QuestionsQuestions (PRESIDENTIAL DECREE No. 38)
P.D. 38 amended specific articles of the Revised Penal Code to impose higher penalties for offenses involving crimes against public order and public interest, particularly in response to rebellion/insurrection, sedition, and related acts during a proclaimed state of martial law.
P.D. 38 amended Articles 135, 136, 137, 138, 140, 142, 177, 178, and 179 of Act No. 3815 (Revised Penal Code).
Reclusion perpetua.
Reclusion temporal.
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 is deemed the leader.
The conspiracy and proposal to commit rebellion or insurrection; the penalty is prision mayor.
It penalizes public officers/employees who fail to resist a rebellion by all means in their power, continue discharging duties under rebels’ control, or accept appointment under them; penalty: prision mayor in its medium period.
Inciting others to the execution of acts specified in Article 134 without taking arms or being in open hostility, by speeches, proclamations, writings, emblems, banners or other representations tending to that end; penalty: reclusion temporal in its minimum period.
Reclusion temporal in its maximum period.
Prision mayor in its maximum period.
Any person who, without direct participation, incites others to accomplish acts constituting sedition through speeches, proclamations, writings, emblems, cartoons, banners or other representations; or who utters seditious words/speeches, writes/publishes/circulates scurrilous libels against the Government or duly constituted authorities that tend to disturb/obstruct lawful officers, instigate unlawful meetings, suggest incite rebellious conspiracies or riots, or stir up people against lawful authorities or disturb peace/safety/order of government; or knowingly conceals such evil practices.
Prision mayor in its maximum period and a fine not exceeding P6,000.
Knowingly and falsely representing oneself as an officer/agent/representative of any Philippine or foreign government department/agency; or under pretense of official position, performing an act pertaining to a person in authority or public officer without being lawfully entitled to do so.
Prision mayor in its minimum and medium period.
Publicly using a fictitious name for purposes such as concealing a crime, evading execution of a judgment, or causing damage; penalty: prision correctional.
Concealing one’s true name and other personal circumstances; penalty: arresto mayor.
Publicly and improperly making use of insignia, uniforms, or dress pertaining to an office not held by such person or to a class/person of which he is not a member; penalty: prision mayor in its maximum period.