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COUP D’ ETAT

Art. 134 - A

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.


coup d' etat
coup d' etat

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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