AMENDING THE PROVISIONS OF THE REVISED PENAL CODE ON CRIMES AGAINST PUBLIC ORDER.

• Number: Presidential Decree No. 942
• Sections: 10

Preamble

WHEREAS, it is primary goal of the martial law

administration to restore peace, order and normalcy to Philippine

conditions as early as possible;

WHEREAS, the attainment of this goal is greatly hampered by

certain elements of society who continue to pursue acts and engage in

activities destructive to the stability and security of the State;

WHEREAS, there is a pressing need to strengthen and

re-enforce the continuing campaign against subversion by increasing the

penalties for crimes against public order and by treating as distinct

other offenses committed in the course of the commission of 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 and order as follows:

Section 1

SECTION 1. Article one hundred and thirty-five of Act

Numbered Thirty-eight hundred and fifteen, as amended, is hereby further

amended to read as follows:

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

person who promotes, maintains, 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

temporal in its medium period and a fine not to exceed 20,000

pesos.

"Any person merely participating or executing the commands of

others in a rebellion shall suffer the penalty of reclusion temporal

in its minimum period.

"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 one hundred and thirty-six of the same Act

is hereby 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 which shall not exceed 5,000 pesos, and

by prision mayor in its medium period and a fine not exceeding

2,000 pesos."

Section 3

SEC. 3. Article one hundred and thirty-seven of the same Act

is hereby amended to read as follows:

"ART. 137. Disloyalty of public officer or employees.—

The penalty of prision mayor in its minimum 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."

Section 4

SEC. 4. Article one hundred and thirty-eight of the same Act

is hereby amended to read as follows:

"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."

Section 5

SEC. 5. Article one hundred and forty of the same Act is

hereby amended to read as follows:

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

sedition shall suffer the penalty of reclusion temporal in its

minimum period and a fine not exceeding 10,000 pesos. Other persons

participating therein shall suffer the penalty of prision mayor

in its maximum period and fine not exceeding 5,000 pesos."

Section 6

SEC. 6. Article one hundred and forty-one of the same Act is

hereby amended to read as follows:

"ART. 141. 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 2,000 pesos."

Section 7

SEC. 7. Article one hundred and forty-two of the same Act is

hereby amended to read as follows:

"ART. 142. Inciting to sedition.—The penalty of prision

mayor in its maximum period and a fine not exceeding 2,000 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, or 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 to 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."

Section 8

SEC. 8. There is hereby added to the same Act, Article 142-A,

to be inserted after Article 142 thereof, and which shall read as

follows:

"ART. 142-A. Cases where other offenses are committed.—When

by reason or on the occasion of any of the crimes penalized in this

Chapter, acts which constitute offenses upon which graver penalties are

imposed by law are committed, the penalty for the most serious offense

in its maximum period shall be imposed upon the offender."

Section 9

SEC. 9. This Decree shall take effect upon promulgation.

Done in the City of Manila, this 10th day of June, in the year

of Our Lord, nineteen hundred and seventy-six.

(Sgd.)

FERDINAND E. MARCOS

President

Republic of the Philippines

By the President:

(Sgd.)

JACOBO C. CLAVE

Presidential Executive Assistant