FURTHER AMENDING PRESIDENTIAL DECREE NO. 1834 AS AMENDED

• Number: Presidential Decree No. 1996
• Sections: 7

Preamble

WHEREAS, in this period of economic recovery and in our

fight against insurgency, Presidential Decree No. 1834 as amended, was enacted,

among others, to ensure the economic and political, stability of the State;

WHEREAS, Presidential Decree No. 1834 provided for

a uniform penalty or reclusion perpetua to death for the crimes of rebellion or

insurrection and sedition, regardless of whether the offender is a leader or one

who is merely participating in the acts constituting the said crimes;

WHEREAS, some persons who are not leaders but are merely

participating in the crimes of rebellion or insurrection and/or sedition,

are oftentimes not aware of the impact and consequences of their unlawful

acts;

WHEREAS, Presidential Decrees Nos. 1974 and 1975, issued on

the 2nd day of May 1985, discarded the uniform penalty of reclusion perpetua to

death imposed order Presidential Decree No. 1834 for the crime of conspiracy and

proposal to commit rebellion or insurrection, inciting to rebellion or

insurrection, plot or conspiracy to commit sedition, etc.; and deleted the

penalties of forfeiture of rights as citizens of the Philippines and the

confiscation in favor of the State of real and personal properties of persons

violating Presidential Decree No. 1835;

WHEREAS, in the spirit of national reconciliation, the

Government deems it appropriate to further temper the penalties for those who

are merely participating in the acts constituting rebellion or insurrection,

sedition and/or other offenses;

WHEREAS, the Batasang Pambansa again adjourned its session

without having acted promptly and adequately on the Parliamentary Bills seeking

the repeal and/or modification of the uniform penalty for rebellion and

sedition, and other measures to meet the exigencies or imperatives of national

reconciliation;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, by virtue of the powers vested upon me by the Constitution do

hereby decree:

Section 1

SECTION 1. Article 135 of the Revised Penal Code as amended,

is hereby further amended to read as follows:

"ART. 135. Penalty for rebellion or insurrection. — Any person who

promote, maintains or heads a rebellion or insurrection, or 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 to death.

"Any person merely participating or executing the commands of others in a

rebellion shall suffer the penalty of reclusion temporal in its medium period

and a fine not to exceed 20,000 pesos.

"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.''

Section 2

SEC. 2. Article 140 of the Revised Penal Code as amended, is

hereby further amended to read as follows:

"ART. 140. Penalty for Sedition. —The leader of a

sedition shall suffer the penalty of reclusion perpetua to death.

"Other persons participating therein shall suffer the penalty of reclusion

temporal in its minimum period and a fine not exceeding 10,000

pesos.

Section 3

SEC. 3. Article 142-B of the Revised Penal Code is hereby

further amended to 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, adheres to the perpetration of such

crimes, giving them aid and comfort. The same penalty shall 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, knowingly and with

specific intent of giving assistance, allow the use of such facilities on the

purpose of committing any of the Acts punished by Articles 138 and 142 of this

Code, or who shall use or, knowingly and with specific intent of giving

assistance, 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 confiscation of the mass media facilities;

firearms and explosives, and all other instruments, equipment or tools directly

used in their commission.''

Section 4

SEC. 4. 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 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

Any meeting which is held 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 such meeting carries an unlicensed firearm, it

shall be presumed that the purpose of said meeting insofar as he is concerned,

is to commit act 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

in gathering or group such as public rallies and similar group actions, whether

in a fixed place or moving."

Section 5

SEC. 5. All laws, decrees, executive or administrative

orders, rules and regulations or parts thereof, inconsistent with the provisions

of this Decree, are hereby repealed, amended or modified accordingly.

Section 6

SEC. 6. This Decree shall take effect after fifteen (15)

days following its publication in the Official Gazette.

Done in the City of Manila, this 5th day of November, in the year of Our

Lord, nineteen hundred and eighty-five.

(Sgd.) FERDINAND E. MARCOS

President of the

Philippines

By the President:

(Sgd.) JUAN C. TUVERA

Presidential Executive

Assistant