of this Code, by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end. (Reinstated by E.O. No. 187).

Art. 139. Sedition; How committed. — The crime of sedition is committed by persons who rise publicly and tumultuously in order to attain by force, intimidation, or by other means outside of legal methods, any of the following objects:

1. To prevent the promulgation or execution of any law or the holding of any popular election;

2. 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;

3. To inflict any act of hate or revenge upon the person or property of any public officer or employee;

4. To commit, for any political or social end, any act of hate or revenge against private persons or any social class; and

5. To despoil, for any political or social end, any person, municipality or province, or the National Government (or the Government of the United States), of all its property or any part thereof.

Art. 140. Penalty for sedition. — The leader of a sedition shall suffer the penalty of prision mayor in its minimum period and a fine not exceeding 10,000 pesos.

Other persons participating therein shall suffer the penalty of prision correccional in its maximum period and a fine not exceeding 5,000 pesos. (Reinstated by E.O. No. 187).

Art. 141. Conspiracy to commit sedition. — Persons conspiring to commit the crime of sedition shall be punished by prision correccional in its medium period and a fine not exceeding 2,000 pesos. (Reinstated by E.O. No. 187).

Art. 142. Inciting to sedition. — The penalty of prision correccional in its maximum period and a fine not exceeding 2,000 pesos shall be imposed upon any person who, without taking any direct part in the crime of sedition, should incite others to the accomplishment of any of the acts which constitute sedition, by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end, or upon any person or persons who shall utter seditious words or speeches, write, publish, or circulate scurrilous libels against the Government (of the United States or the Government of the Commonwealth) of the Philippines, or any of the duly constituted authorities thereof, or which tend to disturb or obstruct any lawful officer in executing the functions of his office, or which tend to instigate others to cabal and meet together for unlawful purposes, or which suggest or incite rebellious conspiracies or riots, or which 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, or who shall knowingly conceal such evil practices. (Reinstated by E.O. No. 187).

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