Amending Certain Provisions Of Presidential Decree No. 960 Which Amended Article 201 Of The Revised Penal Code And For Other Purposes

Case Overview and Summary

Summary of Presidential Decree No. 969

Amendments to Article 201 of the Revised Penal Code
• Imposes the penalty of prision mayor (a prison term ranging from 6 years and 1 day to 12 years) or a fine ranging from 6,000 to 12,000 pesos, or both, for the following acts: (Section 1)
- Publicly expounding or proclaiming doctrines openly contrary to public morals. (Section 1.1)
- Authors, editors, and owners/operators of establishments selling obscene literature, published with their knowledge in any form. (Section 1.2.a)
- Exhibiting indecent or immoral plays, scenes, acts, or shows in theaters, fairs, cinematographs, or any other place, including those that: (1) glorify criminals or condone crimes, (2) serve no other purpose but to satisfy the market for violence, lust or pornography, (3) offend any race or religion, (4) tend to abet traffic in and use of prohibited drugs, and (5) are contrary to law, public order, morals, good customs, established policies, lawful orders, decrees and edicts. (Section 1.2.b)
- Selling, giving away, or exhibiting films, prints, engravings, sculptures, or literature that are offensive to morals. (Section 1.3)

Disposition of Prohibited Articles (Section 2)
• Upon conviction, the prohibited articles shall be forfeited in favor of the government and destroyed. (Section 2.a)
• If the criminal case results in acquittal, the prohibited articles shall still be forfeited in favor of the government and destroyed after forfeiture proceedings conducted by the Chief of Constabulary. (Section 2.b)
• The aggrieved person may appeal the forfeiture decision to the Secretary of National Defense within 15 days, whose decision shall be final and unappealable. (Section 2.c)

Additional Penalties (Section 4.1)
• If the offender is a government official or employee who allows the violations, the penalty shall be imposed in the maximum period, and the accessory penalties provided for in the Revised Penal Code shall also be imposed.

Implementation (Section 4-A)
• The Chief of Constabulary shall, with the approval of the Secretary of National Defense, promulgate the necessary rules and regulations for the implementation of this decree.

Effectivity (Section 3)
• This decree shall take effect 15 days after its publication by the Department of Public Information in two newspapers of general circulation.