Amendments to Penal Code on Rebellion and Sedition

The decree is issued pursuant to Proclamation No. 1081 dated September 21, 1972, declaring a state of martial law throughout the land.
The decree is also issued pursuant to General Order No. 1 dated September 22, 1972, as amended.
The decree states its necessity to act as a deterrent by imposing higher penalties for certain offenses involving crimes against public order and public interest.
The decree expressly directs that Articles 135, 136, 137, 138, 140, 142, 177, 178 and 179 of Act No. 3815 are further amended to read as follows.

The decree identifies an emergency brought about by activities of groups conspiring to seize political power and state power by force and violence.
The decree states that radical and lawless elements have continued committing rebellion, insurrection, sedition and subversion by means of force, violence, deceit, and other illegal means.
The decree states that the act is necessary to abate, curb, or arrest mounting efforts challenging and defying the Government through illegal means.
The decree frames the amendments as a deterrent to mounting criminal acts against public order and public interest.

Article 135 penalizes any person who promotes, maintains, or heads a rebellion or insurrection.
Article 135 penalizes any person who, while holding any public office or employment, takes part in rebellion by 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 the penalty of reclusion perpetua for the principal offenses described above.
Article 135 imposes the penalty of reclusion temporal on a person who is merely participating or who is executing the command of others in a rebellion.
Article 135 provides special treatment 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.
Article 135 increases severity by treating leadership acts as leadership even when formal command is unknown.

Article 136 penalizes conspiracy and proposal to commit rebellion or insurrection.
Article 136 imposes the penalty of prision mayor for conspiracy and proposal to commit rebellion or insurrection.

Article 137 penalizes public officers or employees who failed to resist a rebellion by all means in their power.
Article 137 penalizes public officers or employees who continue to discharge the duties of their offices under the control of the rebels.
Article 137 penalizes public officers or employees who accept appointment to office under the rebels.
Article 137 imposes the penalty of prision mayor in its medium period for these disloyalty acts.

Article 138 penalizes any person who incites others to execute any act specified in Article 134.
Article 138 applies to persons who, without taking arms or being in open hostility, incite execution of acts under Article 134.
Article 138 provides that inciting may be done by speeches, proclamations, writings, emblems, banners or other representations tending to the same end.
Article 138 imposes the penalty of reclusion temporal in its minimum period for inciting to rebellion or insurrection.
Article 140 penalizes sedition by separating liability between leadership and participation.
Article 140 imposes reclusion temporal in its maximum period on the leader of a sedition.
Article 140 imposes prision mayor in its maximum period on other persons participating in sedition.

Article 142 penalizes inciting to sedition when a person does not take direct part in the sedition crime itself.
Article 142 imposes prision mayor in its maximum period and a fine not exceeding P6,000 pesos for inciting others to accomplish acts that constitute sedition.
Article 142 recognizes incitement through speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end.
Article 142 also imposes the same penalties on persons who utter seditious words or speeches.
Article 142 also imposes the same penalties on persons who write, publish, or circulate scurrilous libels against the Government of the Philippines or any duly constituted authorities.
Article 142 covers scurrilous libels when they tend to: (1) disturb or obstruct any lawful officer executing functions of office; (2) instigate others to cabal and meet together for unlawful purposes; (3) suggest or incite rebellious conspiracies or riots; (4) lead or tend to stir up the people against lawful authorities; or (5) disturb the peace of the community, the safety and order of the Government.
Article 142 includes knowing concealment: persons who knowingly conceal such evil practices are covered by the same penalty scheme.

Article 177 penalizes any person who knowingly and falsely represents himself as an officer, agent, or representative of any Philippine Government department or agency or of any foreign government.
Article 177 penalizes any person who, under pretense of official position, performs any act pertaining to a person in authority or public officer of the Philippine Government or a foreign government or any of its agencies without being lawfully entitled.
Article 177 imposes prision mayor in its minimum and medium period for these acts.
Article 178 penalizes any person who publicly uses a fictitious name for the purpose of concealing a crime, evading execution of a judgment, or causing damage.
Article 178 imposes prision correctional for publicly using a fictitious name for those purposes.
Article 178 penalizes any person who conceals his true name and other personal circumstances with a penalty of arresto mayor.
Article 179 penalizes any person who publicly and improperly makes use of insignia, uniforms or dress pertaining to an office not held by such person or to a class of persons of which he is not a member.
Article 179 imposes prision mayor in its maximum period for illegal use of uniform or insignia.

The penalties for rebellion/insurrection distinguish between: (1) promoters/maintainers/heads and certain public officers; (2) mere participants or those executing others’ commands; and (3) persons who effectively direct rebels under unknown leaders.
The penalties for rebellion-related incitement distinguish between taking arms/open hostility and inciting without arms/open hostility.
The penalties for sedition distinguish between the leader and other participants.
The penalties for inciting to sedition cover both incitement acts and seditious speech or writings, including scurrilous libels, and also cover knowing concealment of the prohibited practices.
The penalties for Articles 177–179 focus on impersonation/pretended authority, use of fictitious names to defeat justice or cause harm, concealment of identity, and improper public use of uniforms/insignia.