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PRESIDENTIAL DECREE NO. 38
PRESIDENTIAL DECREE NO. 38 -
AMENDING ARTICLES 135, 136, 137, 138, 140, 142, 177, 178 AND 179 OF THE
REVISED PENAL CODE
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(REPEALED BY EXECUTIVE ORDER NO. 187, S.
1987)
WHEREAS, Proclamation No. 1081, dated September 21, 1972, declaring a
state of martial law throughout the land was issued by me because of a
grave national emergency prevailing throughout the country which has
been brought about by activities of groups of men now actively engaged
in a criminal conspiracy to seize political power and state power in
the Philippines and to take over the Government by force and violence
the extent of which has assumed the proportion of actual war against
our people and their legitimate Government; chanroblesvirtualawlibrary
WHEREAS, in the pursuit of their conspiracy, criminal design, unlawful
activities, and sinister objectives, the radical and lawless elements
have continued to commit rebellion, insurrection, sedition and
subversion, by means of force, violence, deceit, and other illegal
means, causing wanton destruction of lives and property, widespread
lawlessness and anarchy, and chaos and disorder;chanroblesvirtualawlibrary
WHEREAS, in order to abate, curb, or arrest the mounting efforts of
these radical and lawless elements to challenge and defy the Government
through actual military confrontations, subversion, and other illegal
means, it is necessary, as a deterrent, to mete out higher penalties
for certain offenses involving crimes against public order and public
interest;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, by virtue of the powers vested
in me by the Constitution as Commander-in-Chief of all the Armed Forces
of the Philippines, and pursuant to Proclamation No. 1081, dated
September 21, 1972, and General Order No. 1, dated September 22, 1972,
as amended, do hereby order and decree that Articles 135, 136, 137,
138, 140, 142, 177, 178 and 179 of Act No. 3815, otherwise known as the
Revised Penal Code, as amended, be further amended to read as follows:cralaw:red
"Art. 135. Penalty for rebellion or insurrection. —
Any person who promotes, maintenance, 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.
"Any person merely participating or executing the command of others in
a rebellion shall suffer the penalty of reclusion temporal.
"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."
"Art. 136. Conspiracy and proposal to commit
rebellion or insurrection. — The conspiracy and proposal to commit
rebellion or insurrection shall be punished by prision mayor."
"Art. 137. Disloyalty of public officers or
employees. — The penalty of prision mayor in its medium 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."
"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." chanroblesvirtualawlibrary
"Art. 140. Penalty for sedition. — The leader of a
sedition shall suffer the penalty of reclusion temporal in its maximum
period.
"Other persons participating therein shall suffer a penalty of
prision mayor in its maximum period."
"Art. 142. Inciting to sedition. — The penalty
of prision mayor in its maximum period and a fine not exceeding
P6,000 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, 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."
"Art. 177. Usurpation of authority or official
functions. — Any person who shall knowingly and falsely represent
himself to be an officer, agent or representative of any department or
agency of the Philippine Government or of any foreign government, or
who, under pretense of official position, shall perform any act
pertaining to any person in authority or public officer of the
Philippine Government or of any foreign government, or any agency
thereof, without being lawfully entitled to do so, shall suffer the
penalty of prision mayor in its minimum and medium period."
"Art. 178. Using fictitious name and concealing true
name. — The penalty of prision correccional shall be imposed upon
any person who shall publicly use a fictitious name for the purpose of
concealing a crime, evading the execution of a judgment or causing
damage.
"Any person who conceals his true name and other personal circumstances
shall be punished by arresto mayor." chanroblesvirtualawlibrary
"Art. 179. Illegal use of uniform or insignia. — The
penalty of prision mayor in its maximum period shall be imposed upon
any person who shall publicly and improperly make use of insignia,
uniforms or dress pertaining to an office not held by such person or to
a class or persons of which he is not a member."
This Decree which shall henceforth be part of the law of the land shall
take effect immediately.
Done in the City of Manila,
this 7th day of November in the year of our Lord, nineteen hundred and
seventy-two.
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