A collection of Philippine laws, statutes and codes
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This page features the full text of
Presidential Decree No. 1835
Anti-Subversion Law of 1981
CODIFYING THE VARIOUS LAWS ON ANTI-SUBVERSION AND INCREASING THE PENALTIES FOR MEMBERSHIP IN SUBVERSIVE ORGANIZATIONS.
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(This law has been repealed by Executive Order No. 167, S. 1987)
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WHEREAS, the crimes of subversion, rebellion, sedition, conspiracy or proposal to commit such crimes, and crimes or offenses committed in furtherance thereof or in connection therewith constitute direct attacks on the life of the State; . chanrobles virtual law library
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WHEREAS, the Communist threat remains a nagging problem of the government and a continuing menace to the security of the State;
WHEREAS, the Communist Party of the Philippines, its military arm, the New People's Army and any successors of such organizations or similarly purposed organizations persist in pursuing their defined objective to bring down by violence the Government of the Republic of the Philippines and to forcibly seize political power in order that they may replace the existing political, social, economic and legal order with an entirely new one based on communism or to secede or remove from the allegiance to the Philippine government or its laws, the territory of the Philippines or any part thereof; . chanrobles virtual law library
WHEREAS, to support the continuing efforts of the government aimed at solving the problems of public disorder and lawlessness, and the restoration of normalcy in the country, it is necessary to provide an effective deterrent to membership in subversive organizations by increasing the penalty therefor;
WHEREAS, there have been a series of amendments to R.A. No. 1700 (the Anti-Subversion Law) and P.D. 885 (the Revised Anti-Subversion Law) thus necessitating the codification of said amendments for purposes of integration and convenience.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby decree as follows: . chanrobles virtual law library
Section 1. This Decree shall be known as the Anti-Subversion Law of 1981.
Sec. 2. The Communist Party of the Philippines is hereby declared to be an organized conspiracy for the purpose of overthrowing the Government of the Republic of the Philippines or for the purpose of removing from the allegiance to said government or its laws, the territory of the Philippines or any part thereof, with the open or covert assistance or support of a foreign power or the open or covert support from a foreign source of any association, group of persons, whether public or private, by force, violence, terrorism, arson, assassination, deceit or other illegal means. The said party and any other organization, association, political party or group of persons organized for the same purpose and their successors are hereby considered and declared subversive organizations.
Sec. 3. As used in this Decree, the term "Communist Party of the Philippines" shall mean and include among others, the organizations now known as the Communist Party of the Philippines and its military arm, the New People's Army, and any such organizations/ associations whose purposes are allied thereto. . chanrobles virtual law library
Sec. 4. Whoever knowingly, willfully and by overt act affiliates with, becomes or remains a member of a subversive association or organization as defined in Section 2 hereof, whether committed or outside the territorial jurisdiction of the Philippines, shall be punished by reclusion temporal and in addition thereto shall suffer the forfeiture of his rights as a citizen of the Philippines, including permanent disqualification from holding any public office, appointive and elective, and from exercising the right to vote, if he is a Philippine citizen, and confiscation of his property, real or personal in favor of the State, in case of a second conviction, the principal penalty shall be reclusion perpetua; and in all subsequent convictions the penalty of reclusion perpetua to death shall be imposed; and any alien convicted after he shall serve the sentence imposed upon him: Provided, That if such member is an officer or a ranking leader of such subversive organization or association as defined in Section 2 hereof, or if such member takes up arms against the Government, he shall be punished by reclusion perpetua to death with all the accessory penalties provided therefor in the Revised Penal code; And provided, finally, That one who conspires with any other person for the purpose of over-throwing the Government of the Republic of the Philippines or the government of any of its political subdivisions and to place such Government or political subdivision under the control and domination of a foreign power or for the purpose of removing from the allegiance to said government or its laws, the territory of the Philippines or any part thereof, by force, violence, terrorism, arson, assassination, deceit or other illegal means, shall be punished by reclusion temporal with all the accessory penalties provided therefor in the same Code. . chanrobles virtual law library
Sec. 5. After the arraignment of an accused who is charged with subversion, the trial may proceed notwithstanding the absence of the accused, provided that he has been duly notified and his failure to appear is unjustified. Judgment may be promulgated in absentia and the penalty of confiscation of his properties in the Philippines may be immediately executed. . chanrobles virtual law library
Sec. 6. The following acts shall constitute prima facie evidence of membership in any subversive association:
Sec. 7. Any person who knowingly furnishes false evidence in any action brought under this Decree shall be punished by prision correccional. . chanrobles virtual law library
Sec. 8. The sequestration of the property of any person, natural or juridical, engaged in subversive activities against the Government and its duly constituted authorities, is hereby authorized, in accordance with implementing rules and regulations as may be issued by the Secretary of National Defense.
As used herein, the "sequester" and "sequestration" shall mean the seizure of private property or assets in the hands of any person or entity in order to prevent the utilization, transfer or conveyance of the same for purposes inimical to national security, or when necessary to protect the interest of the Government or any of its instrumentalities. It shall include the taking over and assumption of the management, control and operation of the private property or assets seized.
Sec. 9. Except as provided in Section 11 hereof the two-witness rule heretofore provided in Republic Act Numbered Seventeen Hundred is hereby abrogated and the accused may be convicted on the testimony of one witness if sufficient under the rules of evidence, or on his confession given in open court. . chanrobles virtual law library
Sec. 10. Nothing in this Decree shall be interpreted as a restriction on freedom of thought, of assembly and of association for purposes not contrary to law as guaranteed by the Constitution.
Sec. 11. Any provision of law, decree or order inconsistent with this Decree is hereby repealed: Provided, That acts committed in violation of Presidential Decree No. 885, as amended and before the effectivity of this Decree shall be prosecuted and punished in accordance with the provision of the former decree: And provided, finally, That acts committed in violation of Republic Act Numbered Seventeen Hundred and before the effectivity of Presidential Decree No. 885, shall be prosecuted and punished in accordance with the provisions of the former Act.
Sec. 12. This Decree shall take effect thirty (30) days after its release by the Office of the President. . chanrobles virtual law library
DONE in the City of Manila this 16th day of January in the year of Our Lord, nineteen hundred and eighty-one. . chanrobles virtual law library
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