Coup d’ etat
On Criminal Law
Coup d'etat
Art. 134-A.
Coup d'etat; How committed. - The crime of coup d'etat is a swift attack accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communications network, public utilities or other facilities needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in the Philippines by any person or persons, belonging to the military or police or holding any public office of employment with or without civilian support or participation for the purpose of seizing or diminishing state power. (As amended by R.A. 6968).
ELEMENTS:
1. Offender is a person or persons belonging to the military, or police or holding any public office or employment,
2. Committed by means of swift attack, accompanied by violence, intimidation, threat, strategy or stealth;
3. Directed against:
a. duly constituted authorities of the Philippines
b. any military camp or installation
c. communication networks, public utilities or other facilities needed for the exercise and continued possession of power
4. For the purpose of seizing or diminishing state power.
PERSONS LIABLE:
1. Any person who leads or in any manner directs or commands others to undertake coup d’etat (leaders);
2. Any person in the government service who participates or executes directions or commands of others in undertaking coup d’etat (participants from government);
3. Any person not in the government service who participates, or in any manner, supports, finances, abets, or aids in undertaking a coup d’etat (participants not from government); and
4. Any person who in fact directed the others, spoke for them, signed receipts and other documents issued in their name, or performed similar acts, on behalf of the rebels (deemed leader if leader is unknown)
Notes:
Essence of the crime: Swift attack against the government, its military camps an installations, etc.
It may be committed singly or collectively.
Requires as a principal offender a member of the AFP, PNP, or a public officer with or without civilian support.
Objective: To destabilize, immobilize, or paralyze the existing government by taking over such facilities essential to the continued exercise of governmental powers.
Committed through force, violation, intimidation, threat, strategy, or stealth.
Mere silence or omission is not punishable.
If under the command of unknown leaders, any person who spoke for, signed receipts and other documents issued in their name on behalf of the rebels shall be deemed a leader.
Not a defense: The accused did not take the oath of allegiance to, or that they never recognized the government.
Question: What is a political crime?
Answer: Those directly aimed against the political order; includes common crimes committed to achieve a political purpose. Decisive factor: Intent.
Bar Exam Question (2005)
Art 134-A: Coup d’ etat & Rape; Frustrated (2005)
Taking into account the nature and elements of the felonies of coup d’ etat and rape, may one be criminally liable for frustrated coup d’ etat or frustrated rape? Explain. (2%)
SUGGESTED ANSWER:
No, one cannot be criminally liable for frustrated coup d’ etat or frustrated rape because in coup d’ etat the mere attack directed against the duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communication networks, public utilities or other facilities needed for the exercise and continued possession of power would consummate the crime. The objective may not be to overthrow the government but only to destabilize or paralyze the government through the seizure of facilities and utilities essential to the continued possession and exercise of governmental powers.
On the other hand, in the crime of rape there is no frustrated rape it is either attempted or consummated rape. If the accused who placed himself on top of a woman, raising her skirt and unbuttoning his pants, the endeavor to have sex with her very apparent, is guilty of Attempted rape. On the other hand, entry on the labia or lips of the female organ by the penis, even without rupture of the hymen or laceration of the vagina, consummates the crime of rape. More so, it has long abandoned its "stray" decision in People vs. Erina 50 Phil 998 where the accused was found guilty of Frustrated rape.
Article 134-A. Coup d'etat; How committed. - The crime of coup d'etat is a swift attack accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communications network, public utilities or other facilities needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in the Philippines by any person or persons, belonging to the military or police or holding any public office of employment with or without civilian support or participation for the purpose of seizing or diminishing state power. (As amended by R.A. 6968).
Bar Exam Question (2002)
If a group of persons belonging to the armed forces makes a swift attack, accompanied by violence, intimidation, and threat against a vital military installation for the purpose of seizing power and taking over such installation, what crime or crimes are they guilty of?
Suggested Answer:
The perpetrators, being persons belonging to the Armed Forces, would be guilty of the crime of coup d'etat, under Article 134-A of the Revised Penal Code, as amended, because their attack was against vital military installations which are essential to the continued possession and exercise of governmental powers, and their purpose is to seize power by taking over such installations.
B. If the attack is quelled but the leader is unknown, who shall be deemed the leader thereof?
Suggested Answer:
The leader being unknown, any person who in fact directed the others, spoke for them, signed receipts and other documents issued in their name, or performed similar acts, on behalf of the group shall be deemed the leader of said coup d'etat (Art 135, R.P.C.)
Bar Exam Question (1998)
Art 134-A; Coup d’etat; New Firearms Law (1998)
1. How is the crime of coup d'etat committed?
2. Supposing a public school teacher participated in a coup d'etat using an unlicensed firearm. What crime or crimes did he commit?
Suggested Answer:
1. The crime of coup d'etat is committed by a swift attack, accompanied by violence, intimidation, threat, strategy or stealth against the duly constituted authorities of the Republic of the Philippines, military camps and installations, communication networks, public utilities and facilities needed for the exercise and continued possession of power, carried out singly or simultaneously anywhere in the Philippines by persons belonging to the military or police or holding public office, with or without civilian support or participation, for the purpose of seizing or diminishing state power. (Art 134-A, RPC).
2. The public school teacher committed only coup d'etat for his participation therein. His use of an unlicensed firearm is absorbed in the coup d'etat under the new firearms law (Rep. Act No. 8294).
