Political Law, 2012 Bar — Question IX-A

QUESTION

In a protest rally along Padre Faura Street, Manila, Pedrong Pula took up the stage and began shouting “kayong mga kurakot kayo! Magsiresign na kayo! Kung hindi, manggugulo kami dito!” (“you corrupt officials, you better resign now, or else we will cause trouble here!”) Simultaneously, he brought out a rock the size of a fist and pretended to hurl it at the flagpole area of a government building. He did not actually throw the rock. Police officers who were monitoring the situation immediately approached Pedrong Pula and arrested him. He was prosecuted for seditious speech and was convicted. On appeal, Pedrong Pula argued he was merely exercising his freedom of speech and freedom of expression guaranteed by the Bill of Rights. Decide with reasons. (5%)

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