on today’s breaking news, Oakwood promulgation, plea of guilt, some provisions

ON TODAY’S BREAKING NEWS, PROMULGATION OF DECISION,  NINE ACCUSED, PLEA OF GUILT, OAKWOOD ASSEMBLY; SOME PROVISIONS ON: COUP, ILLEGAL ASSEMBLY, MITIGATING CIRCUMSTANCE, PARDON, BAIL.

(Natoire, Charles-Joseph. Venus Demanding Arms from Vulcan for Aeneas. After 1732. Oil on canvas, 194 x 140 cm. Musée Fabre, Montpellier. Downloaded with express permission from the Web Gallery of Art at http://www.wga.hu from site admin Emil Kren, Ph.D.. Many thanks.)

  

 

 

REVISED PENAL CODE:

          “Article 135. Penalty for rebellion, insurrection or coup d’ tat. – Any person who promotes, maintains or heads a rebellion or insurrection shall suffer the penalty of reclusion perpetua.

          “Any person merely participating or executing the commands of others in a rebellion or insurrection shall suffer the penalty of reclusion temporal.

        “Any  person who leads or in any manner directs or commands others to undertake a coup d’ tat shall suffer the penalty of reclusion perpetua.

        “Any  person in the government service who participates, or executes directions or commands of others in undertaking a coup d’ tat shall suffer the penalty of reclusion temporal in its maximum period.

       “Any person not in the government service who participates, or in any manner supports, finances, abets or aids in undertaking a coup d’ tat shall suffer the penalty of prision mayor in its maximum period.

          “When the rebellion, insurrection, or coup d’ tat shall be 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, as performed similar acts, on behalf of the rebels shall be deemed a leader of such rebellion, insurrection, or coup d’ tat. (As amended by Republic Act No. 6968, approved on October 24, 1990) (underscoring supplied)

XXXXXX

 

          “Article 146. Illegal assemblies. – The penalty of prision correccional in its maximum period to prision mayor in its medium period shall be imposed upon the organizers or leaders of any meeting attended by armed persons for the purpose of committing any of the crimes punishable under this Code, or of any meeting in which the audience is incited to the commission of the crime of treason, rebellion or insurrection, sedition or assault upon a person in authority or his agents.  Persons merely present at such meeting shall suffer the penalty of arresto mayor, unless they are armed, in which case the penalty shall be prision correccional.  (underscoring supplied)

 

XXXXXXXX

          “Article 27. Reclusion perpetua. – The penalty of reclusion perpetua shall be from twenty years and one day to forty years.

         “Reclusion temporal. – The penalty of reclusion temporal shall be from twelve years and one day to twenty years.

        “Prision correccional, suspension, and destierro. – The duration of the penalties of prision correccional, suspension and destierro shall be from six months and one day to six years, except when suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty.

                               XXXXXXXXX          

 

          “Article 13. Mitigating circumstances. – The following are mitigating circumstances:

 

       XXXXXXXX

 

       “7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution.

                   XXXXXXXXX

 

        “10. And, finally, any other circumstance of a similar nature and analogous to those above mentioned.

 

XXXXXXXX                                                                                                         

 

          “Article 36. Pardon; its effect. – A pardon shall not work the restoration of the right to hold public office, or the right of suffrage, unless such rights be expressly restored by the terms of the pardon.

          “A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence.

XXXXX

 

RULES OF COURT:

 

           “Rule 114. Section 5. Bail, when discretionary.  Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment, admission to bail is discretionary. The application for bail may be filed and acted upon by the trial court despite the filing of a notice of appeal, provided it has not transmitted the original record to the appellate court. However, if the decision of the trial court convicting the accused changed the nature of the offense from non-bailable to bailable, the application for bail can only be filed with and resolved by the appellate court.”