(REPEALED
BY EXECUTIVE ORDER NO. 187, S. 1987)
WHEREAS, under Presidential Decree No. 1834 a uniform penalty of
reclusion perpetua to a death is imposed for the crimes of rebellion or
insurrection, conspiracy and proposal to commit rebellion or
insurrection, inciting to rebellion or insurrection, sedition plot or
conspiracy to commit sedition, inciting to sedition, and on any person
who, on occasion of a rebellion or sedition, givesd and comfort to the
perpetrators of such crimes or who uses or allows the use of mass media
facilities to mount a sustained propaganda assault against the
government;chanroblesvirtualawlibrary
WHEREAS, in the spirit of national reconciliation, the Government has
deemed it wise to temper the penalties for conspiracy or proposal or
inciting to commit such crimes.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines by
virtue of the powers vested in me by the Constitution, do hereby decree:cralaw:red
Section 1. Article 136 of the Revised Penal Code is
hereby further 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 not exceeding 12,000 pesos and
by prision mayor in its medium period and a fine not exceeding 10,000
pesos.
Section 2. Article 138 of the Revised Penal Code is
hereby further amended to read as follows:cralaw:red
"Art. 138. Inciting to Rebellion or Insurrection. —
The penalty of reclusion temporal in its minimum period and a fine not
exceeding 15,000 pesos 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 3. Article 141 of the Revised Penal Code is
hereby further amended to read as follows:cralaw:red
"Art. 141. Plot or 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 10,000
pesos,"
Section 4. Article 142 of the Revised Penal Code is
hereby further amended to read as follows:cralaw:red
"Art. 142. Inciting to Sedition. — The penalty
of prision mayor in its maximum period and a fine of not
exceeding 12,000 pesos shall be imposed upon any person who, without
taking any direct part in the crime of sedition, should incite others
to the accomplishments of 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 people of the
community, the safety and order of the Government, or who shall
knowingly conceal such evil practices."
Section 5. There is hereby added to Chapter One of
Title III of the Revised Penal Code, Article 142-B to be inserted after
Article 142-A which shall read as follows:cralaw:red
"Art. 142-B. The penalty of prision mayor in
its minimum period and a fine not exceeding 8,000 pesos shall be
imposed on any person who, on the occasion of a rebellion or sedition,
givesd and comfort to the perpetrators of such crimes. The same penalty
shall also be imposed upon such person who, having control and
management of printing, broadcast or television facilities, or any form
of mass communication, shall use or follow the use of such facilities
for the purpose of mounting sustained propaganda assaults against the
Government or any of its duly constituted authorities, which tend to
destabilize the Government or undermine or destroy the faith and
loyalty of the citizenry thereto, or who shall use or allow the use of
such facilities for any plot or conspiracy to accomplish any of the
acts which constitute rebellion or insurrection or sedition. chanroblesvirtualawlibrary
"Conviction for the offenses provided under this Article shall carry
with it the forfeiture and/or sequestration of the mass media
facilities, firearms and explosives, and all other instruments,
equipment or tools used in their commission."
Section 6. Article 143 of the Revised Penal Code is
hereby further amended to read as follows:cralaw:red
"Art. 143. Acts tending to prevent the meetings of
the Assembly and similar bodies. — The penalty of prision
correccional in its maximum period and a fine not exceeding 4,000
pesos, or both, shall be imposed upon any person who, by force or
fraud, prevents the meeting of the Batasang Pambansa, or any of its
committees or subcommittees or divisions thereof, or any local
legislative body.
"The penalty of prision correccional in maximum period and a fine
not exceeding 6,000 pesos shall be imposed in case of a second
conviction."
Section 7. Article 144 of the Revised Penal Code is
hereby further amended to read as follows:cralaw:red
"Art. 144. Disturbance of Proceedings. — The penalty
of arresto mayor in its maximum period and a fine not exceeding 1,000
pesos shall be imposed upon any person who disturbs the meetings of the
Batasang Pambansa, or of any of its committees or divisions thereof, or
of any local legislative body, or in the presence of any such bodies,
should behave in such manner as to interrupt its proceedings or impair
the respect due it.
"In case of a second conviction, the penalty of prision
correccional in its maximum period and a fine not exceeding 5,000 pesos
shall be imposed."
Section 8. Article 146 of the Revised Penal Code is
hereby further amended to read as follows:cralaw:red
"Art. 146. Illegal Assemblies. — The penalty of
prision mayor in its medium period shall be imposed upon the organizers
or leaders of:cralaw:red
1. Any meeting attended by armed persons for the
purpose of committing any of the crimes punishable under this Code;chanroblesvirtualawlibrary
2. Any meeting in which the audience is incited to
the commission of the crime of treason, rebellion or insurrection,
sedition, or assault upon a person in authority or his agents;
and chanroblesvirtualawlibrary
3. Any meeting which is held for propaganda purposes
against the Government or any of its duly constituted authorities in
order to destabilize the Government or undermine its authority by
eroding the faith and loyalty of the citizenry thereto, or for the
purpose of supporting any plot or conspiracy to accomplish any of the
acts which constitute rebellion or insurrection or sedition.
"Persons merely present at such meeting shall suffer the penalty of
arresto mayor in its maximum period, unless they are armed, in which
case the penalty shall be prision correccional in its maximum period.
"If any person present at the meeting carries an unlicensed firearm, it
shall be presumed that the purpose of said meeting, insofar as he is
concerned, it to commit acts punishable under this Code, and he shall
be considered a leader or organizer of the meeting within the purview
of the preceding paragraph.
"As used in this Article, the word 'meeting' shall be understood to
include a gathering or group such as public rallies, and similar group
actions, whether in a fixed place or moving." chanroblesvirtualawlibrary
Section 9. Article 147 of the Revised Penal Code is
hereby further amended to read as follows:cralaw:red
"Art. 147. Illegal Associations. — The penalty
of prision correccional in its maximum period shall be imposed
upon the founders, directors, presidents and other officers of
associations totally or partially organized for the purpose of
committing any of the crimes punishable under this Code or for some
purpose contrary to public morals. Mere members of said associations
shall suffer the penalty of arresto mayor in its maximum period."
Section 10. This Decree shall take effect after
fifteen (15) days following its publication in the Official Gazette.
DONE in the City of Manila,
Philippines, this 2nd day of May in the year of Our Lord, nineteen
hundred and eighty-five.
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