Art 134; Rebellion; Politically Motivated; Committed by NPA Members (1998)
On May 5, 1992, at about 6:00 a.m., while Governor Alegre of Laguna was on board his car traveling along the National Highway of Laguna, Joselito and Vicente shot him on the head resulting in his instant death. At that time, Joselito and Vicente were members of the liquidation squad of the New People's Army and they killed the governor upon orders of their senior officer. Commander Tiago. According to Joselito and Vicente,
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they were ordered to kill Governor Alegre because of his corrupt practices. If you were the prosecutor, what crime will you charge Joselito and Vicente? [5%J
SUGGESTED ANSWER:
If I were the prosecutor, I would charge Joselito and Vicente with the crime of rebellion, considering that the killers were members of the liquidation squad of the New People's Army and the killing was upon orders of their commander; hence, politically-motivated. This was the ruling in
People vs. Avila, 207 SCRA 1568 involving
identical facts which is a movement taken judicial notice of as engaged in rebellion against the Government.
ALTERNATIVE ANSWER:
If I were the prosecutor, I would charge Joselito and Vicente for the crime of murder as the purpose of the killing was because of his "corrupt practices ", which does not appear to be politically motivated. There is no indication as to how the killing would promote or further the objective of the New Peoples Army. The killing is murder because it was committed with treachery.
ALTERNATIVE ANSWER:
The crime should be rebellion with murder considering that Art. 135 of the Revised Penal Code has already been amended by Rep. Act No. 6968, deleting from said Article, common crimes which used to be punished as part and parcel of the crime of rebellion. The ruling in People vs. Hernandez, 99 Phil. 515
(1994), that rebellion may not be completed
with common crimes committed in furtherance thereof, was because the common crimes were then penalized in Art. 135 together with the rebellion, with one penalty and Art. 48 of the Rev. Penal Code cannot be applied. Art. 135 of said Code remained exactly the same when the case of Enrile vs, Salazar, 186 SCRA 217 (1990) was resolved. Precisely for the reason that Art. 48 cannot apply because the common crimes were punished as part of rebellion in Art. 135, that this Article was amended, deleting the common crimes therefrom. That the common crimes were deleted from said Article, demonstrates a clear legislative intention to treat the common crimes as distinct from rebellion and remove the legal impediment to the application of Art.
48. It is noteworthy that in Enrile vs.
Salazar (supra) the Supreme Court said
these:
"There is an apparent need to restructure the law on rebellion, either to raise the penalty therefor or to clearly define and delimit the other offenses to be considered as absorbed thereby, so that if it cannot be conveniently utilized as the umbrella for every sort of illegal activity undertaken in its name. The Court has no power to effect such change, for it can only interpret the law as it stands at any given time, and what is needed lies beyond interpretation. Hopefully, Congress will perceive the need for promptly seizing the initiative in this matter, which is purely with in its province,"
And significantly the said amendment to Art. 135 of the Rev. Penal Code was made at around the time the ruling in Salazar was handled down, obviously to
neutralize the Hernandez and the Salazar rulings. The amendment was sort of a rider to the coup d'etat law, Rep. Act No 6968.
Art 134-A: Coup d’ etat & Rape; Frustrated (2005)
Taking into account the nature and elements of the felonies of coup d’ etat and rape, may one be criminally liable for frustrated coup d’ etat or frustrated rape? Explain. (2%)
SUGGESTED ANSWER:
No, one cannot be criminally liable for frustrated coup d’ etat or frustrated rape because in coup d’ etat the mere attack directed against the duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communication networks, public utilities or other facilities needed for the exercise and continued possession of power would consummate the crime. The objective may not be to overthrow the government but only to destabilize or paralyze the government through the seizure of facilities and utilities essential to the continued possession and exercise of governmental powers.
On the other hand, in the crime of rape there is no frustrated rape it is either attempted or consummated rape. If the accused who placed himself on top of a woman, raising her skirt and unbuttoning his pants, the endeavor to have sex with her very apparent, is guilty of Attempted rape. On the other hand, entry on the labia or lips of the female organ by the penis, even without rupture of the hymen or laceration of the vagina, consummates the crime of rape. More so, it has long abandoned its “stray” decision in People vs.
Erina 50 Phil 998 where the accused was
found guilty of Frustrated rape.
Art 134-A; Coup d’etat (2002)
If a group of persons belonging to the armed forces makes a swift attack, accompanied by violence, intimidation and threat against a vital military installation for the purpose of seizing power and taking over such installation, what crime or crimes are they guilty of? (3%)
SUGGESTED ANSWER:
The perpetrators, being persons belonging to the Armed Forces, would be guilty of the crime of coup d'etat, under Article 134-A of the Revised Penal Code, as amended, because their attack was against vital military installations which are essential to the continued possession and exercise of governmental powers, and their purpose is to seize power by taking over such installations.
B. If the attack is quelled but the leader is unknown, who shall be deemed the leader thereof? (2%) SUGGESTED ANSWER:
The leader being unknown, 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 group shall be deemed the leader of said coup d'etat (Art 135, R.P.C.)