QuestionsQuestions (Republic Act No. 6968)
RA 6968 amends Articles 134, 135, and 136 of the Revised Penal Code to specifically define and punish the crime of coup d’état, and to revise penalties for rebellion/insurrection/coup d’état and for conspiracy/proposal.
It changes the heading to: "REBELLION, COUP D'ETAT, SEDITION AND DISLOYALTY."
Rebellion/insurrection is committed by: (1) rising publicly and taking arms against the Government; (2) doing so for the purpose of removing allegiance to the Government or its laws; (3) either: removing the territory of the Republic of the Philippines or any part thereof, or depriving the Chief Executive or the Legislature, wholly or partially, of powers or prerogatives.
It introduces a specific article defining "Coup d'etat" (Article 134-A).
A coup d’état is a swift attack accompanied by violence, intimidation, threat, strategy, or stealth, directed against duly constituted authorities or specified critical targets (military camps/installations, communications networks, public utilities, or other facilities needed for exercising and continued possession of power), carried out anywhere in the Philippines by persons belonging to the military or police or holding public office/employment (with or without civilian support), for the purpose of seizing or diminishing state power.
Rebellion/insurrection centers on publicly rising and taking arms to remove allegiance or deprive the Chief Executive/Legislature of powers. Coup d’état centers on a swift attack using violence/intimidation/threat/strategy/stealth against duly constituted authorities or critical facilities needed to exercise and maintain power, by military/police/public officers, aiming to seize or diminish state power.
Duly constituted authorities, or any military camp/installation; communications networks; public utilities; or other facilities needed for exercising and continued possession of power.
Yes. The article states the coup is carried out by persons "belonging to the military or police or holding any public office or employment" (with or without civilian support or participation).
Reclusion perpetua.
Reclusion temporal.
Reclusion perpetua.
Reclusion temporal in its maximum period.
Prison mayor in its maximum period.
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/revolutionaries shall be deemed a leader of such rebellion, insurrection, or coup d’état.
Prision mayor in its minimum period and a fine not exceeding P8,000.00.
Conspiracy/proposal to commit rebellion or insurrection is punished with prision correccional in its maximum period and a fine not exceeding P5,000.00 for conspiracy/proposal (as stated in the provision), and also by prision correccional in its medium period with a fine not exceeding P2,000.00 for the other mode/grade described in the article. (Students should distinguish the two fines/periods reflected in Article 136’s amended wording.)
Section 6 contains a repealing clause for laws/executive orders/rules/regulations inconsistent with RA 6968. Section 7 is a separability clause: if any provision or application is declared invalid/unconstitutional, the remainder remains effective.
Upon its approval and publication in at least two (2) newspapers of general circulation.