Amendment to Sections 1954 and 1978-A of Revised Administrative Code

June 19, 1965

REPUBLIC ACT NO. 4623

AN ACT TO AMEND SECTIONS NINETEEN HUNDRED AND FIFTY-FOUR AND NINETEEN HUNDRED AND SEVENTY-EIGHT-A OF THE REVISED ADMINISTRATIVE CODE

SECTION 1. Section nineteen hundred and fifty-four of the Revised Administrative Code is hereby amended so as to read as follows:

"SEC. 1954. Absolutely nonmailable matter. — No matter belonging to any of the following classes, whether sealed as first-class matter or not, shall be imported into the Philippines, through the mails, or be deposited in or carried by the mails of the Philippines, or be delivered to its addressee by any officer or employee of the Bureau of Posts:

"(a) Written or printed matter in any form advertising, describing, or in any manner pertaining to, or conveying or purporting to convey any information concerning any lottery, gift enterprise, or similar scheme depending in whole or in part upon lot or chance, or any scheme, device, or enterprise for obtaining any money or property of any kind by means of false or fraudulent pretenses, representations, or promises.

"(b) Written or printed matter advocating treason or any other offense against the security of the Philippines or forcible resistance to any law of the Republic of the Philippines, or which is of libelous character and relates to identifiable persons.

"(c) Articles, instruments, drugs, and substances designed, intended, or adapted for preventing conception or producing abortion, or for any indecent or immoral use, or which are advertised or described in a manner calculated to lead another to use or apply them for preventing conception or producing abortion, or for any indecent or immoral purpose.

"(d) Written or printed matter and photographs, engravings, lithographs, and other representations of an obscene, lewd, lascivious, filthy or indecent character, including all such matter which advertises or describe or gives, directly or indirectly, information where, how, from whom, or by what means any article, instrument, drug, or substance enumerated in the preceding subsection hereof may be obtained or made, or where or by whom any act or operation of any kind for the procuring or producing of abortion will be done or performed, or how or by what means conception may be prevented or abortion produced: Provided, however, That the prohibitions contained in this and the next preceding subparagraph shall not apply to scientific literature or information concerning articles, instruments, drugs and substances designed, intended, or adapted for preventing conception.

"(e) Explosives, inflammable materials, infernal machines, mechanical, chemical, or other devices and compositions which may ignite or explode, and all other natural or artificial articles, compositions, and materials which may hurt, harm, or injure another, or damage, deface, or otherwise injure the mails or other property.

"(f) Spirituous, vinous, malted, fermented, or other intoxicating liquors of any kind.

"(g) Living mammals, birds, reptiles, or fishes.

"(h) Any other matter which by law or treaty stipulation is absolutely debarred from transmission in the mails.

"When a matter of doubtful mailability under this section belongs to the second-class mail, the acceptance or rejection thereof shall be decided within two days from the time it is offered for mailing: Provided, That in cases where the second-class mail is offered for mailing to a postmaster who, being in doubt, refers the question of its mailability to the central office, such question shall be decided within two days from the time of its submission: Provided, further, That if no decision is reached or is made within the two days herein provided, the mail shall be given due course."

SECTION 2. Section nineteen hundred and seventy-eight-A of the Revised Administrative Code is hereby amended so as to read as follows: cdt

"SEC. 1978-A. Messages which shall not be transmitted. — No message belonging to any of the following classes shall be transmitted by telegraph, cable or wireless telegraphy, or delivered to its addressee by any officer or employee of the Bureau of Posts:

"(a) Written or printed message or communication describing or pertaining to, or conveying or purporting to convey, any information concerning any lottery or gift enterprise.

"(b) Written or printed message or communication advocating treason or any other offense against the security of the Philippines or forcible resistance to any law of the Republic of the Philippines, or which is of libelous character and relates to identifiable persons.

"(c) Written or printed message or communication containing obscene, lewd, lascivious, filthy, indecent words or language.

"(d) Written or printed message or communication advertising or describing or giving, directly or indirectly, information where, how, from whom, or by what means any articles, instrument, drug, or substance designed, intended, or adapted for preventing conception, or producing abortion may be obtained or made, or where or by whom any act or operation of any kind for the procuring or producing of abortion, will be done or performed, or who or by what means conception may be prevented or abortion produced: Provided, however, That this prohibition shall not apply to scientific informations concerning articles, instruments, drugs and substances designed, intended, or adapted for preventing conception."

SECTION 3. This Act shall take effect upon its approval. cd

Approved: June 19, 1965

Published in the Official Gazette, Vol. 63, No. 8, p. 1735 on February 20, 1967