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WHEREAS,
there is a pressing need to strengthen and reenforce the continuing
campaign
against subversion by increasing the penalties for crimes against
public
order and by treating as distinct other offenses committed in the
course
of the commission of such crimes;
NOW,
THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by
virtue
of the powers vested in me by the Constitution, do hereby decree and
order
as follows:
Section
1. Article one hundred and thirty-five
of Act Numbered Thirty-eight hundred and fifteen, as amended, is hereby
amended to read as follows:
"Art.
135. Penalties for rebellion
or insurrection. — Any person who promotes, maintains, or heads a
rebellion
or insurrection, or who, while holding any public office or employment
takes part therein, engaging in war against forces of the Government,
destroying
property or 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 temporal in its medium period and
a fine not to exceed 20,000 pesos.
"Any
person merely participating or executing the commands of others in a
rebellion
shall suffer the penalty of reclusion temporal in its minimum period.
"When
the rebellion or insurrection 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, or performed similar acts, on
behalf of the rebels shall be deemed the leader of such rebellion."
Sec.
2. Article one hundred and thirty-six
of the same Act is hereby amended to read as follows:
"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 which shall not exceed 5,000 pesos,
and
by prision mayor in its medium period and a fine not exceeding 2,000
pesos."
Sec.
3. Article one hundred and thirty-seven
of the same Act is hereby amended to read as follows:
"Art.
137. Disloyalty of public officer
or employees. — The penalty of prision mayor in its minimum period
shall
be imposed upon public officers or employees who have failed to resist
a rebellion by all means in their power, or shall continue to discharge
the duties of their offices under the control of the rebels or shall
accept
appointment to office under them."
Sec.
4. Article one hundred and thirty-eight
of the same Act is hereby amended to read as follows:
"Art.
138. Inciting to rebellion or
insurrection. — The penalty of reclusion temporal in its minimum period
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.
5. Article one hundred and forty
of the same Act is hereby amended to read as follows:
"Art.
140. Penalty for sedition. —
The leader of a sedition shall suffer the penalty of reclusion temporal
in its minimum period and a fine not exceeding 10,000 pesos.
Other
persons participating therein shall suffer the penalty of prision mayor
in its maximum period and fine not exceeding 5,000 pesos."
Sec.
6. Article one hundred and forty-one
of the same Act is hereby amended to read as follows:
"Art.
141. 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 2,000
pesos."
Sec.
7. Article one hundred and forty-two
of the same Act is hereby amended to read as follows:
"Art.
142. Inciting to sedition. —
The penalty of prision mayor in its maximum period and a fine not
exceeding
2,000 pesos shall be imposed upon any person who, without taking any
direct
part in the crime of sedition, should incite others to the
accomplishment
of any of the acts which constitute sedition, by means of speeches,
proclamations,
writings, emblems, cartoon, 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, or 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 to tend to stir up the people
against
the lawful authorities or to disturb the peace of the community, the
safety
and order of the Government, or who shall knowingly conceal such evil
practices."
Sec.
8. There is hereby added to the
same Act, Article 142-A, to be inserted after Article 142 thereof, and
which shall read as follows:
"Art.
142-A. Cases where other offenses
are committed. — When by reason or on the occasion of any of the crimes
penalized in this Chapter, acts which constitute offenses upon which
graver
penalties are imposed by law are committed, the penalty for the most
serious
offense in its maximum period shall be imposed upon the offender."
Sec.
9. This Decree shall take effect
upon promulgation.
DONE in the City of Manila, this 10th day of June, in the year of Our Lord, nineteen hundred and seventy-six..chan robles virtual law library
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