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This page features the full text of
Presidential Decree No. 1974
AMENDING
PRESIDENTIAL
DECREE NO. 1834
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Presidential
Decree No. 1834
Increasing
the Penalties for the Crime of Rebellion, Sedition, and Related Crimes,
and Amending for This Purpose Articles 135, 136, 140, 141, 142, 143,
144,
146 and 147 of th Revised Penal Code and Adding Section 142-B Thereto.
(Repealed
by Executive
Order No. 187, Series of 1987)
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PRESIDENTIAL
DECREE NO. 1974
AMENDING
PRESIDENTIAL
DECREE NO. 1834
(This
law has been repealed by Executive
Order No. 187, S. 1987)
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WHEREAS,
under Presidential
Decree No. 1834 a uniform penalty of reclusion perpetua to a death
is imposed for the crimes of rebellion or insurrection, conspiracy and
proposal to commit rebellion or insurrection, inciting to rebellion or
insurrection, sedition plot or conspiracy to commit sedition, inciting
to sedition, and on any person who, on occasion of a rebellion or
sedition,
gives aid and comfort to the perpetrators of such crimes or who uses or
allows the use of mass media facilities to mount a sustained propaganda
assault against the government;
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WHEREAS,
in the spirit of national reconciliation, the Government has deemed it
wise to temper the penalties for conspiracy or proposal or inciting to
commit such crimes.
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NOW,
THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines by
virtue
of the powers vested in me by the Constitution, do hereby decree:chanroblesvirtuallawlibrary
Section
1. Article 136 of the Revised
Penal Code is hereby further amended to read as follows:chanroblesvirtuallawlibrary
"Art.
136. Conspiracy and Proposal
to Commit Rebellion or Insurrection. — The conspiracy and proposal to
commit
rebellion or insurrection shall be punished respectively, by prision
mayor
in its maximum period and a fine not exceeding 12,000 pesos and by
prision
mayor in its medium period and a fine not exceeding 10,000 pesos.
Sec.
2. Article 138 of the Revised
Penal Code is hereby further amended to read as follows:chanroblesvirtuallawlibrary
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"Art.
138. Inciting to Rebellion or
Insurrection. — The penalty of reclusion temporal in its minimum period
and a fine not exceeding 15,000 pesos shall be imposed upon any person
who, without taking arms or being in open hostility against the
Government,
shall incite others to the execution of any of the acts specified in
Article
134 of this Code, by means of speeches, proclamations, writings,
emblems,
banners or other representations tending to the same end."
Sec.
3. Article 141 of the Revised
Penal Code is hereby further amended to read as follows:chanroblesvirtuallawlibrary
"Art.
141. Plot or conspiracy to Commit
Sedition. — Persons conspiring to commit the crime of sedition shall be
punished by prision mayor in its medium period and a fine not exceeding
10,000 pesos,"
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Sec.
4. Article 142 of the Revised
Penal Code is hereby further amended to read as follows:chanroblesvirtuallawlibrary
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"Art.
142. Inciting to Sedition. —
The penalty ofprision mayor in its
maximum period and a fine of not exceeding 12,000 pesos shall be
imposed
upon any person who, without taking any direct part in the crime of
sedition,
should incite others to the accomplishments of acts which constitute
sedition,
by means of speeches, proclamations, writings, emblems, cartoons,
banners,
or other representations tending to the same end, or upon any person or
persons who shall utter seditious words or speeches, write, publish or
circulate scurrilous libels against the Government of the Philippines
or
any of the duly constituted authorities thereof, which tend to disturb
or obstruct any lawful officer in executing the functions of his
office,
or which tend to instigate others to cabal and meet together for
unlawful
purposes, or which suggest or incite rebellious conspiracies or riots,
or which lead or tend to stir up the people against the lawful
authorities
or to disturb the people of the community, the safety and order of the
Government, or who shall knowingly conceal such evil practices."
Sec.
5. There is hereby added to Chapter
One of Title III of the Revised
Penal Code, Article 142-B to be inserted after Article 142-A which
shall read as follows:chanroblesvirtuallawlibrary
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"Art.
