(REPEALED
BY EXECUTIVE ORDER NO. 187, S. 1987)
WHEREAS, Presidential Decree No. 960 dated July 14, 1976, among other
things, has increased the penalty prescribed in Article 201 of the
Revised Penal Code for the espousal of immoral doctrines, publication
of obscene literature and/or the exhibition of indecent or immoral
plays, scenes, acts or shows; and chanroblesvirtualawlibrary
WHEREAS, the use of such literature and/or shows to incite the
commission of crimes against public order such as rebellion, sedition
& disloyalty are offenses to which a lesser penalty is attached
under present laws;chanroblesvirtualawlibrary
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:cralaw:red
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:cralaw:red
"1. Those who shall publicly expound or proclaim
doctrines openly rebellious or seditious;chanroblesvirtualawlibrary
"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;chanroblesvirtualawlibrary
"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.
Section 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 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.
Section 3. Additional Penalties. — Additional
penalties shall be imposed as follows: chanroblesvirtualawlibrary
"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 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.
Section 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.
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