Policy and intent for stronger public order
- The decree states as a primary goal of the martial law administration the restoration of peace, order, and normalcy in the Philippines as early as possible.
- It declares that the attainment of that goal is hampered by elements pursuing acts and activities destructive to the stability and security of the State.
- It declares a pressing need to strengthen and reinforce the continuing campaign against subversion by increasing penalties for crimes against public order.
- It provides that the campaign requires treating as distinct other offenses committed in the course of the commission of such crimes.
Coverage: amendments to the Revised Penal Code
- The decree amends Act Numbered Thirty-eight hundred and fifteen (the Revised Penal Code) as amended.
- The amendments specifically revise Articles 135, 136, 137, 138, 140, and 141 and 142 of the Revised Penal Code.
- The decree adds Article 142-A to the Revised Penal Code and inserts it after Article 142.
- The amended rules apply to “any person” covered by the amended Rebellion/Insurrection, Sedition, Inciting, Conspiracy/Proposal, Disloyalty, and related provisions.
Rebellion and insurrection—penalties and leadership
- Article 135 penalizes rebellion or insurrection by imposing reclusion temporal in its medium period and a fine not to exceed 20,000 pesos on any person who promotes, maintains, or heads a rebellion or insurrection.
- Article 135 imposes the same penalty (reclusion temporal in its medium period plus a fine not to exceed 20,000 pesos) on any person who, while holding any public office or employment, takes part in engaging in war against the forces of the Government, destroying property, committing serious violence, exacting contributions, or diverting public funds from the lawful purpose for which they have been appropriated.
- Article 135 imposes reclusion temporal in its minimum period on any person “merely participating” in a rebellion or “executing the commands of others” in a rebellion.
- Article 135 provides that when the rebellion or insurrection is under the command of unknown leaders, 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 of such rebellion.
Conspiracy/proposal for rebellion; disloyalty; inciting
- Article 136 provides that conspiracy to commit rebellion or insurrection is punished by prision mayor in its maximum period and a fine not exceeding 5,000 pesos.
- Article 136 provides that proposal to commit rebellion or insurrection is punished by prision mayor in its medium period and a fine not exceeding 2,000 pesos.
- Article 137 imposes prision mayor in its minimum period on public officers or employees who have failed to resist a rebellion by all means in their power.
- Article 137 imposes prision mayor in its minimum period on public officers or employees who continue to discharge the duties of their offices under the control of the rebels.
- Article 137 imposes prision mayor in its minimum period on public officers or employees who accept appointment to office under the rebels.
- Article 138 imposes reclusion temporal in its minimum period on any person who, without taking arms or being in open hostility against the Government, incites others to execute any act specified in Article 134 by means of speeches, proclamations, writings, emblems, banners, or other representations tending to the same end.
Sedition—leader and participants; conspiracy and inciting
- Article 140 imposes on the leader of a sedition the penalty of reclusion temporal in its minimum period and a fine not exceeding 10,000 pesos.
- Article 140 imposes on “other persons participating” in sedition the penalty of prision mayor in its maximum period and a fine not exceeding 5,000 pesos.
- Article 141 provides that persons conspiring to commit sedition are punished by prision mayor in its medium period and a fine not exceeding 2,000 pesos.
- Article 142 imposes prision mayor in its maximum period and a fine not exceeding 2,000 pesos on any person who incites others to commit any act which constitutes sedition, by speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end.
- Article 142 further imposes the same penalty (prision mayor in its maximum period and fine not exceeding 2,000 pesos) on a person who utters seditious words or speeches, writes, publishes, or circulates scurrilous libels against the Government of the Philippines or any of its duly constituted authorities, or whose acts tend to disturb or obstruct any lawful officer in executing the functions of his office.
- Article 142 imposes the same penalty on persons who instigate others to cabal and meet together for unlawful purposes, suggest or incite rebellious conspiracies or riots, or lead to stirring up the people against lawful authorities or to disturb the peace of the community, the safety and order of the Government.
- Article 142 imposes the same penalty on any person who knowingly conceals such evil practices.
Additional rule for offenses committed on the occasion
- Article 142-A provides that when, by reason or on the occasion of any of the crimes penalized in the chapter, acts which constitute offenses are committed that have graver penalties imposed by law, the penalty for the most serious offense in its maximum period shall be imposed upon the offender.