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PRESIDENTIAL DECREE NO. 1834
PRESIDENTIAL DECREE NO. 1834 -
INCREASING THE PENALTIES FOR THE CRIME OF REBELLION, SEDITION, AND
RELATED CRIMES, AND AMENDING FOR THIS PURPOSE ARTICLES 135, 136, 140,
141, 142, 143, 144, 146 AND 147 OF THE REVISED PENAL CODE AND ADDING
Section 142-B THERETO
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chanroblesvirtualawlibrary
(REPEALED
BY EXECUTIVE ORDER NO. 187, S. 1987)
WHEREAS, the State to has a right to self defense when its life is
endangered;chanroblesvirtualawlibrary
WHEREAS, the crimes of rebellion, subversion, sedition, conspiracy of
proposal to commit such crimes and crimes of offenses committed in
furtherance thereof or in connection therewith constitute direct
attacks on the life of the State; chanroblesvirtualawlibrary
WHEREAS, it is necessary to provide an effective deterrent to these
pernicious activities;chanroblesvirtualawlibrary
WHEREAS, there is an urgent necessity to impose capital punishment for
rebellion or insurrection, sedition and certain illegal acts of
offenses which involve the national security, and imperil the existence
and stability of the government.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers in me vested by the
Constitution, do hereby decrees and order as follows:cralaw:red
Section 1. Article 135 of the Revised Penal Code is
amended to read as follows:cralaw:red
"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 perpetua to death. chanroblesvirtualawlibrary
"Any person merely participating or executing the commands of others in
a rebellion shall also suffer the penalty of reclusion perpetua to
death."
Section 2. Article 136 of the Revised Penal Code is
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 by reclusion perpetua to
death."
Section 3. Article 138 of the Revised Penal Code is
amended to read as follows:cralaw:red
"Art. 138. Inciting to rebellion or insurrection. —
The penalty of reclusion perpetua to death shall be imposed 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." chanroblesvirtualawlibrary
Section 4. Article 140 of the Revised Penal Code is
amended to read as follows:cralaw:red
"Art. 140. Penalty for sedition. — Any person
participating in the sedition shall suffer the penalty of reclusion
perpetua to death."
Section 5. Article 141 of the Revised Penal Code is
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
reclusion perpetua to death."
Section 6. Article 142 of the Revised Penal Code is
amended to read as follows: chanroblesvirtualawlibrary
"Art. 142. Inciting to sedition. — The penalty of
reclusion perpetua to death 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 or 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 7. 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: chanroblesvirtualawlibrary
"Art. 142-B. The penalty of reclusion perpetua to
death shall be imposed on any person who, on occasion of a rebellion or
sedition, givesd and comfort to the perpetrators of such crimes. The
penalty of reclusion perpetua to death shall also be imposed upon any
person, who having control and management of printing, broadcast or
television facilities, or any form of mass communication shall use or
allow 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 Section 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 8. Article 143 of the Revised Penal Code is
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 mayor and a
fine not exceeding 10,000 pesos, shall be imposed upon any person who,
by force or fraud, prevents the meeting of the National Assembly, or
any of its committees or subcommittees, constitutional commissions or
committees or divisions thereof, or of any local legislative body.
"The penalty of reclusion temporal and a fine of 20,000 pesos shall be
imposed in case of a second conviction."
Section 9. Article 144 of the Revised Penal Code is
amended to read as follows: chanroblesvirtualawlibrary
"Art. 144. Disturbance of Proceedings. — The penalty
or prision correccional and a fine not
exceeding 10,000 pesos, shall be imposed upon any person who disturbs
the meetings of the National Assembly, 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 mayor and a
fine of 20,000 pesos shall be imposed."
Section 10. Article 146 of the Revised Penal Code is
amended to read as follows:cralaw:red
"Art. 146. Illegal Assemblies. — The penalty of
reclusion perpetua to death shall be imposed upon the organizers or
leaders of: chanroblesvirtualawlibrary
1. Any meeting attended by armed persons for the
purpose of committing any of the crimes punishable under this Code; and
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.
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
purposes of supporting any plot or conspiracy to accomplish any of the
acts which constitute rebellion or insurrection, or
sedition. chanroblesvirtualawlibrary
"Any person merely present at such meeting shall suffer the penalty
of prision correccional unless they are armed, in which case the
penalty shall be prision mayor to death.
"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 paragraphs.
"As used in this Article, the word 'meeting' shall be understood to
include a gathering or group such as public rallies, mass
demonstrations, picketing of labor groups and similar group actions,
whether in a fixed place or moving." chanroblesvirtualawlibrary
Section 11. Article 147 of the Revised Penal Code is
amended to read as follows:cralaw:red
"Art. 147. Illegal associations. — The penalty of
prision mayor shall be imposed upon the founders, directors, and
presidents 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 prision
correccional." chanroblesvirtualawlibrary
Section 12. This Decree shall take effect immediately.
DONE in the City of Manila,
this 16th day of January, in the year of our Lord, nineteen hundred and
eighty-one.
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