(REPEALED
BY EXECUTIVE ORDER NO. 187, S. 1987)
WHEREAS, in this period of economic recovery and in our fight against
insurgency, Presidential Decree No. 1834 as amended, was enacted, among
others, to ensure the economic and political, stability of the State;chanroblesvirtualawlibrary
WHEREAS, Presidential Decree No. 1834 provided for a uniform penalty or
reclusion perpetua to death for the crimes of rebellion or insurrection
and sedition, regardless of whether the offender is a leader or one who
is merely participating in the acts constituting the said
crimes; chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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:cralaw:red
Section 1. Article 135 of the Revised Penal Code as
amended, is hereby further amended to read as follows: chanroblesvirtualawlibrary
"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.
"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."
Section 2. Article 140 of the Revised Penal Code as
amended, is hereby further amended to read as follows:cralaw:red
"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.
Section 3. Article 142-B of the Revised Penal Code
is hereby further amended to read as follows:cralaw:red
"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 themd 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." chanroblesvirtualawlibrary
Section 4. Article 146 of the Revised Penal Code is
hereby further amended to read as follows:cralaw:red
"Art. 146. Illegal Assemblies. — The penalty of
prision mayor in its medium period shall be imposed upon the organizers
or leaders of:cralaw:red
1. Any meeting attended by armed persons for the
purpose of committing any of the crimes punishable under this Code;chanroblesvirtualawlibrary
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 chanroblesvirtualawlibrary
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."
Section 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. chanroblesvirtualawlibrary
Section 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.
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