QuestionsQuestions (PRESIDENTIAL DECREE NO. 33)
It cites Proclamation No. 1081 (Sept. 21, 1972) which placed the Philippines under martial law, and asserts the need to curb a campaign described as anarchy and vilification against political institutions.
Penalized acts include: (a) printing or publishing certain handbills/leaflets/posters or similar materials; (b) possessing; (c) distributing or circulating immoral or indecent pictures or words on any wall, fence, sidewalk, or any visible or private place; and (d) by implication, inscribing/designing graffiti that falls within the prohibited effects described.
Prision correccional in its minimum period.
No. The decree covers persons who do the prohibited acts “without taking up being in open hostility against the Government or without inciting others to the execution of any act of rebellion.” This indicates liability may attach even without open hostility, as long as the prohibited tendencies/effects are present.
The text specifies that liability applies even if the person is not in open hostility against the Government and not inciting others to execute any act of rebellion; instead, the focus is on the tendency of the materials to incite violence, disregard lawful orders, ridicule/defy/ignore government acts, or undermine government integrity/state stability.
It covers immoral or indecent pictures or words placed on any wall, fence, sidewalk, or any other visible or private place.
The materials must incite or tend to incite people to violence, or to disregard, ridicule, defy, or ignore any lawful order or act of the Government or any of its officers, or in any case tend to undermine the integrity of the Government or the stability of the State.
It targets propaganda materials that tend to incite violence or weaken respect for lawful government orders and acts, thereby undermining government integrity and state stability.
Under Section (1), the prohibited materials must incite or tend to incite violence or to disregard/ridicule/defy/ignore lawful government orders/acts, or tend to undermine the integrity of the Government or stability of the State. Thus, the content’s tendency/effect is required by the decree’s terms.
It expands criminal liability beyond printers/publishers to include persons who merely possess, distribute, or circulate qualifying propaganda materials.
It suggests that even absent incitement to rebellion, the offense may still be charged if the materials’ tendency falls within the decree’s enumerated effects (violence, disregard lawful orders, undermine government/stability).
It takes effect after its publication in any newspaper of general circulation.
No explicit exception is stated. The focus is on the tendency of the materials to incite violence or to disregard/ridicule/defy/ignore lawful orders or to undermine government integrity/state stability.