Rebellion: Outside the Philippines?

Cite as: 27 Ateneo L.J. 93 (1983)
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The enactment of Presidential Decree No. 1735 raised several issues regarding its conformity with existing law, specifically that of punishing rebellion as a crime. For instance, albeit being a crime against public order, such Presidential Decree renders rebellion punishable even if committed outside the territorial jurisdiction of the Philippines. Also, such a law provides for additional penalties, one of which is the forfeiture of the felon’s citizenship. The latter has been contested in many instances as being contrary to the Constitutional prohibition against cruel punishments.

In this Article, the Author presents salient arguments to challenge the validity of Presidential Decree No. 1735. More importantly, she posits that the accused is also a victim and hence, does not deserve the cruelest of punishments.

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