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Copy of R.A. 6968 COUP D 'ETAT

Criminal Law 3

eu sa

on 6 September 2013

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Transcript of Copy of R.A. 6968 COUP D 'ETAT

R.A. 6968 : What it provides

1. Crime of Coup d'etat

2. Justification (Overturning of Hernandez Doctrine)

How is Coup d’etat committed?
(Art. 134-A)

1. A swift attack accompanied by violence, intimidation, threat,
strategy or stealth.

2. Offender - any person or persons, belonging to the military or police
or holding any public office of employment with or without civilian
support or participation.

3. Attack - 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

4. Purpose - to seize or diminish state power
Art. 135 (Prior to its Amendment)
Punished those who "who while holding any public office or employment takes part therein, engaging in war against the forces of the Government, destroying property or committing serious violence, exacting contributions or diverting public funds from the lawful purpose for which they have been appropriated"

a. That common crimes committed in furtherance of rebellion are absorbed by the crime of rebellion.

b. That it impedes the application of Art. 48 of the RPC to rebellion.

Art. 48. Penalty for complex crimes. — When a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period
1. Art 134-A : Coup d'etat as a crime
2. Art 135 : Prescribing Penalties. Rebellion can now be complexed with common crimes.
3. Art 136: Conspiracy and proposal with their penalties.
Amended Art. 135, RPC
Penalty for rebellion, insurrection or coup d'etat
Reclusion Perpetua for:

1. Any person who promotes, maintains, or heads a rebellion or insurrection

2. Any person who leads or in any manner directs or commands others to undertake a coup d’etat
Reclusion Temporal for:

Any person merely participating or executing the commands of others in a rebellion.
Reclusion Temporal Maximum for:

Any person in the government service who participates, or executes directions or commands of others in undertaking a coup d’etat.
Prision Mayor Maximum for:

Any person not in the government service who participates, or in any manner supports, finances, abets or aids in undertaking a coup d’etat.

Unknown Leaders - 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 shall be deemed a leader.
How is Conspiracy and proposal to commit coup d’etat, rebellion or insurrection committed?
(Art. 136)
A conspiracy exists when two or more persons come to an agreement concerning the commission of coup d’etat, rebellion or insurrection and decide to commit it.
There is proposal when the person who has decided to commit coup d’etat, rebellion or insurrection proposes its execution to some other person or persons.
Conspiracy and Proposal to commit coup d'etat - Prision Mayor in Minimum Period and Fine not exceeding Php 8,000.00
Conspiracy and proposal to commit rebellion or insurrection shall be punished respectively, by Prision Correccional in its maximum period and a fine which shall not exceed five thousand pesos (Php5,000.00) and by Prision Correccional in its medium period and a fine not exceeding two thousand pesos (P2,000.00).
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