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"Sec.
1. Amendment of Article 201,
Revised
Penal Code. —Article 201 of
Act Numbered Thirty-Eight hundred and fifteen, otherwise known as the
Revised
Penal Code, is amended to read as follows:
"Art.
201. Immoral doctrines, obscene
publications and exhibitions, and indecent shows. — The penalty of
prision
mayor or a fine ranging from six thousand to twelve thousand pesos, or
both such imprisonment and fine, shall be imposed upon:
"1. Those
who shall publicly expound or proclaim doctrines openly contrary to
public
morals;
"2. a.
The authors of obscene literature, published with their knowledge in
any
form; the editors publishing such literature; and the owners/operators
of the establishment selling the same;
"b. Those
who, in theaters, fairs, cinematographs or any other place, exhibit
indecent
or immoral plays, scenes, acts or shows, it being understood that the
obscene
literature or indecent or immoral plays, scenes, acts or shows, whether
live or in film, which are prescribed by virtue hereof, shall include
those
which: (1) glorify criminals or condone crimes; (2) serve no other
purpose
but to satisfy the market for violence, lust or pornography; (3) offend
any race religion; (4) tend to abet traffic in and use of prohibited
drugs;
and (5) are contrary to law, public order, morals, good customs,
established
policies, lawful orders, decrees and edicts.
"3. Those
who shall sell, give away or exhibit films, prints, engravings,
sculpture
or literature which are offensive to morals.
"Sec.
2. Disposition of the Prohibited
Articles. — The disposition of the literature, films, prints,
engravings,
sculptures, paintings, or other materials involved in the violation
referred
to in Section 1 hereof shall be governed by the following rules:
"a. Upon
conviction of the offender, to be forfeited in favor of the government
to be destroyed.
"b. Where
the criminal case against any violator of this decree results in an
acquittal,
the obscene/immoral literature, films, prints, engravings, sculpture,
paintings
or other materials and articles involved in the violation referred to
in
Section 1 hereof shall nevertheless be forfeited in favor of the
government
to be destroyed, after forfeiture proceedings conducted by the Chief of
Constabulary.
"c. The
person aggrieved by the forfeiture action of the Chief of Constabulary
may, within fifteen (15) days after his receipt of a copy of the
decision,
appeal the matter to the Secretary of National Defense for review. The
decision of the Secretary of National Defense shall be final and
unappealable.
"Sec.
4. Additional Penalties. — Additional
penalties shall be imposed as follows:
"1. In
case the offender is a government official or employee who allows the
violations
of Section 1 hereof, the penalty as provided herein shall be imposed in
the maximum period and, in addition, the accessory penalties provided
for
in the Revised Penal Code, as amended, shall likewise be imposed."
Sec.
2. To be inserted between Sections
4 and 5 of Presidential Decree No. 960 is Section 4-A to read as
follows:
"Sec.
4-A. The Chief of Constabulary
shall, with the approval of the Secretary of National Defense,
promulgate
the necessary rules and regulations for the implementation of this
decree."
Sec.
3. This decree shall take effect
fifteen (15) days after its publication by the Department of Public
Information
in two (2) newspapers of general circulation.
Done in the City of Manila, this 24th day of July in the year of Our Lord, nineteen hundred and seventy-six..chan robles virtual law library
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