WHEREAS, it
is the obligation of the State to safeguard the morality of society,
particularly the youth, against the eroding influence of immoral
doctrines, obscene publications and exhibitions and indecent shows;chanroblesvirtualawlibrary
WHEREAS, in order to arrest the proliferation of such doctrines,
publications, exhibitions and shows, it is necessary to amend the
pertinent provision of the Revised Penal Code;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree as part of the law of the land, the following:cralaw:red
Section 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 hereby amended to read as
follows;chanroblesvirtualawlibrary
"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:cralaw:red
"1. Those who shall publicly expound or proclaim
doctrines openly contrary to public morals;chanroblesvirtualawlibrary
"2. The authors of obscene literature, published
with their knowledge in any form, the editors publishing such
literature, and the owners/operators of the book store or other
establishments selling the same;chanroblesvirtualawlibrary
"3. Those who in theaters, fairs cinematographs or
any other place, shall exhibit indecent or immoral plays, scenes, acts
or shows, including the following:cralaw:red
"(a) Films which tend to incite subversion,
insurrection or rebellion against the State;chanroblesvirtualawlibrary
"(b) Films which tend to undermine the faith and
confidence of the people in their Government and/or duly constituted
authorities;chanroblesvirtualawlibrary
"(c) Films which glorify criminals or condone crimes;chanroblesvirtualawlibrary
"(d) Films which serve no other purpose but to
satisfy the market for violence, lust or pornography;chanroblesvirtualawlibrary
"(e) Films which offend any race or religion;chanroblesvirtualawlibrary
"(f) Films which tend to abet traffic in the use of
prohibited drugs;chanroblesvirtualawlibrary
"(g) Films contrary to law, public order, morals,
good customs, established policies, lawful orders, decrees, edicts, and
any or all films which in the judgment of the Board of Censors for
Motion Pictures or other agency established by the Government to
oversee such motion pictures are objectionable on some other legal or
moral grounds.
"4. Those who shall sell, give away of exhibit
prints, engravings, sculptures or literature which are offensive to
morals." chanroblesvirtualawlibrary
Section 2. Confiscation of articles. — The
literature, films, prints, engravings, sculpture, paintings, or other
materials and articles involved in the violation referred to in Section
1 hereof shall be confiscated and forfeited in favor of the Government
to be destroyed.
Section 3. Jurisdiction. — Violations of Section 1
hereof shall be subject to trial by the military tribunals and the
offenders shall be subject to arrest and detention pursuant to existing
laws, decrees, orders and instructions promulgated pursuant to
Proclamations No. 1081, dated September 21, 1972 and No. 1104, dated
January 17, 1973.
Section 4. Additional Penalties. — Additional
penalties shall be imposed as follows:cralaw:red
1. In case the offender is a government official or
employee who allows the violations of Section 1 hereof, the penalty
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.
2. The license or permit of the theater,
cinematograph or other place or establishment where the violation has
been committed shall be cancelled temporarily or permanently, depending
upon the gravity of the violation as determined by the proper military
tribunal.
Section 5. Effectivity. — This Decree shall take
effect fifteen (15) days after its publication by the Department of
Information in two (2) newspapers of general circulation.
Done in the City of Manila this
14th day of July in the year of Our Lord, nineteen hundred and
seventy-six.
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