I,
FERDINAND E. MARCOS, President of the Philippines, by virtue of the
powers in me vested by the Constitution, do hereby decree and order:cralaw:red
Section 1. Sections 1 and 2 paragraph 1 of Section 4
of Presidential Decree No. 960 are hereby further amended to read as
follows:cralaw:red
"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:cralaw:red
"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. 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;chanroblesvirtualawlibrary
"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. chanroblesvirtualawlibrary
"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:cralaw:red
"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:cralaw:red
"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."
Section 2. To be inserted between Sections 4 and 5 of
Presidential Decree No. 960 is Section 4-A to read as follows:cralaw:red
"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." chanroblesvirtualawlibrary
Section 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.
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