FURTHER AMENDING PRESIDENTIAL DECREE NO. 1834 AS AMENDED

WHEREAS, in this period of economic recovery and in our
fight against insurgency, Presidential Decree No. 1834 as amended, was enacted,
among others, to ensure the economic and political, stability of the State;

WHEREAS, Presidential Decree No. 1834 provided for
a uniform penalty or reclusion perpetua to death for the crimes of rebellion or
insurrection and sedition, regardless of whether the offender is a leader or one
who is merely participating in the acts constituting the said crimes;

WHEREAS, some persons who are not leaders but are merely

participating in the crimes of rebellion or insurrection and/or sedition,
are oftentimes not aware of the impact and consequences of their unlawful
acts;

WHEREAS, Presidential Decrees Nos. 1974 and 1975, issued on
the 2nd day of May 1985, discarded the uniform penalty of reclusion perpetua to
death imposed order Presidential Decree No. 1834 for the crime of conspiracy and
proposal to commit rebellion or insurrection, inciting to rebellion or
insurrection, plot or conspiracy to commit sedition, etc.; and deleted the
penalties of forfeiture of rights as citizens of the Philippines and the
confiscation in favor of the State of real and personal properties of persons
violating Presidential Decree No. 1835;

WHEREAS, in the spirit of national reconciliation, the
Government deems it appropriate to further temper the penalties for those who
are merely participating in the acts constituting rebellion or insurrection,
sedition and/or other offenses;

WHEREAS, the Batasang Pambansa again adjourned its session
without having acted promptly and adequately on the Parliamentary Bills seeking
the repeal and/or modification of the uniform penalty for rebellion and
sedition, and other measures to meet the exigencies or imperatives of national
reconciliation;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested upon me by the Constitution do
hereby decree:

SECTION 1. Article 135 of the Revised Penal Code as amended,
is hereby further amended to read as follows:

“ART. 135. Penalty for rebellion or insurrection. — Any person who
promote, maintains or heads a rebellion or insurrection, or while holding any
public office or employment takes part therein, engaging in war against the
forces of the Government, destroying property or committing serious violence,
exacting contributions or diverting public funds from the lawful purpose for
which they have been appropriated, shall suffer the penalty of reclusion
perpetua to death.

“Any person merely participating or executing the commands of others in a
rebellion shall suffer the penalty of reclusion temporal in its medium period
and a fine not to exceed 20,000 pesos.

“When the rebellion or insurrection shall be 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 shall be deemed the leader of such
rebellion.”

SEC. 2. Article 140 of the Revised Penal Code as amended, is
hereby further amended to read as follows:

“ART. 140. Penalty for Sedition. —The leader of a
sedition shall suffer the penalty of reclusion perpetua to death.

“Other persons participating therein shall suffer the penalty of reclusion
temporal in its minimum period and a fine not exceeding 10,000
pesos.

SEC. 3. Article 142-B of the Revised Penal Code is hereby
further amended to read as follows:

“ART. 142-B. The penalty of prision mayor in its minimum
period and a fine not exceeding 8,000 pesos shall be imposed on any person who,
on the occasion of a rebellion or sedition, adheres to the perpetration of such
crimes, giving them aid and comfort. The same penalty shall be imposed upon such
person who having control and management of printing, broadcast or television
facilities, or any form of mass communication, shall use or, knowingly and with
specific intent of giving assistance, allow the use of such facilities on the
purpose of committing any of the Acts punished by Articles 138 and 142 of this
Code, or who shall use or, knowingly and with specific intent of giving
assistance, allow the use of such facilities for any plot or conspiracy to
accomplish any of the acts which constitute rebellion or insurrection or
sedition.

“Conviction for the offenses provided under this Article shall carry
with it the forfeiture and/or confiscation of the mass media facilities;
firearms and explosives, and all other instruments, equipment or tools directly
used in their commission.”

SEC. 4. Article 146 of the Revised Penal Code is hereby
further amended to read as follows:

“ART. 146. Illegal Assemblies. —The penalty of
prision mayor in its medium period shall be imposed upon the organizers or
leaders of:

1. Any meeting attended by armed persons for the purpose of committing any of
   the crimes punishable under this Code;
2. Any meeting in which the audience is incited to the commission of the crime
   of treason, rebellion or insurrection, sedition, or assault upon a person in
   authority or his agents; and
3. Any meeting which is held for the purpose of supporting any plot or
   conspiracy to accomplish any of the acts which constitute rebellion or
   insurrection or sedition.

“Persons merely present at such meeting shall suffer the penalty of arresto
mayor in its maximum period, unless they are armed, in which case the penalty
shall be prision correctional in its maximum period.

“If any person present at such meeting carries an unlicensed firearm, it
shall be presumed that the purpose of said meeting insofar as he is concerned,
is to commit act punishable under this Code, and he shall be considered a leader
or organizer of the meeting within the purview of the preceding paragraph.”

“As used in this Article, the word ‘meeting’ shall be understood to include
in gathering or group such as public rallies and similar group actions, whether
in a fixed place or moving.”

SEC. 5. All laws, decrees, executive or administrative
orders, rules and regulations or parts thereof, inconsistent with the provisions
of this Decree, are hereby repealed, amended or modified accordingly.

SEC. 6. This Decree shall take effect after fifteen (15)
days following its publication in the Official Gazette.

Done in the City of Manila, this 5th day of November, in the year of Our
Lord, nineteen hundred and eighty-five.

			(Sgd.) FERDINAND E. MARCOS President of the Philippines
	By the President:
	(Sgd.) JUAN C. TUVERA
		Presidential Executive Assistant