QuestionsQuestions (Commonwealth Act No. 202)
It amends Articles 139, 142, and 154 of Act No. 3815 (the Revised Penal Code) concerning sedition, inciting to sedition, and unlawful use of means of publication/unlawful utterances.
Sedition is committed by persons who rise publicly and tumultuously, in order to attain by force, intimidation, or other means outside legal methods, any of the enumerated unlawful objectives.
The rising publicly and tumultuously must be done “in order to attain” any of the specific objects listed in Article 139, using force, intimidation, or other means outside legal methods.
(1) To prevent promulgation/execution of any law or holding of any popular election; (2) to prevent the National/any local government or public officer from freely exercising functions or prevent execution of an administrative order; (3) to inflict acts of hate or revenge upon public officers/employees; (4) for political/social end, to inflict acts of hate or revenge against private persons or a social class; (5) for political/social end, to despoil any person/municipality/province/National Government or Government of the United States of property or any part thereof.
For public officers/employees, the object is inflicting acts of hate or revenge upon the person or property of public officers/employees (Art. 139[3]). For private persons or a social class, the hate/revenge must be “for any political or social end” (Art. 139[4]).
The object is either preventing the promulgation or execution of any law, or preventing the holding of any popular election, through the sedition defined in Article 139.
Article 142 punishes inciting to sedition—acts of a person who does not take direct part in sedition—by inciting others through specified media or speech to accomplish the acts constituting sedition.
“Prision correccional” in its maximum period and a fine not exceeding 2,000 pesos.
Speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end; and also uttering seditious words or speeches, writing, publishing, or circulating scurrilous libels.
No. It expressly applies to a person who, “without taking any direct part in the crime of sedition,” incites others.
It refers to the Government of the United States or the Government of the Commonwealth of the Philippines, and any of the duly constituted authorities thereof.
Uttering/ writing/ publishing/ circulating content that tends to: disturb or obstruct a lawful officer in executing functions; instigate others to cabal or meet together for unlawful purposes; suggest or incite rebellious conspiracies or riots; stir up the people against lawful authorities; or disturb the peace/safety/order of the government or community.
Article 142 also imposes liability on a person who knowingly conceals the evil practices described in the Article.
Unlawful use of means of publication and unlawful utterance—punishing certain acts of publishing/printing/distributing false news or unauthorized/anonymous publications, and encouraging disobedience or praising unlawful acts.
(1) Publishing false news as news through printing/lithography/other publication means that may endanger public order or damage the State’s interest/credit; (2) encouraging disobedience to law/constituted authorities or praising/justifying/extolling acts punished by law through the same or speech/utterances; (3) maliciously publishing an official resolution/document without proper authority or before official publication; (4) printing/publishing/distributing books/pamphlets/periodicals/leaflets that do not bear the real printer’s name or that are anonymous.
“Arresto mayor” and a fine ranging from 200 to 1,000 pesos.
It makes anonymous publications (or those not bearing the real printer’s name) unlawful, punishing those who print/publish/distribute (or cause to print/publish/distribute) such anonymous or improperly identified materials.
Upon its approval.