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Opinion

Revolt, rebellion and revolution: The differences?

WHAT MATTERS MOST - Atty Josephus Jimenez - The Freeman

There is a palpable difference between a peaceful assembly to seek redress for legitimate grievances, which is a constitutionally-enshrined fundamental right of a sovereign people, and illegal acts of revolt, rebellion, insurrection, sedition, and treason, which are all serious crimes punishable by law.

The Filipinos should be aware of the differences between legitimate expression of dissent and illegal acts and crimes against the security of the State. The knowledge of the delicate distinctions should guide citizens in the exercise of their rights. The positive actions by well-meaning citizens in the pursuit of legitimate rights should enjoy state protection.  Government officials should also be knowledgeable about the rights of the people while remaining vigilant in the performance of their functions to secure the State against illegal acts and assemblies.

The textbook definition of revolt is the act of breaking away from, or rising against, a duly constituted government by open declaration of withdrawal of allegiance from the existing authority and by armed or violent assault against that ruling power and its instrumentalities. The Revised Penal Code classifies rebellion as a crime against public order, and defines it in Article 134 as a crime 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 Republic or any instrumentality thereof.

Treason is a crime against national security and the law of the nations, and is defined under Article 114 as a felony committed by any Filipino citizen who levies war against the Philippines or adheres to its enemies, giving them aid or comfort. This crime is most serious and is punishable by reclusion perpetua and a fine of four million pesos. No person shall be convicted of treason unless there are admissible testimonies of two witnesses to the overt acts constituting the said crime. Misprision of treason is committed by a Filipino who knows about a plot for treason and does not report the same to the authorities.

The Penal Code was amended to include a new crime called "coup d'etat, which is defined under Article 134-A as a swift attack, accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the State, or any military camp, installation or any communication 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 or employment with or without civilian support.

Sedition is defined under Article 139 as a felony committed by persons who rise publicly and tumultuously to attain by force, intimidation or by any other means outside of legal methods, any of the following objectives: first, to prevent the promulgation or execution of any law or the holding of any election; second, to prevent the National Government and the LGUs from freely exercising their functions; third, to inflict any act of hate or revenge against any public office; fourth to inflict hate against any private person or social class, and lastly to despoil any public office.

For the benefit of our people, they need to be informed about their basic rights of free speech, freedom of expression, and the right of peaceful assembly. Moreover, they need to be fully instructed about the scope and limits of such rights. they also need to be aware that the exercise of fundamental rights may exceed the bounds set forth by law. In such cases of overreach, they may already be committing a crime and may be arrested, charged, prosecuted, and, after due process, if found guilty, meted the penalties of fines, imprisonment or both.

There is no such thing as absolute right, which may result in chaos. There is no absolute authority, whether it is a monarchy or aristocracy, or dictatorship. Democracy hangs in the balance between rights and authority.

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