Title
Supreme Court
Punishment for Coup d'Etat - RA 6968
Law
Republic Act No. 6968
Decision Date
Oct 24, 1990
Republic Act No. 6968 amends the definition of rebellion and insurrection, introduces the crime of coup d'etat, imposes penalties for involvement in these acts, criminalizes conspiracy and proposals to commit them, and repeals or modifies inconsistent laws in the Philippines.

Law Summary

Definition and Elements of Rebellion or Insurrection (Article 134)

  • Rebellion or insurrection involves an open and armed uprising against the Government.
  • The purpose is to remove from allegiance the territory or any armed forces of the Republic of the Philippines.
  • It can also involve depriving the Chief Executive or Legislature wholly or partially of their powers.

Definition and Elements of Coup d'etat (Article 134-A)

  • Coup d'etat is defined as a swift attack involving violence, intimidation, threats, strategy, or stealth.
  • Targets are duly constituted authorities, military camps, communications networks, public utilities, or facilities essential for maintaining power.
  • Perpetrated by military, police, or public officers with or without civilian participation.
  • The objective is to seize or diminish state power.

Penalties for Rebellion, Insurrection, and Coup d'etat (Article 135)

  • Promoters or leaders of rebellion or insurrection face reclusion perpetua.
  • Participants or executors of orders in rebellion or insurrection face reclusion temporal.
  • Leaders of coup d'etat are punishable by reclusion perpetua.
  • Government personnel participating in coup d'etat face maximum period reclusion temporal.
  • Civilians supporting or aiding coup d'etat face maximum period prison mayor.
  • Unknown leaders identified through their actions such as directing or signing receipts are deemed leaders.

Penalties for Conspiracy and Proposal (Article 136)

  • Conspiracy and proposal for coup d'etat: punishment by minimum period prision mayor and fine up to P8,000.
  • Conspiracy and proposal for rebellion or insurrection: punished by prision correccional with varying periods and fines up to P5,000.

Repealing Clause

  • All inconsistent laws, orders, or regulations are repealed or modified to align with this law.

Separability Clause

  • If any provision is declared invalid or unconstitutional, the remaining provisions stay effective.

Effectivity

  • The law takes effect upon approval and publication in at least two newspapers of general circulation.

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