Policy and legal purpose
- The Decree declares the State’s obligation to safeguard the morality of society, particularly the youth, against the eroding influence of immoral doctrines, obscene publications and exhibitions, and indecent shows.
- The Decree aims to arrest the proliferation of these doctrines, publications, exhibitions, and shows by amending the pertinent provision of the Revised Penal Code.
Amendment to Revised Penal Code, Article 201
- Section 1 amends Article 201 of Act No. 3815 (Revised Penal Code) by setting the offense and penalty for immoral doctrines, obscene publications and exhibitions, and indecent shows.
- Article 201 (as amended) imposes the penalty of prision mayor or a fine ranging from six thousand (₱6,000) to twelve thousand pesos (₱12,000), or both, for the covered acts.
Persons and covered conduct penalized
- Article 201(1) penalizes those who publicly expound or proclaim doctrines openly contrary to public morals.
- Article 201(2) penalizes:
- the authors of obscene literature, published with their knowledge in any form;
- the editors publishing such literature; and
- the owners/operators of the book store or other establishments selling the same.
- Article 201(3) penalizes those who, in theaters, fairs, cinematographs, or any other place, exhibit indecent or immoral plays, scenes, acts, or shows, and includes specified classes of films, namely:
- (a) Films that tend to incite subversion, insurrection or rebellion against the State.
- (b) Films that tend to undermine the faith and confidence of the people in their Government and/or duly constituted authorities.
- (c) Films that glorify criminals or condone crimes.
- (d) Films that serve no other purpose but to satisfy the market for violence, lust, or pornography.
- (e) Films that offend any race or religion.
- (f) Films that tend to abet traffic in and use of prohibited drugs.
- (g) Films contrary to law, public orders, morals, good customs, established policies, lawful orders, decrees, edicts, and all films that, in the judgment of the Board of Censors for Motion Pictures or other government agency established to oversee motion pictures, are objectionable on some other legal or moral grounds.
- Article 201(4) penalizes those who sell, give away, or exhibit:
- prints, engravings, sculptures, or literature that are offensive to morals.
Confiscation and forfeiture of covered articles
- Section 2 directs that the literature, films, prints, engravings, sculpture, paintings, or other materials and articles involved in the violation under Section 1 are confiscated and forfeited in favor of the Government.
- The confiscated items are destroyed.
Military tribunals and arrest authority
- Section 3 provides that violations of Section 1 are subject to trial by the military tribunals.
- Section 3 requires that offenders are subject to arrest and detention under existing laws, decrees, orders, and instructions issued pursuant to Proclamation No. 1081 (September 21, 1972) and Proclamation No. 1104 (January 17, 1973).
Additional penalties and license cancellation
- Section 4(1) mandates that if the offender is a government official or employee who allows the violations of Section 1, the penalty is imposed in the maximum period.
- Section 4(1) further provides that accessory penalties under the Revised Penal Code, as amended are imposed in addition.
- Section 4(2) authorizes cancellation of the license or permit of the theater, cinematograph, or other place or establishment where the violation was committed.
- The license or permit cancellation in Section 4(2) is temporary or permanent, depending on the gravity of the violation as determined by the proper military tribunal.
Effectivity rule
- The Decree’s effectivity is fixed by Section 5 at fifteen (15) days after publication by the Department of Public Information in two (2) newspapers of general circulation.