Sunday, January 4, 2026

Are Those Charges Vs Gen. Poquiz Bailable?

 

By Mortz C. Ortigoza, MPA 

Retired Major General Romeo Poquiz of the Armed Forces of the Philippines (AFP) was arrested today at Ninoy Aquino International Airport (NAIA) Terminal 3 upon his arrival from Bangkok, Thailand.


The Philippines government charged him with the criminal case of Inciting to Sedition and Inciting to Rebellion.


IS INCITING TO SEDITION BAILABLE?

MY ANSWER IS "YES"

Under Article 142 of the Revised Penal Code of the Philippines (on inciting to sedition), persons who, without taking any direct part in the crime of s, incite others to accomplish any act which constitutes sedition as described under Article 139, may be imprisoned from four to six years or imposed a fine not exceeding Php2,000 (approximately US$44).

 

PENALTY FOR INCITING TO REBELLION:

Executive Order No. 187 (5 June 1987) repealed the earlier Presidential Decree amendments and restored the original Article 135 penalty (prision mayor and fine up to P20,000), thereby converting rebellion into a non‑capital offense and, under the 1987 Constitution and Rule 114, making bail generally a matter of right before conviction.

Inciting to Rebellion is a bailable crime now.

 

Case Details and Allegations

Inciting to Sedition: Poquiz faces charges for inciting to sedition in relation to his alleged involvement in an ouster plot against President Ferdinand Marcos Jr.

The "Soft Coup" Meeting: The case stems from a September 2024 meeting where Poquiz and other retired generals met with AFP Chief of Staff General Romeo Brawner Jr. at Camp Aguinaldo.

During that meeting, Poquiz allegedly attempted to convince the military to withdraw support from President Marcos due to concerns over large-scale corruption in flood control projects and proposed pension reforms.

Counter-Affidavit: On November 25, 2025, Poquiz filed a counter-affidavit at the Quezon City Prosecutor’s Office denying the charges, maintaining that expressing grievances and calling for a resignation is a constitutional right rather than sedition.

 

 

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