WHEREAS, it
is primary goal of the martial law administration to restore peace,
order and normalcy to Philippine conditions as early as possible;chanroblesvirtualawlibrary
WHEREAS, the attainment of this goal is greatly hampered by certain
elements of society who continue to pursue acts and engage in
activities destructive to the stability and security of the
State; chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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:cralaw:red
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:cralaw:red
"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." chanroblesvirtualawlibrary
Section 2. Article one hundred and thirty-six of the
same Act is hereby amended to read as follows:cralaw:red
"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."
Section 3. Article one hundred and thirty-seven of
the same Act is hereby amended to read as follows:cralaw:red
"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."
Section 4. Article one hundred and thirty-eight of
the same Act is hereby amended to read as follows:cralaw:red
"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."
Section 5. Article one hundred and forty of the same
Act is hereby amended to read as follows:cralaw:red
"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."
Section 6. Article one hundred and forty-one of the
same Act is hereby amended to read as follows:cralaw:red
"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."
Section 7. Article one hundred and forty-two of the
same Act is hereby amended to read as follows:cralaw:red
"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." chanroblesvirtualawlibrary
Section 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:cralaw:red
"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."
Section 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.
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