Digested by: Roselyn Mia A.

Abella
Criminal Law II
4-Year Program
TITLE III. Crimes Against Public Order

GONZALES v. ABAYA
G.R. No. 164007
August 10, 2006
FACTS:
On July 26, 2003, President Gloria Macapagal Arroyo received intelligence
reports that some members of the AFP, with high-powered weapons, had abandoned
their designated places of assignment. Their aim was to destabilize the government.
The President then directed the AFP and the Philippine National Police (PNP) to track
and arrest them.
On July 27, 2003 at around 1:00 a.m., more than 300 heavily armed junior
officers and enlisted men of the AFP—mostly from the elite units of the Army’s Scout
Rangers and the Navy’s Special Warfare Group—entered the premises of the Oakwood
Premier Luxury Apartments on Ayala Avenue, Makati City. They disarmed the security
guards and planted explosive devices around the building.
Led by Navy Lt. (SG) Antonio Trillanes IV, the troops sported red armbands
emblazoned with the emblem of the “Magdalo” faction of the Katipunan. The troops
then, through broadcast media, announced their grievances against the administration
of President Gloria Macapagal Arroyo, such as the graft and corruption in the military
the illegal sale of arms and ammunition to the “enemies” of the State, and the bombings
in Davao City intended to acquire more military assistance from the US government.
They declared their withdrawal of support from their Commander-in-Chief and
demanded that she resign as President of the Republic. They also called for the
resignation of her cabinet members and the top brass of the AFP and PNP.
The National Bureau of Investigation (NBI) investigated the incident and
recommended that the military personnel involved be charged with coup d’etat defined
and penalized under Article 134-A of the Revised Penal Code, as amended. On July 31,
2003, the Chief State Prosecutor of the Department of Justice (DOJ) recommended the
filing of the corresponding Information against them.
ISSUE:
Whether or not the accused committed Coup d’etat?
HELD:
Yes, since all of the elements under Article 134-A of the Revised Penal Code as
amended by R.A 6968 are present.
Article 134-A of the Revised Penal Code as amended by R.A 6968 provides
when Coup d'etat is committed.
The following elements must be present in order for the Coup d’etat to occur.
1. The offender is a person or persons belonging to the military or police or
holding any publice office or employment.
Digested by: Roselyn Mia A. Abella
Criminal Law II
4-Year Program
TITLE III. Crimes Against Public Order

- The 300 heavily armed men were junior officers and enlisted men of the AFP—
mostly from the elite units of the Army’s Scout Rangers and the Navy’s Special
Warfare Group which belongs to the military.

2. That it is committed by means of a swift attack, accompanied by violence,

intimidation, threat, strategy, or stealth.

- Here, the military armed men disarmed the security guards and planted
explosive devices around the building and entered the premises of the Oakwood
Premier Luxury Apartments on Ayala Avenue, Makati City.

3. That the attack is directed against 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.

- It is clear that the move done by the armed men is directly against Gloria
Macapagal Arroyo. The troops then, through broadcast media, announced their
grievances against the administration of President Gloria Macapagal Arroyo,
such as the graft and corruption in the military the illegal sale of arms and
ammunition to the “enemies” of the State, and the bombings in Davao City
intended to acquire more military assistance from the US government.

4. That the purpose of the attack is to seize or diminish state power.

- In the case at bar, the armed men declared their withdrawal to support the
President as their Commander-in-chief and demanded that she resign as
President of the Republic. They also called for the resignation of her cabinet
members and the top brass of the AFP and PNP. This is tantamount to the
diminishing of state power.