142-B. The penalty of prision
mayor in its minimum period and a fine not exceeding 8,000 pesos shall
be imposed on any person who, on the occasion of a rebellion or
sedition,
gives aid and comfort to the perpetrators of such crimes. The same
penalty
shall also be imposed upon such person who, having control and
management
of printing, broadcast or television facilities, or any form of mass
communication,
shall use or follow the use of such facilities for the purpose of
mounting
sustained propaganda assaults against the Government or any of its duly
constituted authorities, which tend to destabilize the Government or
undermine
or destroy the faith and loyalty of the citizenry thereto, or who shall
use or allow the use of such facilities for any plot or conspiracy to
accomplish
any of the acts which constitute rebellion or insurrection or sedition.
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"Conviction
for the offenses provided under this Article shall carry with it the
forfeiture
and/or sequestration of the mass media facilities, firearms and
explosives,
and all other instruments, equipment or tools used in their commission."
Sec.
6. Article 143 of the Revised
Penal Code is hereby further amended to read as follows:chanroblesvirtuallawlibrary
"Art.
143. Acts tending to prevent
the meetings of the Assembly and similar bodies. — The penalty of prision
correctional in its maximum period and a fine not exceeding 4,000
pesos,
or both, shall be imposed upon any person who, by force or fraud,
prevents
the meeting of the Batasang Pambansa, or any of its committees or
subcommittees
or divisions thereof, or any local legislative body.
"The
penalty of prision correccional
in maximum period and a fine not exceeding 6,000 pesos shall be imposed
in case of a second conviction."
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Sec.
7. Article 144 of the Revised
Penal Code is hereby further amended to read as follows:chanroblesvirtuallawlibrary
"Art.
144. Disturbance of Proceedings.
— The penalty of arresto mayor in its maximum period and a fine not
exceeding
1,000 pesos shall be imposed upon any person who disturbs the meetings
of the Batasang Pambansa, or of any of its committees or divisions
thereof,
or of any local legislative body, or in the presence of any such
bodies,
should behave in such manner as to interrupt its proceedings or impair
the respect due it.
"In
case of a second conviction, the penalty of prision
correccional in its maximum period and a fine not exceeding 5,000 pesos
shall be imposed."
Sec.
8. Article 146 of the Revised
Penal Code is hereby further amended to read as follows:
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"Art.
146. Illegal Assemblies. — The
penalty of prision mayor in
its medium period shall be imposed upon the organizers or leaders of:chanroblesvirtuallawlibrary
1. Any
meeting attended by armed persons for the purpose of committing any of
the crimes punishable under this Code;
2. 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; and
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3. Any
meeting which is held for propaganda purposes against the Government or
any of its duly constituted authorities in order to destabilize the
Government
or undermine its authority by eroding the faith and loyalty of the
citizenry
thereto, or for the purpose of supporting any plot or conspiracy to
accomplish
any of the acts which constitute rebellion or insurrection or sedition.
"Persons
merely present at such meeting shall suffer the penalty of arresto
mayor
in its maximum period, unless they are armed, in which case the penalty
shall be prision correccional in its maximum period.
"If
any person present at the meeting carries an unlicensed firearm, it
shall
be presumed that the purpose of said meeting, insofar as he is
concerned,
it to commit acts punishable under this Code, and he shall be
considered
a leader or organizer of the meeting within the purview of the
preceding
paragraph.
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"As
used in this Article, the word 'meeting' shall be understood to include
a gathering or group such as public rallies, and similar group actions,
whether in a fixed place or moving."
Sec.
9. Article 147 of the Revised
Penal Code is hereby further amended to read as follows:chanroblesvirtuallawlibrary
"Art.
147. Illegal Associations. —
The penalty of prision correccional
in its maximum period shall be imposed upon the founders, directors,
presidents
and other officers of associations totally or partially organized for
the
purpose of committing any of the crimes punishable under this Code or
for
some purpose contrary to public morals. Mere members of said
associations
shall suffer the penalty of arresto mayor in its maximum period."
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Sec.
10. This Decree shall take effect
after fifteen (15) days following its publication in the Official
Gazette.
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DONE
in the City of Manila, Philippines, this 2nd day of May in the year of
Our Lord, nineteen hundred and eighty-five.
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