Friday, November 30, 2007

Futile Attempt at Destabilizing

Article 134-A, Revised Penal Code: Coup d'etat - How committed. - The crime of coup d'etat is a swift attack accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communications networks, public utilities or other facilities needed for the exercise and continued possession of power singly, or simultaneously carried out anywhere in the Philippines by any person or persons, belonging to the military or police or holding any public office or employment with or without civilian support or participation for the purpose of seizing or diminishing state power. (As amended by R.A. No. 6968, October 24, 1990.)

Can the event yesterday come within the purview of coup d'etat as defined under our penal code?

Contempt - is a disregard of or disobedience with rules or orders of a judicial body, or an interruption of its proceedings by disorderly behavior, or insolent language, in its presence or so near thereto, as to disturb the proceedings or to impair the respect due to such a body. (17 C.J.S. 4)

Rules of Court, Rule 71, Section 1. Direct contempt punished summarily. A person guilty of misbehavior in the presence of or so near a court as to obstruct or interrupt the proceedings before the same, including disrespect toward the court, offensive personalities toward others, or refusal to be sworn or to answer as a witness, or to subscribe an affidavit or deposition when lawfully required to do so, may be summarily adjudged in contempt by such court and punished by a fine not exceeding two thousand pesos or imprisonment not exceeding ten (10) days, or both, if it be a Regional Trial Court or a court of equivalent or higher rank, or by a fine not exceeding two hundred pesos or imprisonment not exceeding one (1) day, or both, if it be a lower court.

Section 2. Remedy therefrom. The person adjudged in direct contempt by any court may not appeal therefrom, but may avail himself of the remedies of certiorari or prohibition. The execution of the judgment shall be suspended pending resolution of such petition, provided such person files a bond fixed by the court which rendered the judgment and conditioned that he will abide by and perform the judgment should the petition be decided against him. (2a)

Section 3. Indirect contempt to be punished after charge and hearing. � After a charge in writing has been filed, and an opportunity given to the respondent to comment thereon within such period as may be fixed by the court and to be heard by himself or counsel, a person guilty of any of the following acts may be punished for indirect contempt;
(a) Misbehavior of an officer of a court in the performance of his official duties or in his official transactions;
(b) Disobedience of or resistance to a lawful writ, process, order, or judgment of a court, including the act of a person who, after being dispossessed or ejected from any real property by the judgment or process of any court of competent jurisdiction, enters or attempts or induces another to enter into or upon such real property, for the purpose of executing acts of ownership or possession, or in any manner disturbs the possession given to the person adjudged to be entitled thereto;
(c) Any abuse of or any unlawful interference with the processes or proceedings of a court not constituting direct contempt under section 1 of this Rule
(d) Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of justice;
(e) Assuming to be an attorney or an officer of a court, and acting as such without authority;
(f) Failure to obey a subpoena duly served;
(g) The rescue, or attempted rescue, of a person or property in the custody of an officer by virtue of an order or process of a court held by him.

But nothing in this section shall be so construed as to prevent the court from issuing process to bring the respondent into court, or from holding him in custody pending such proceedings.

It was funny.. You watch the TV and it is as if the entire country is in chaos... But just put it off... voila peace! The riot was in Makati, in Luzon.. Not in Davao, in Mindanao... Peace is at home here... Good thing... No curfews.. The gangsta lead by Trillanes were marching... Wanted to start another Edsa... But instead in the streets they did it in a lavish Hotel... Funny... Who would they expect to join them? Masses... Yeah right, no masa would even attempt to enter the lush premises of the hotel... You can't persuade the masa to join you raise arms against the government from a HOTEL. They would shy away from the expensive look of the premises... Not to mention, the whole attempt was untimely.... We still have other Filipinos who were recently plagued by whoever that bagyo was Lando, Nina?hehe

Will this be "a boy who cried wolf" for Trillanes?

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