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WHEREAS,
even in times of emergency the fundamental policy
of government remains unaltered that the rights
and liberties of the individual including his
social and economic rights shall not only be preserved
but enhanced.
NOW,
THEREFORE, I, FERDINAND E. MARCOS, President of
the Philippines, by virtue of the powers vested in me by the
Constitution,
do hereby order and decree:
Section
1. In these times of global stress
and crises, when no state or nation sits undisturbed, and where,
at any
moment, anarchic and subversive forces may, by force and
violence, overthrow and dismantle legitimate government, it
is necessary and imperative that such powers of government be
identified
to reassure the people that their government is
capable of discharging its responsibilities.
Sec.
2. Whenever in the judgment of
the President/Prime Minister there exist a grave emergency or a threat
or imminence thereof, he may
issue such orders as he may deem
necessary to meet the emergency including but not limited
to preventive detention, prohibiting the wearing
of certain uniforms and emblems, restraining or restricting
the movement and other activities of persons or entities
with a view to preventing them from acting in a manner
prejudicial to the national security or the maintenance of public
order,
directing the closure of subversive publications or other media of mass
communications, banning or
regulating the holding of entertainment or exhibitions
detrimental to the national interest, controlling
admission to educational institutions whose operations
are found prejudicial to the national security, or
authorizing the taking of measures to prevent any damage
to the viability of the economic system. The violation
of orders, issued by the President/Prime Minister
pursuant to this Decree, unless the acts are punishable with higher
penalties
under the Anti-Subversion Act, the Revised Penal Code or other existing
laws, shall be punishable by imprisonment for not less than
thirty (30) days but not exceeding one (1) year.
The
President/Prime Minister may authorize the Minister of National Defense
to issue, in accordance with such regulations
as he may prescribe, search warrants for the
seizure of any document or property subject of the offense or used or
intended
to be used as the means of committing
the offense pursuant to this section.
Sec.
3. The incumbent President/Prime
Minister, any Cabinet member or any other public officer shall not
be held
responsible or liable in any civil, criminal or other proceeding
for any act or order issued or performed while in
office pursuant to the provisions of this Act.
Sec.
4. This Act shall take effect
immediately.
Done in the City of Manila, this 12th day of September in the year of Our Lord, nineteen hundred and eighty..chan robles virtual law library
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