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-versus -
MOHAGHER IQBAL
DATU MICHAEL MASTURA
MAULANA ALONTO
ABDULLA CAMILLIAN
DATU ANTONIO KINO
IBRAHIM ALI
TALIB ABDULHAMID BENITO
PEDRITO EISMA
RAISSA JAJURIE
FROILYN MENDOZA
HUSSEIN MUilIOZ
AKMAD SAKKAM
SAID SHEIK
ASANI TAMMANG
TIMUAY MELANIO ULAMA
JOHAIRA WAHAB
All members of the Transition Commission
OMB-C-C-I5-0486
For: Treason and Inciting
to Sedition
Page 2
of6
REVIETY KESOLUTION
Atienza, et al. vs. Coronel-Ferrer, el al.
oMB-C-C-r5-0486
x.-..------ i::::!:n
REVIETV
RESOLUTION
,I
,lJ#,*,r:L.
For review is the 22 October 2015 Resolutionr of the Office of the
Jose
Atieru;a, Jr., Jonathan Dela Cruz, Jose Romero, Jr., and Jeremy Gatdula
(complainants) for Treason and Inciting to Sedition under Articles I 14 and
of
the
Mehol
K.
of the Moro
Islamic
Benito,
BBL
will
cede a part
of
its
Page
of 6
REVIEI{ RESOLWION
Atierua, et al. vs. Coronel-Ferrer, et al.
oMB-C-C-r5-0486
Republic
in Muslim Mindanao to
of the Phiiippines, to
establish
separate
from
the
tenitoT.Ut
drafting and
pushing for the passage of the BBL into law despite itlKeingviolative of the
In
dismissing the case for Treason, the City Prosecutor held that
aid. The mere act of proposing a draft of the BBL, which was introduced
a bill
as
the
case.
not have taken part in such activity. No proof was likewise presented
showing that respondents had uttered, written, or held any program, which
instigated the public to rise against the government.
Page 4 of6
REVIEW RESOLUT]ON
it
in any of the
following acts:
1.
Inciting others
to
emblems, etc.
Uttering seditious words or speeches which tend to disturb the public
peace.
J.
the
Government or any of the duly constituted authorities there of, which
tend to disturb the public peace.o
The allegation that the text of the proposed BBL "encourages the
anned Groups
in Muslim
Mindanao
to
contains words
or
Probable cause has been defined as such facts and circumstances that will engender a well-founded belief
that a crime has been committed and that the respondent is probably guilty thereof and should be held for
trial.(Bavierav. Paglinawan G.R. Nos. 168380 and 170602, February 8,2007,515 SCRA 170, lE4).
o
Article 142. Inciting to Sedition. - The penalty of prision correctional 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, writing, 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 Republic 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 people against the lawful authorities or to disturb the peace of the community, safety and order of
the Govemment, or who shall knowingly conceal such evil practices (Revised Penal Code).
' Sedition, in its general sense, is the raising of commotions or disturbances in the State (People v. Cabrera,
43 Phil 64). The ultimate object of sedition is a violation of the public peace or at least such a course of
measures that evidently engenders it (People vs. Perez 45 Phil 599).
u
Reyes, Revised Penal Code, l4d'Ed,2001, Book 2,p.102.
Page 5 of6
REVIEW RESOLUTION
Atienza, et al. vs. Coronel-Ferrer, et al.
oMB-C-C-15-0486
SO ORDERED.
14
FATIMA
STINE J. FRANCO
Graft Investi ation & Prosecution Officer I
REVIEWED BY:
n flrln
/N
ANNA ISAryPY G. AURELLANO
Acting Director, PIAB-E
RECOMMENDING APPROVAL
MARrLowll6^.o17ffitfrtr8n
Assistant Ombudsman, PAMO
II
APPROVED/W
6^i"a"^^"riffi/'
t Article I 14 of the Revised Penal Code states; "Treason.- Any Filipino citizen who levies war against the
Philippines or adheres to her enemies giving them aid or comfort within the Philippines or elsewhere, shall
be punisged by reclusion perpetua to death and shall pay a fine not to exceed I 00,000 pesos".
' Laurel
vs.
L{09,
Page 6 of 6
REVIEW RESOLUTION
Atieraa, et al. vs. Coronel-Ferrer, et ol.
oMB-C-C-15-0486
Copy Furnished:
Jonathan Dela Cruz
Jose Atienza, Jr.
Mariio V. Alcala
9tn, iotn, l lthe, & lzs floors, one orion
l lth Avenue corner University Parkway
Bonifacio Global City 1634 Metro Manila
Marvic M.V.F. Leonen
Supreme Court of the Philippines
Padre Faura Sheet, Ermita, Manila
Mehol K. Sadain
No. 79 Jocfer Annex Building
Commonwealth Avenue, Quezon City
Rogelio Adeva Mendoza
Suites 2503-2504 Atlanta Centre,31 Annapolis Street
Greenhills, San Juan City, Metro Manila
Mohagher Iqbal
Datu Michael Mastura
Maulana Alonto
Abdulla Camillian
Datu Antonio Kino
Ibrahim Ali
Talib Abdulhamid Benito
Pedrito Eisma
Raissa Jajurie
Froilyn Mendoza
Hussein Mufloz
Akmad Sakkam
Said Shiek
Asani Tammang
Timuay Melanio Ulama
Johaira Wahab
(7f
ttRl rFlE0 Tf
J0sltl