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WHEREAS,
some persons who are not leaders but are merely participating in the
crimes
of rebellion or insurrection and/or sedition, are oftentimes not aware
of the impact and consequences of their unlawful acts;
WHEREAS,
Presidential Decrees Nos. 1974 and 1975, issued on the 2nd day of May
1985,
discarded the uniform penalty of reclusion perpetua to death imposed
order
Presidential Decree No. 1834 for the crime of conspiracy and proposal
to
commit rebellion or insurrection, inciting to rebellion or
insurrection,
plot or conspiracy to commit sedition, etc.; and deleted the penalties
of forfeiture of rights as citizens of the Philippines and the
confiscation
in favor of the State of real and personal properties of persons
violating
Presidential Decree No. 1835;
WHEREAS,
in the spirit of national reconciliation, the Government deems it
appropriate
to further temper the penalties for those who are merely participating
in the acts constituting rebellion or insurrection, sedition and/or
other
offenses;
WHEREAS,
the Batasang Pambansa again adjourned its session without having acted
promptly and adequately on the Parliamentary Bills seeking the repeal
and/or
modification of the uniform penalty for rebellion and sedition, and
other
measures to meet the exigencies or imperatives of national
reconciliation.
NOW,
THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by
virtue
of the powers vested upon me by the Constitution do hereby decree:
Section
1. Article 135 of the Revised
Penal Code as amended, is hereby further amended to read as follows:
"Art.
135. Penalty for rebellion or
insurrection. — Any person who promotes, maintains or heads a rebellion
or insurrection, or while holding any public office or employment takes
part therein, engaging in war against the forces of the Government,
destroying
property for committing serious violence, exacting contributions or
diverting
public funds from the lawful purpose for which they have been
appropriated,
shall suffer the penalty of reclusion perpetua to death.
"Any
person merely participating or executing the commands of others in a
rebellion
shall suffer the penalty of reclusion temporal in its medium period and
a fine not to exceed 20,000 pesos.
.chan
robles
virtual law library
"Art.
140. Penalty for Sedition. —
The leader of a sedition shall suffer the penalty of reclusion perpetua
to death.
"Other
persons participating therein shall suffer the penalty of reclusion
temporal
in its minimum period and a fine not exceeding 10,000 pesos.
Sec.
3. Article 142-B of the Revised
Penal Code is hereby further amended to read as follows:
"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,
adheres to the perpetration of such crimes, giving them aid and
comfort.
The same penalty shall 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, knowingly and with specific intent
of giving assistance, allow the use of such facilities on the purpose
of
committing any of the Acts punished by Articles 138 and 142 of this
Code,
or who shall use or, knowingly and with specific intent of giving
assistance,
allow the use of such facilities for any plot or conspiracy to
accomplish
any of the acts which constitute rebellion or insurrection or
sedition.
"Conviction
for the offenses provided under this Article shall carry with it the
forfeiture
and/or confiscation of the mass media facilities; firearms and
explosives,
and all other instruments, equipment or tools directly used in their
commission."
Sec.
4. Article 146 of the Revised
Penal Code is hereby further amended to read as follows:
"Art.
146. Illegal Assemblies. — The
penalty of prision mayor in its medium period shall be imposed upon the
organizers or leaders of:
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
3. Any
meeting which is held 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 such meeting carries an unlicensed firearms, it
shall
be presumed that the purpose of said meeting insofar as he is
concerned,
is to commit act punishable under this Code, and he shall be considered
a leader or organizer of the meeting within the purview of the
preceding
paragraph."
"As
used in this Article, the word "meeting" shall be understood to include
in gathering or group such as public rallies and similar group actions,
whether in a fixed place or moving."
Sec.
5. All laws, decrees, executive
or administrative orders, rules and regulations, or parts thereof,
inconsistent
with the provisions of this Decree, are hereby repealed, amended or
modified
accordingly.
Sec.
6. This Decree shall take effect
after fifteen (15) days following its publication in the Official
Gazette.
Done in the City of Manila, this 5th day of November, in the year of Our Lord, nineteen hundred and eighty-five..chan robles virtual law library
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