Art. 134-A.
Coup d'etat; How committed. - The crime of coup d'etat is a swift attack accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communications network, public utilities or other facilities needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in the Philippines by any person or persons, belonging to the military or police or holding any public office of employment with or without civilian support or participation for the purpose of seizing or diminishing state power. (As amended by R.A. 6968).
ELEMENTS:
1. Offender is a person or persons belonging to the military, or police or holding any public office or employment,
2. Committed by means of swift attack, accompanied by violence, intimidation, threat, strategy or stealth;
3. Directed against:
a. duly constituted authorities of the Philippines
b. any military camp or installation
c. communication networks, public utilities or other facilities needed for the exercise and continued possession of power
4. For the purpose of seizing or diminishing state power.
PERSONS LIABLE:
1. Any person who leads or in any manner directs or commands others to undertake coup d’etat (leaders);
2. Any person in the government service who participates or executes directions or commands of others in undertaking coup d’etat (participants from government);
3. Any person not in the government service who participates, or in any manner, supports, finances, abets, or aids in undertaking a coup d’etat (participants not from government); and
4. Any person who in fact directed the others, spoke for them, signed receipts and other documents issued in their name, or performed similar acts, on behalf of the rebels (deemed leader if leader is unknown)
Notes:
Essence of the crime: Swift attack against the government, its military camps an installations, etc.
It may be committed singly or collectively.
Requires as a principal offender a member of the AFP, PNP, or a public officer with or without civilian support.
Objective: To destabilize, immobilize, or paralyze the existing government by taking over such facilities essential to the continued exercise of governmental powers.
Committed through force, violation, intimidation, threat, strategy, or stealth.
Mere silence or omission is not punishable.
If under the command of unknown leaders, any person who spoke for, signed receipts and other documents issued in their name on behalf of the rebels shall be deemed a leader.
Not a defense: The accused did not take the oath of allegiance to, or that they never recognized the government.
Question: What is a political crime?
Answer: Those directly aimed against the political order; includes common crimes committed to achieve a political purpose. Decisive factor: Intent.
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| coup d' etat |
Art 134-A: Coup d’ etat & Rape; Frustrated (2005)
Taking into account the nature and elements of the felonies of coup d’ etat and rape, may one be criminally liable for frustrated coup d’ etat or frustrated rape? Explain. (2%)
SUGGESTED ANSWER:
No, one cannot be criminally liable for frustrated coup d’ etat or frustrated rape because in coup d’ etat the mere attack directed against the duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communication networks, public utilities or other facilities needed for the exercise and continued possession of power would consummate the crime. The objective may not be to overthrow the government but only to destabilize or paralyze the government through the seizure of facilities and utilities essential to the continued possession and exercise of governmental powers.
On the other hand, in the crime of rape there is no frustrated rape it is either attempted or consummated rape. If the accused who placed himself on top of a woman, raising her skirt and unbuttoning his pants, the endeavor to have sex with her very apparent, is guilty of Attempted rape. On the other hand, entry on the labia or lips of the female organ by the penis, even without rupture of the hymen or laceration of the vagina, consummates the crime of rape. More so, it has long abandoned its "stray" decision in People vs. Erina 50 Phil 998 where the accused was found guilty of Frustrated rape.
Article 134-A. Coup d'etat; How committed. - The crime of coup d'etat is a swift attack accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communications network, public utilities or other facilities needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in the Philippines by any person or persons, belonging to the military or police or holding any public office of employment with or without civilian support or participation for the purpose of seizing or diminishing state power. (As amended by R.A. 6968).
Bar Exam Question (2002)
If a group of persons belonging to the armed forces makes a swift attack, accompanied by violence, intimidation, and threat against a vital military installation for the purpose of seizing power and taking over such installation, what crime or crimes are they guilty of?
Suggested Answer:
The perpetrators, being persons belonging to the Armed Forces, would be guilty of the crime of coup d'etat, under Article 134-A of the Revised Penal Code, as amended, because their attack was against vital military installations which are essential to the continued possession and exercise of governmental powers, and their purpose is to seize power by taking over such installations.
B. If the attack is quelled but the leader is unknown, who shall be deemed the leader thereof?
Suggested Answer:
The leader being unknown, any person who in fact directed the others, spoke for them, signed receipts and other documents issued in their name, or performed similar acts, on behalf of the group shall be deemed the leader of said coup d'etat (Art 135, R.P.C.)
Bar Exam Question (1998)
Art 134-A; Coup d’etat; New Firearms Law (1998)
1. How is the crime of coup d'etat committed?
2. Supposing a public school teacher participated in a coup d'etat using an unlicensed firearm. What crime or crimes did he commit?
Suggested Answer:
1. The crime of coup d'etat is committed by a swift attack, accompanied by violence, intimidation, threat, strategy or stealth against the duly constituted authorities of the Republic of the Philippines, military camps and installations, communication networks, public utilities and facilities needed for the exercise and continued possession of power, carried out singly or simultaneously anywhere in the Philippines by persons belonging to the military or police or holding public office, with or without civilian support or participation, for the purpose of seizing or diminishing state power. (Art 134-A, RPC).
2. The public school teacher committed only coup d'etat for his participation therein. His use of an unlicensed firearm is absorbed in the coup d'etat under the new firearms law (Rep. Act No. 8294).
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