Amending Articles 138 And 142 Of The Revised Penal Code And For Other Purposes

Case Overview and Summary

Summary of Presidential Decree No. 970

Amending Articles 138 and 142 of the Revised Penal Code

• Increases penalties for acts that incite rebellion, sedition, or undermine faith in government (Section 1):
- Prision mayor (6 years and 1 day to 12 years) or fine of 6,000 to 12,000 pesos, or both
- Applies to:
    1. Those who publicly expound rebellious or seditious doctrines (Section 1.1)
    2. Authors, editors, and sellers of rebellious or seditious literature (Section 1.2)
    3. Those exhibiting rebellious or seditious plays, scenes, acts, or shows (Section 1.3)
    4. Those selling or exhibiting rebellious or seditious films, prints, engravings, sculptures, or literature (Section 1.4)

• Disposition of prohibited materials (Section 2):
    1. Upon conviction, materials to be forfeited and destroyed (Section 2.a)
    2. Upon acquittal, materials still forfeited and destroyed after proceedings by Chief of Constabulary (Section 2.b)
    3. Aggrieved party can appeal forfeiture decision to Secretary of National Defense within 15 days (Section 2.c)

• Additional penalties for government officials or employees who allow violations (Section 3):
    1. Maximum period of penalty imposed
    2. Accessory penalties under Revised Penal Code also imposed

• Chief of Constabulary to promulgate rules and regulations with approval of Secretary of National Defense (Section 4)

• Effective 15 days after publication in two newspapers of general circulation (Section 5)