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Amending Articles 135, 136, 137, 138, 140, 142, 177, 178 And 179 Of The Revised Penal Code
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Amending Articles 135, 136, 137, 138, 140, 142, 177, 178 And 179 Of The Revised Penal Code
Presidential Decree No. 38
November 7, 1972
Case Overview and Summary
Amendments to the Revised Penal CodeRebellion or Insurrection (Art. 135):
- Promoting, maintaining, or heading a rebellion or insurrection: reclusion perpetua
- Public officer participating in rebellion: reclusion perpetua
- Merely participating in rebellion: reclusion temporal
- Acting as leader of rebellion with unknown leaders: reclusion perpetua
Conspiracy and Proposal to Commit Rebellion (Art. 136):
- Conspiracy and proposal to commit rebellion: prision mayor
Disloyalty of Public Officers (Art. 137):
- Failure to resist rebellion or continuing duties under rebels: prision mayor in medium period
Inciting to Rebellion or Insurrection (Art. 138):
- Inciting others to rebellion without taking arms: reclusion temporal in minimum period
Sedition (Art. 140):
- Leader of sedition: reclusion temporal in maximum period
- Participating in sedition: prision mayor in maximum period
Inciting to Sedition (Art. 142):
- Inciting others to sedition through speeches, writings, etc.: prision mayor in maximum period and fine up to ₱6,000
- Uttering seditious words, publishing libels against government: prision mayor in maximum period and fine up to ₱6,000
Usurpation of Authority (Art. 177):
- Falsely representing as government officer or performing acts without authority: prision mayor in minimum and medium period
Using Fictitious Name and Concealing True Name (Art. 178):
- Using fictitious name to conceal crime or evade judgment: prision correccional
- Concealing true name and personal circumstances: arresto mayor
Illegal Use of Uniform or Insignia (Art. 179):
- Improper use of uniform or insignia of office not held: prision mayor in maximum period
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Amending Articles 135, 136, 137, 138, 140, 142, 177, 178 And 179 Of The Revised Penal Code
Presidential Decree No. 38
•November 7, 1972
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 38 November 7, 1972
AMENDING ARTICLES 135, 136, 137, 138, 140, 142, 177, 178 AND 179 OF THE REVISED PENAL CODE
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;
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;
WHEREAS, in order to abate,...
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Amends
n/a
Amended by
n/a
Tags
Executive Issuances
Presidential Decrees
rebellion
insurrection
sedition
inciting
usurpation of authority
illegal use of uniform
concealing true name
public officers
penalties
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 38 November 7, 1972
AMENDING ARTICLES 135, 136, 137, 138, 140, 142, 177, 178 AND 179 OF THE REVISED PENAL CODE
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;
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;
WHEREAS, in order to abate,...
Login to see full content
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