Title
Amendments to Penal Code on Rebellion and Sedition
Law
Presidential Decree No. 38
Decision Date
Nov 7, 1972
In response to a state of martial law, Presidential Decree No. 38 amended several articles of the Revised Penal Code to deter rebellion, insurrection, sedition, and subversion committed by radical and lawless elements involved in a conspiracy to seize political and state power through force and violence.
A

Conspiracy and Proposal to Commit Rebellion or Insurrection

  • Punishable by prision mayor for those involved in conspiracy or proposal to commit rebellion or insurrection.

Disloyalty of Public Officers or Employees

  • Public officers/employees failing to resist rebellion, serving under rebel control, or accepting appointment from rebels face prision mayor (medium period).

Inciting to Rebellion or Insurrection

  • Persons inciting others to rebellion or insurrection through speeches, writings, emblems, or other means without armed involvement face reclusion temporal (minimum period).

Penalty for Sedition

  • Leaders of sedition face reclusion temporal (maximum period).
  • Other participants face prision mayor (maximum period).

Inciting to Sedition

  • Persons inciting sedition without direct participation face prision mayor (maximum period) and a fine up to P6,000.
  • Included are those uttering seditious words, publishing libels against the government, obstructing officials, instigating unlawful assembly, conspiracies, or riots.
  • Concealing such evil practices is also punishable.

Usurpation of Authority or Official Functions

  • Persons falsely representing themselves as government officers or acting under pretended official positions without entitlement face prision mayor (minimum and medium periods).

Using Fictitious Name and Concealing True Name

  • Use of fictitious names to conceal crimes, evade judgments, or cause damage entails prision correctional.
  • Concealing true name and personal circumstances entails arresto mayor.

Illegal Use of Uniform or Insignia

  • Public and improper use of insignia, uniforms, or dress of an office not held or class not belonging to the person invites prision mayor (maximum period).

General Provisions

  • The decree is promulgated to strengthen penalties against crimes against public order during martial law.
  • It aims to act as a deterrent against rebellion, sedition, and lawlessness.
  • The decree took effect immediately upon issuance by the President of the Philippines.

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