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This page features the full text of
Presidential Decree No. 38
AMENDING
ARTICLES 135, 136, 137, 138, 140, 142, 177, 178 AND 179 OF THE REVISED
PENAL CODE
.chan
robles
virtual law library
PRESIDENTIAL
DECREE NO. 38AMENDING
ARTICLES 135, 136, 137, 138, 140, 142, 177, 178 AND 179 OF THE REVISED
PENAL CODE
(This
law has been repealed by Executive
Order No. 187, S. 1987).chan
robles
virtual law library
.chan
robles
virtual law libraryWHEREAS,
Proclamation No. 1081, dated September 21, 1972, declaring a state of
martial
law throughout the land was issued by me because of a grave national
emergency
prevailing throughout the country which has been brought about by
activities
of groups of men now actively engaged in a criminal conspiracy to seize
political power and state power in the Philippines and to take over the
Government by force and violence the extent of which has assumed the
proportion
of actual war against our people and their legitimate Government;
.chanrobles virtual law library
WHEREAS,
in the pursuit of their conspiracy, criminal design, unlawful
activities,
and sinister objectives, the radical and lawless elements have
continued
to commit rebellion, insurrection, sedition and subversion, by means of
force, violence, deceit, and other illegal means, causing wanton
destruction
of lives and property, widespread lawlessness and anarchy, and chaos
and
disorder;.chanrobles virtual law library
WHEREAS,
in order to abate, curb, or arrest the mounting efforts of these
radical
and lawless elements to challenge and defy the Government through
actual
military confrontations, subversion, and other illegal means, it is
necessary,
as a deterrent, to mete out higher penalties for certain offenses
involving
crimes against public order and public interest;.chanrobles virtual law library
NOW,
THEREFORE, I, FERDINAND E. MARCOS, by virtue of the powers vested in me
by the Constitution as Commander-in-Chief of all the Armed Forces of
the
Philippines, and pursuant to Proclamation No. 1081, dated September 21,
1972, and General Order No. 1, dated September 22, 1972, as amended, do
hereby order and decree that Articles 135, 136, 137, 138, 140, 142,
177,
178 and 179 of Act
No. 3815, otherwise known as the Revised Penal Code, as amended, be
further amended to read as follows:chanroblesvirtuallawlibrary.chanrobles virtual law library
"Art.
135. Penalty for rebellion or
insurrection. — Any person who promotes, maintenance, or heads a
rebellion
or insurrection, or who while holding any public office or employment
takes
part therein, engaging in war against the 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 perpetua."Any
person merely participating or executing the command of others in a
rebellion
shall suffer the penalty of reclusion temporal.
"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." .chanrobles virtual law library
"Art.
136. Conspiracy and proposal
to commit rebellion or insurrection. — The conspiracy and proposal to
commit
rebellion or insurrection shall be punished by prision mayor."
"Art.
137. Disloyalty of public officers
or employees. — The penalty of prision mayor in its medium 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.".chanrobles virtual law library
"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."
"Art.
140. Penalty for sedition. —
The leader of a sedition shall suffer the penalty of reclusion temporal
in its maximum period.
"Other
persons participating therein shall suffer a penalty ofprision
mayor in its maximum period.".chanrobles virtual law library
"Art.
142. Inciting to sedition. —
The penalty ofprision mayor in its
maximum period and a fine not exceeding P 6,000 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,
cartoons,
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, 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 or 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."
"Art.
177. Usurpation of authority
or official functions. — Any person who shall knowingly and falsely
represent
himself to be an officer, agent or representative of any department or
agency of the Philippine Government or of any foreign government, or
who,
under pretense of official position, shall perform any act pertaining
to
any person in authority or public officer of the Philippine Government
or of any foreign government, or any agency thereof, without being
lawfully
entitled to do so, shall suffer the penalty ofprision
mayor in its minimum and medium period." .chanrobles virtual law library
"Art.
178. Using fictitious name and
concealing true name. — The penalty ofprision
correccional shall be imposed upon any person who shall publicly use a
fictitious name for the purpose of concealing a crime, evading the
execution
of a judgment or causing damage.
"Any
person who conceals his true name and other personal circumstances
shall
be punished by arresto mayor."
"Art.
179. Illegal use of uniform or
insignia. — The penalty of prision mayor in its maximum period shall be
imposed upon any person who shall publicly and improperly make use of
insignia,
uniforms or dress pertaining to an office not held by such person or to
a class or persons of which he is not a member." .chanrobles virtual law library
This
Decree which shall henceforth be part of the law of the land shall take
effect immediately. .chanrobles virtual law library.
chan
robles virtu
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Done
in the City of Manila, this 7th day of November in the year of our
Lord,
nineteen hundred and seventy-two..chanrobles virtual law library
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