Righting Wrongs: Criminal Law Provisions in the Philippines related to
National Security and their Impact on Human Rights Defenders
the ICCPR.147 The maintenance of vague and overbroad national security laws, especially those like
inciting to rebellion and inciting to sedition, can likewise have a chilling effect on the exercise of the
rights to freedom of assembly (Article 21 of the ICCPR), and freedom of association (Article 22 of the
ICCPR), and the right to take part in public affairs (Article 25 of the ICCPR).
The ICJ notes that the language set out in Article 138 of the RPC, criminalizing incitement to rebellion,
does not require intent and has possible wide application to speech not intended to incite but which may
be alleged to have incited others. Article 138 could also be used to punish the exercise of and have a
chilling effect on the rights to freedom of expression and freedom of assembly due to its prohibition of
speech that encompasses any of Article 134’s vaguely proscribed acts.
D. Recommendations
1. The Government of the Philippines should repeal Article 134 (on rebellion) and Article 138 (on
inciting to rebellion) of the RPC.
2. The Government of the Philippines should also adopt the proposal to repeal Articles 139 to 142 on
sedition and inciting to sedition, which was made under the 15th Congress.
3. At a minimum, Articles 134 (on rebellion), Article 138 (on inciting to rebellion), and the provisions
on sedition from Articles 139 to 142 of the RPC must be substantially amended in a manner that
conforms to the principle of legality and the rights of freedom of expression, freedom of association
and the right to participate in public affairs, guaranteed in international law. The wording of the
laws must be precise enough to allow individuals to foresee what actions are unlawful and in a
manner that will reduce the possibility of arbitrary application of the laws, including against human
rights defenders, or the violation of the rights to freedom of expression, freedom of association,
and the right to participate in public affairs.
147 Human Rights Committee, General Comment 34 on Article 19: Freedoms of opinion and expression, CCPR/C/GC/34 (2011), para. 30.
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