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PRESIDENTIAL DECREE NO. 1737



PRESIDENTIAL DECREE NO. 1737  - AN ACT PROVIDING FOR THE PRESERVATION OF  PUBLIC ORDER AND THE PROTECTION OF  INDIVIDUAL RIGHTS AND LIBERTIES DURING  PERIODS OF EMERGENCY AND EXERCISE OF  EXTRAORDINARY EXECUTIVE POWERS

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(REPEALED BY PRESIDENTIAL DECREE NO. 1875)

WHEREAS, it is recognized that the State exists for  the individual and that it is the responsibility of  government to protect his rights and liberties;   chanroblesvirtualawlibrary

WHEREAS, the preservation of the State and the  protection of the public order are the primordial  concern of all citizens for in their absence their  enjoyment of life, liberty and property is but an  illusion; chanroblesvirtualawlibrary

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. chanroblesvirtualawlibrary

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:cralaw:red

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.

Section 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.

Section 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. chanroblesvirtualawlibrary

Section 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.


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