QuestionsQuestions (PRESIDENTIAL DECREE NO. 1727)
It declares unlawful the malicious dissemination of false information or the willful making of threats concerning bombs, explosives, incendiary devices, or similar destructive means, and imposes penalties to deter such acts and curb threats to public safety and security.
Under Section 1, any person who willfully makes a threat or maliciously conveys/communicates/transmits/imparts/passes on or disseminates false information, knowing it to be false, about an alleged attempt to kill/injure/intimidate or unlawfully damage/destroy property using explosives/incendiary devices or similar destructive means.
The text requires that the offender willfully makes the threat, or maliciously disseminates the false information knowing it to be false.
It covers threats or false information conveyed by word of mouth, and through the mail, telephone, telegraph, printed materials, and other means of communication.
The threats or false information concern attempts or alleged attempts to kill, injure, intimidate individuals, or unlawfully damage or destroy buildings, vehicles, or other real or personal property using explosives or similar destructive forces.
Upon conviction, imprisonment of not more than five (5) years or a fine of not more than forty thousand pesos (P40,000.00), or both, at the discretion of the court.
The text states imprisonment OR a fine OR both, so the court has discretion to impose one, the other, or both.
Section 2 states that the offender shall be arrested by means of an Arrest, Search and Seizure Order (ASSO).
Section 2 provides that the offender shall not be entitled to bail pending trial by the military tribunals or military courts.
It provides that military tribunals or military courts have exclusive jurisdiction over cases involving violations of the decree.
It shall take effect immediately.
The Whereas clauses indicate that persons popularly known or described as 'apranksters' who disseminate false information or make threats about bombs/explosives are within the problem the decree aims to curb.
Based on the text, liability requires knowledge that the information is false (for malicious dissemination). If the caller genuinely does not know it is false, that element is not satisfied under the decree’s stated requirement.
(1) the accused willfully makes a threat or maliciously disseminates false information; (2) the dissemination/communication concerns an alleged attempt to kill/injure/intimidate or damage/destroy property using explosives/incendiary devices/similar means; and (3) the accused knows the information is false.
It separately covers (a) willfully making any threat and (b) maliciously conveying/communicating/transmitting/imparting/passing on/disseminating false information knowing it to be false.
Students typically discuss issues on due process, limits of state power in arrest/search measures, and the restriction on bail, especially considering later developments in Philippine jurisprudence and the evolution of court jurisdiction.