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 detat (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.)

Art 134-A; Coup detat; New Firearms Law (1998)

1. How is the crime of coup d'etat committed? [3%]

2. Supposing a public school teacher participated in a coup d'etat using an unlicensed firearm.
What crime or crimes did he commit? [2%]

SUGGESTED ANSWER:

1. The crime of coup d'etat is committed by a swift attack, accompanied by violence, intimidation,
threat, strategy or stealth against the duly constituted authorities of the Republic of the Philippines,
military camps and installations, communication networks, public utilities and facilities needed for
the exercise and continued possession of power, carried out singly or simultaneously anywhere in the
Philippines by persons belonging to the military or police or holding public office, with or without
civilian support or participation, for the purpose of seizing or diminishing state power. (Art 134-A,
RPC).

2. The public school teacher committed only coup d'etat for his participation therein. His use of an
unlicensed firearm is absorbed in the coup d'etat under the new firearms law (Rep. Act No. 8294).

Art. 134; Rebellion vs. Coup d'etat (2004)

Distinguish clearly but briefly: Between rebellion and coup d'etat, based on their constitutive
elements as criminal offenses.

SUGGESTED ANSWER:

REBELLION is committed when a multitude of persons rise publicly in arms for the purpose of
overthrowing the duly constituted government, to be replaced by a government of the rebels. It is
carried out by force and violence, but need not be participated in by any member of the military,
national police or any public officer.

COUP D'ETAT is committed when members of the military, Philippine National Police, or public
officer, acting as principal offenders, launched a swift attack thru strategy, stealth, threat, violence or
intimidation against duly constituted authorities of the Republic of the Philippines, military camp or
installation, communication networks, public facilities or utilities needed for the exercise and
continued possession of governmental powers, for the purpose of seizing or diminishing state
powers.

Unlike rebellion which requires a public uprising, coup d'etat may be carried out singly or
simultaneously and the principal offenders must be members of the military, national police or public
officer, with or without civilian support. The criminal objective need not be to overthrow the existing
government but only to destabilize or paralyze the existing government.