(REPEALED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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