Punishment for Coup d'Etat

Section 1 amends the heading of Chapter One, Title Three of the Revised Penal Code to read: “REBELLION, COUP D’ETAT, SEDITION AND DISLOYALTY.”
Section 2 amends Article 134 by defining the crime of rebellion or insurrection as occurring by rising publicly and taking arms against the Government for the purpose of:
- removing from allegiance to the Government or its laws the territory of the Republic of the Philippines or any part thereof, or
- removing from allegiance the Government or its laws any body of land, naval or other armed forces, or
- depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives.

Section 3 adds Article 134-A, defining coup d’etat as a swift attack accompanied by violence, intimidation, threat, strategy or stealth.
The swift attack must be directed against duly constituted authorities of the Republic of the Philippines, or against any:
- military camp or installation,
- communications networks,
- public utilities, or
- other facilities needed for the exercise and continued possession of power.
The act may be carried out singly or simultaneously.
The act may be carried out anywhere in the Philippines.
The person(s) committing the coup must be any person or persons belonging to the military or police or holding any public office or employment, with or without civilian support or participation.
The purpose element is seizing or diminishing state power.

Section 4 amends Article 135 and imposes the following penalties:
- A person who promotes, maintains, or heads a rebellion or insurrection is punished by reclusion perpetua.
- A person who merely participates or executes the commands of others in a rebellion or insurrection is punished by reclusion temporal.
- A person who leads or in any manner directs or commands others to undertake a coup d’etat is punished by reclusion perpetua.
- A person in the government service who participates, or executes directions or commands of others, in undertaking a coup d’etat is punished by reclusion temporal in its maximum period.
- A person not in the government service who participates, or in any manner supports, finances, abets, or aids in undertaking a coup d’etat is punished by prison mayor in its maximum period.
Section 4 provides a rule for unknown leaders: when the rebellion, insurrection, or coup d’etat is under the command of 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 is deemed a leader of the rebellion, insurrection, or coup d’etat.

Section 5 amends Article 136 and imposes penalties for conspiracy and proposal:
- Conspiracy and proposal to commit coup d’etat are punished by prision mayor in its minimum period and a fine not exceeding eight thousand pesos (P8,000.00).
Conspiracy and proposal to commit rebellion or insurrection are punished as follows:
- Conspiracy and proposal to commit rebellion or insurrection are punished, respectively, by prision correccional in its maximum period and a fine not exceeding five thousand pesos (P5,000.00), and by prision correccional in its medium period and a fine not exceeding two thousand pesos (P2,000.00).

Section 6 provides that all laws, executive orders, rules and regulations, or any part thereof, inconsistent with the Act are deemed repealed or modified accordingly.
Section 7 establishes a separability clause: if any section or provision, or any part thereof, or its application is declared invalid or unconstitutional, the remainder is not affected.
Section 8 states the effectivity: the Act takes effect upon approval and publication in at least two (2) newspapers of general circulation.