MALACAÑAN PALACE
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
[ Memorandum Circular No. 422, January 4, 1971 ]
PRESCRIBING GUIDELINES FOR THE IMPLEMENTATION OF THE PROVISIONS OF THE REVISED ADMINISTRATIVE CODE REGARDING NONMAILABLE MATTER FROM THE STANDPOINT OF NATIONAL SECURITY.
WHEREAS, the use of the nails by private persons is in nature of a privilege which can be regulated by the state to avoid its abuse and persons possess no absolute right to put into the mail anything they please regardless of its nature (Sotto vs. Ruiz, 41 Phil. 468);
WHEREAS, there is a steady stream of materials being circulated through the mails which tend to undermine the stability of the state;
WHEREAS, the nature of said materials exceeds the margin of permissiveness under the libertarian concepts of freedom of speech and of the press secured by our Constitution;
WHEREAS, the Government cannot abdicate its duty of meeting said threat;
WHEREAS, existing provisions of law expressly provide that the following are 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 Brueau of Posts:
xxx xxx xxx
“(b) Written or printed matter advocating treason or any other offense against national security of the Philippines or forcible resistance to any law of the Republic of the Philippines, x x x.” (sec. 1954, Rev. Adm. Code, as amended by Rep. Act. No. 4623.)
NOW, THEREFORE, the following guidelines are hereby laid on the treatment of the above-mentioned nonmailable matter:
1. Duty of determining mailability of matter conferred on Postmaster General– The primary duty of determining what matter is mailable or not rests with the Postmaster General and involves the exercise of his judgment and discretion (Sotto vs. Ruiz, supra; Reyes v. Topacio, 44 Phil. 207).
2. What constitutes objectionable material – Written or printed material shall be deemed objectionalble when it advocates:
a. Treason, as the term is defined in Article 114 of the Revised Penal Code; or
b. Any of the following crimes against national security which is understood to mean those which threaten or endanger the security of the state and shall include, but shall not be limited to, the following offenses penalized under the Revised Penal Code:
(1) Conspiracy and proposal to commit treason (Art. 115);
(2) Misprision of treason (Art. 116);
(3) Espionage ( Art. 117);
(4) Inciting to war or giving motives for reprisal (Art. 118)
(5) Violation of neutrality (Art. 119);
(6) Correspondence with hostile country (Art. 120);
(7) Flight to enemy’s country (Art. 121);
(8) Conspiracy and proposal to commit rebellion or insurrection (Art. 136);
(9) Inciting to rebellion or insurrection (Art. 138);
(10) Conspiracy to commit sedition (Art. 141);
(11) Inciting to sedition (Art. 142).
Included in this paragraph is advocacy to violate the provisions of Commonwealth Act No. 616, “The Espionage Act” and/or Republic Act No. 1700, “The Anti-Suversion Law”.
c. Forcible resistance to any law of the Republic of the Philippines as penalized in Article 154(2), Revised Penal Code.
3. Examination of mail matter
a. “First class mail matter” – This class includes letters, postal cards, and all other matter wholly or partly in writing or which is scaled or otherwise closed against inspection, or which is not wrapped and packed as prescribed by the regulations of the Bureau of Posts for matter of the class to which it would otherwise belong [Sec. 1945(a), Rev. Adm. Code].
The Postmaster General or any postmaster may open or cause to be opened mail matter belonging to this class to determine its mailability with the consent of the known available sender or addressee or when authorized by law.
b. “Second class mail matter” – This class includes newspapers, publications or other printed matters not having the character of an actual personal correspondence [Secs. 1947 (b) and 1951, Rev. Adm. Code].
c. “Third class mail matter” – This class refers to mail matter not included in the first or second class and not having the nature of a personal correspondence [Secs. 1947 (c) and 1948, Rev. Adm. Code].1âшphi1
d. Second and third class mail matter may summarily be opened and examined by the postal authorities.
4. Period for determination of nonmailability of second and third class matter offered for mailing– When second class mail matter of doubtful mailability is offered for mailing, said matter shall be accepted or rejected by the postal authorities concerned within two days from the date of said offering: Provided, That in cases where said mail matter is offered for mailing to a postmaster, he shall, in case of doubt, refer the question of its mailability to the central office, which shall decide such question within two days from the time of its submission: Provided, further, That if no decision is reached or is made within two days herein provided, the mail shall be given die course [Sec. 1954, Rev. Adm. Code, as amended]. In case of rejection, the Postmaster General or the postmaster, as the case may be, shall forthwith return the nonmailable matter to the mailer.
These rules shall also apply as regards third class mail matter.
5. Disposition of nonmailable matter deposited for transmission or delivery; notice of nonmailability – Mail matter belonging to any class which is absolutely nonmailable by reason of its nature and which has already been deposited for transmission or delivery by mail shall be forfeited to the Government [Sec. 1956, Rev. Adm. Code]. Notice of said forfeiture shall be sent by the postal authorities concerned to the postal administration of the country of origin of the non-mailable mail matter, in case of foreign mail, or the known and available sender of said mail, in case of domestic mail.
6. Submission of difficult questions on mailability of all classes of mail matter to Secretary of Justice – The Postmaster General, whenever practicable, shall refer difficult questions on the mailability of mail matter to the Secretary of Justice for resolution as Attorney General of the Government.
By authority of the President:
(SGD.) ALEJANDRO MELCHOR
Executive Secretary
Manila, January 4, 1971
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