Presidential Decree No. 970 (PD 970) — AMENDING ARTICLES 138 and 142 OF THE REVISED PENAL CODE AND FOR OTHER PURPOSES.
WHEREAS, Presidential Decree No. 960 dated July 14, 1976,
among other things, has increased the penalty prescribed in Article 201 of the
Revised Penal Code for the espousal of immoral doctrines, publication of obscene
literature and/or the exhibition of indecent or immoral plays, scenes, acts or
shows; and
WHEREAS, the use of such literature and/or shows to incite
the commission of crimes against public order such as rebellion, sedition and
disloyalty are offenses to which a lesser penalty is attached under present
laws;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers in me vested by the Constitution, do hereby
decree and order:
Amendment of Articles 138 & 142, Revised Penal Code.
SECTION 1. Amendment of Articles 138 & 142, Revised
Penal Code.—Articles 138 & 142 of Act Numbered Thirty Eight hundred and
fifteen, otherwise known as the Revised Penal Code, are hereby amended by
increasing the penalties therein respectively prescribed to prision mayor or
fine ranging from six thousand to twelve thousand pesos, or both such
imprisonment and fine, for act or acts which incite or tend to incite rebellion
or sedition or the undermining, in any manner, of the faith and confidence of
the people in their government and/or duly constituted authorities and which
penalty shall be imposed
"1. Those who shall publicly expound or proclaim doctrines openly rebellious
or seditious;
"2. The authors of rebellious or seditious literature, published with their
knowledge in any form; the editors publishing such literature; and the
owners/operators of the establishment selling the same;
"3. Those who, in theaters, fairs, cinematographs or any other place, exhibit
rebellious or seditious plays, scenes, acts or shows which incite or tend to
incite rebellion or sedition; and
"4. Those who shall sell, give away or exhibit films, prints, engravings,
sculptures, or literatures which are rebellious or seditious in character.
SEC. 2. Disposition of the Prohibited Articles. The
disposition of the literature, films, prints, engravings, sculptures, paintings,
or other materials involved in the violation referred to in Section 1 hereof
shall be governed by the following rules:
"a. Upon conviction of the offender, to be forfeited in favor of the
government to be destroyed.
"b. Where the criminal case against any violator of this decree results in an
acquittal, the rebellious or seditious literature, films, prints, engravings,
sculpture, paintings or other materials and articles involved in the violation
referred to in Section 1 hereof shall nevertheless be forfeited in favor of the
government
"1. Those who shall publicly expound or proclaim doctrines openly rebellious
or seditious;
"2. The authors of rebellious or seditious literature, published with their
knowledge in any form; the editors publishing such literature; and the
owners/operators of the establishment selling the same;
"3. Those who, in theaters, fairs, cinematographs or any other place, exhibit
rebellious or seditious plays, scenes, acts or shows which incite or tend to
incite rebellion or sedition; and
"4. Those who shall sell, give away or exhibit films, prints, engravings,
sculptures, or literatures which are rebellious or seditious in character.
Additional Penalties.
SEC. 3. Additional Penalties.—Additional penalties
shall be imposed as follows:
"1. In case the offender is a government official or employee who allows the
violations of Section 1 hereof, the penalty as provided herein shall be imposed
in the maximum period and, in addition, the accessory penalties provided for in
the Revised Penal Code, as amended, shall likewise be imposed. Sec. 4. The Chief
of Constabulary shall, with the approval of the Secretary of National Defense,
promulgate the necessary rules and regulations for the effective implementation
of this decree.
SEC. 5. This Decree shall take effect fifteen (15) days
after its publication by the Department of Public Information in two (2)
newspapers of general circulation.
Done in the City of Manila, this 24th day of July in the year of Our Lord,
nineteen hundred and seventy-six.
(Sgd.) FERDINAND E. MARCOS
President of the
Philippines
By the President:
(Sgd.) JUAN C. TUVERA
Presidential
Assistant.
SEC. 2. Disposition of the Prohibited Articles. The
disposition of the literature, films, prints, engravings, sculptures, paintings,
or other materials involved in the violation referred to in Section 1 hereof
shall be governed by the following rules:
"a. Upon conviction of the offender, to be forfeited in favor of the
government to be destroyed.
"b. Where the criminal case against any violator of this decree results in an
acquittal, the rebellious or seditious literature, films, prints, engravings,
sculpture, paintings or other materials and articles involved in the violation
referred to in Section 1 hereof shall nevertheless be forfeited in favor of the
government to be destroyed, after forfeiture proceedings conducted by the Chief
of Constabulary.
"c. The person aggrieved by the forfeiture action of the Chief of
Constabulary may, within fifteen (15) days after his receipt of a copy of the
decision, appeal the matter to the Secretary of National Defense for review. The
decision of the Secretary of National Defense shall be final and unappealable.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
