AMENDING PRESIDENTIAL DECREE NO. 1834

• Number: Presidential Decree No. 1974
• Sections: 11

Preamble

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, gives aid 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;

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:

Section 1

SECTION 1. Article 136 of the Revised Penal Code is hereby

further amended to read as follows:

"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

SEC. 2. Article 138 of the Revised Penal Code is hereby

further amended to read as follows:

"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

SEC. 3. Article 141 of the Revised Penal Code is hereby

further amended to read as follows:

"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

SEC. 4. Article 142 of the Revised Penal Code is hereby

further amended to read as follows:

"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

SEC. 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:

“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, gives aid 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.

"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

SEC. 6. Article 143 of the Revised Penal Code is hereby

further amended to read as follows:

"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

Pam-bansa, or any of its committees or subcommittees or divisions thereof, or of

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

SEC. 7. Article 144 of the Revised Penal Code is hereby

further amended to read as follows:

"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 subcommittees 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

SEC. 8. Article 146 of the Revised Penal Code is hereby

further amended to read as follows:

"Art. 146. Illegal Assemblies.—The penalty of

prision mayor in its medium period shall be imposed upon the organizers or

leaders of:

Any meeting attended by armed persons for the purpose of committing any of

the crimes punishable under this Code;

Any meeting in which the audience i9 incited to the commission of the crime

of treason, rebellion or insurrection, sedition, or assault upon a person in

authority or his agents; and

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 correctional 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, is 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."

Section 9

SEC. 9. Article 147 of the Revised Penal Code is hereby

further amended to read as follows:

"Art. 147. Illegal Associations.—The penalty of

prision correctional 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

SEC. 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.