Saturday, December 5, 2009

Rebellion and Mrs. Arroyo as a Threat to Philippine Democracy

Justice Devenadera said rebellion is being committed by the Ampatuans in Maguindanao. Question---what is the definition of rebellion under our jurisdiction?

Under Title 3, Chapter One of the Revised Penal Code, rebellion is classified under Crimes Against Public Order. Rebellion is defined under our jurisdiction as:

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).

By definition, one commits a crime of rebellion if there is an overt act and what is it? It is "by rising publicly and taking up arms". What should be the purpose of such overt act? It is to remove allegiance to said "Government or its laws, the territory of the Philippines..depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives."

Rebellion is committed if a person or a group of persons initiated a public uprising for the purpose of removing allegiance to a particular part of the territory of the State so that the Chief Executive or the Legislature is prevented from exercising their functions "wholly or partially".

Okey, was there such incident in Maguindanao? Did the Ampatuans occupied a territory of the Republic of the Philippines through arms? Did the Ampatuans even caused the disruption of the functions of the Chief Executive or the Legislature even of ARMM? No. And Devenadera is too stupid, she gave as an excuse the non-functioning of the courts.

Agnes, my gulay, the courts belong to the Judiciary, neither in the Executive nor the Legislative departments. Magbibigay ka lang ng halimbawa, mali pa.

Okey, is the presence of armed groups in Maguindanao sufficient cause for us to say that there is rebellion? No. Armed groups have been roaming Maguindanao and even being maintained by the AFP for decades in that province.

Was there any report even suggesting that these armed groups massed and rose up and publicly declared that they are rising publicly against the government? Remember that the gravemen of the crime of rebellion is the act of publicly rising against the government.

There was no such incident.

Now, is there rebellion when a group of youngsters or gangsters with arms meet in one place and decided to rebel against the government but were immediately arrested by policemen? No, for the requisites of public uprising is absent.

Can you charge me with rebellion when I write here that we need to rise up against Mrs. Arroyo? No. Can I be charged with inciting to rebellion? No, because not all requisites for the crime of rebellion exist.

NOW, PLEASE ADMIT MRS. ARROYO...

  • Proclamation 1959 was a knee-jerk reaction, actually, an action aimed at diverting the attention of the public from the discovery of a huge cache of arms bearing the markings of the DND-PNP.
  • That you and your hawks panicked and in that state, was forced to declare Martial law to secure those who know how you Mrs. Arroyo and your Generals armed these warlords, particularly the Ampatuans.
  • That you Mrs. Arroyo used this issue so that you can flex your muscles and frighten those who oppose you.
  • That you Mrs. Arroyo are testing the waters so to speak, toying on the Fates and trying to play this game and see if there is opposition to your actions. And if there is none, then, you'll proceed with this so that you'll be able to govern even after June 2010.
TO ALL DEMOCRATIC COUNTRIES OF THE WORLD, MRS. GLORIA MACAPAGAL-ARROYO IS A THREAT TO OUR DEMOCRACY.

SHE IS THE BIGGEST TERRORIST EVER TO LIVE IN THIS COUNTRY.

JOIN US AS WE FIGHT HER.

WE WILL NOT ALLOW THIS COUNTRY TO FURTHER GO DOWN IN HISTORY WITHOUT A FIGHT.

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