MANILA, Philippines鈥擩ustice Secretary Leila de Lima has recommended the filing of the charge of inciting sedition and other charges related to violation of several provisions of the Articles of War against retired Marine Colonel Generoso Mariano, who appeared in a video calling on soldiers to 鈥渞eplace the government.鈥�
Speaking to reporters on Tuesday, De Lima said she told the Armed Forces that Mariano could be held criminally liable for violating Article 142 of the Revised Penal Code for the statements he made in the video.
In her legal opinion issued on Monday, De Lima said, 鈥淎fter a perusal of the recording and transcript of the statements of Colonel Mariano, we are of the opinion that said statements have no intention other than to instigate others to cabal and meet together for unlawful purposes. They suggest or incite rebellious conspiracies or tend to stir up the people against the lawful authorities or to disturb the peace of the community and the safety and order of the government.鈥�
The legal opinion was issued upon the request of the military鈥檚 Judge Advocate General鈥檚 Office last Friday.
鈥淥n the face of those statements鈥� he may be held liable for inciting to sedition鈥�,鈥� De Lima said.
鈥淥f course there are explanations that it was not his intention. But it鈥檚 debatable; it鈥檚 a matter of defense. It鈥檚 up for him to explain his motive,鈥� De Lima added.
Saying she studied Mariano鈥檚 statement 鈥渨ord for word,鈥� De Lima said: 鈥淥n its face per se, on the basis of my objective evaluation of the tenor of the statements he made, there is (basis) for him to be charged.鈥�
De Lima said the military should immediately arrest Mariano even without a warrant and take the necessary action against him or else they could be held liable for 鈥渦npardonable neglect of official duty.鈥�
De Lima also said that Mariano can also be held liable for violating the following provisions of Articles of War:
Article 63. Disrespect toward the President, Vice-President, Congress of the Philippines or Secretary of National Defense;
Article 67. Mutiny or Sedition;
Article 91. Provoking Speeches or Gestures; and
Article 96. Conduct Unbecoming an Officer and a Gentleman