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Section
1. Short Title. — This decree
shall be known as the Revised Anti-Subversion Law.
Sec.
2. Subversive Associations and
Organizations. — Any association, organization, political party, or
group
of persons organized for the purpose of overthrowing the Government of
the Republic of the Philippines with the open or covert assistance and
support of a foreign power by force, violence, deceit or other illegal
means shall be considered and is hereby declared an illegal
organization.
Sec.
3. Penalties. — (a) Members.
— Whoever knowingly, willfully and by overt act affiliates with,
becomes
or remains a member of a subversive associations or organization as
defined
in Section 2 hereof shall be punished by arresto mayor and shall be
disqualified
permanently from holding any public office, appointive or elective, and
from exercising the right to vote; in case of a second conviction, the
principal penalty shall be prision correccional; and in all subsequent
convictions the penalty of prision mayor shall be imposed.
The
following acts shall constitute prima facie evidence of membership in
any
subversive association:
(1) Allowing
himself to be listed as a member in any book or any of the lists,
records,
correspondence, or any other document of the organization;
(2) Subjecting
himself to the discipline of such association or organization in any
form
whatsoever;
(3) Giving
financial contribution to such association or organization in dues,
assessments,
loans, or in any other forms;
(4) Executive
order, plans or directives of any kind of such association or
organization;
(5) Acting
as an agent, courier, messenger, correspondent, organizer, or in any
other
capacity, on behalf of such association or organization;
(6) Conferring
with officers or other members of such association or organization in
furtherance
of any plan or enterprise thereof;
(7) Transmitting
orders, directives, or plans of such association or organization orally
or in writing or any other means of communication such as by signal,
semaphore,
sign or code;
(8) Preparing
documents, pamphlets, leaflets, books, or any other type of publication
to promote the objectives and purposes of such association or
organization;
(9) Mailing,
shipping, circulating, distributing, or delivering to other persons any
material or propaganda of any kind on behalf of such association or
organization;
(10) Advising,
counselling, or in other way giving instruction, information,
suggestions,
or recommendations to officers or members or to any other person to
further
the objectives of such association or organization;
(11) Participating
in any way in the activities, planning action, objectives, or purposes
of such association or organization.
(b) Officers
or Ranking Leaders. — If such member is an officer or a ranking leader
of any subversive association or organization as defined in Section 2
hereof,
or if such member takes up arms against the Government, he shall be
punished
by prision mayor to death with all the accessory penalties provided
therefor
in the Revised Penal Code.
(c) Deportation.
— Any alien convicted under this decree shall be deported immediately
after
he shall have served the sentence imposed upon him.
Sec.
4. False Testimony. — Any person
who knowingly furnishes false evidence in any action brought under this
decree shall be punished by prision correccional.
Sec.
5. Sufficiency of Evidence. —
Except as provided in Section 7 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.
Sec.
6. No Restriction of Thought.
— 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.
7. Repealing Clause. — This decree
supersedes Republic Act Numbered Seventeen Hundred, but acts committed
in violation thereof and before the effectivity of this decree, shall
be
prosecuted and punished either in accordance with the provisions of the
former Act. Nothing in this decree shall prevent prosecution of cases
pending
for violation of Republic Act Numbered Seventeen Hundred.
Sec.
8. Sequestration of Property.
— The sequestration of the property of any person, natural or
artificial,
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 terms "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. Effectivity. — This decree
shall take effect thirty days after its publication in the Official
Gazette.
DONE in the City of Manila, this 3rd day of February, in the year of Our Lord, nineteen hundred and seventy-six..chan robles virtual law library
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