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NOW,
THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by
virtue
of the powers in me vested by the Constitution, do hereby decree and
order:
Section
1. Amendment of Articles 138
& 142, Revised
Penal Code. — Articles 138 & 142 Act
Numbered Thirty Eight hundred and fifteen, otherwise known as the
Revised
Penal Code, are hereby amended by increasing the penalties therein
respectively prescribed to prision mayor or fine ranging from six
thousand
to twelve thousand pesos, or both such imprisonment and fine, for act
or
acts which incite or tend to incite rebellion or sedition or the
undermining,
in any manner, of the faith and confidence of the people in their
government
and/or duly constituted authorities and which penalty shall be imposed
upon:
"1. Those
who shall publicly expound or proclaim doctrines openly rebellious or
seditious;
"2. The
authors of rebellious or seditious literature, published with their
knowledge
in any form; the editors publishing such literature; and the
owners/operators
of the establishment selling the same;
"3. Those
who, in theaters, fairs, cinematographs or any other place, exhibit
rebellious
or seditious plays, scenes, acts or shows which incite or tend to
incite
rebellion or sedition; and
"4. Those
who shall sell, give away or exhibit films, prints, engraving,
sculptures,
or literature which are rebellious or seditious in character.
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 rebellious or seditious 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.
3. 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.
4. The Chief of Constabulary
shall, with the approval of the Secretary of National Defense,
promulgate
the necessary rules and regulations for the effective implementation of
this decree.
Sec.
5. 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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