(REPEALED BY EXECUTIVE ORDER NO. 167)
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;chanroblesvirtualawlibrary
WHEREAS, the Communist threat remains a nagging problem of the
government and a continuing menace to the security of the
State; chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
WHEREAS, to support the continuing efforts of the governmentmed 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; chanroblesvirtualawlibrary
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: chanroblesvirtualawlibrary
Section 1. This Decree shall be known as the
Anti-Subversion Law of 1981.
Section 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.
Section 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. chanroblesvirtualawlibrary
Section 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.
Section 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. chanroblesvirtualawlibrary
Section 6. The following acts shall constitute prima
facie evidence of membership in any subversive association.
(a) 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;chanroblesvirtualawlibrary
(b) Subjecting himself to the discipline of such
association or organization in any form whatsoever;chanroblesvirtualawlibrary
(c) Giving financial contribution to such association
or organization dues, assessments, loans or in any other forms;chanroblesvirtualawlibrary
(d) Executing orders, plans or directives of any kind
of such association or organization;chanroblesvirtualawlibrary
(e) Acting as an agent, courier, messenger,
correspondent, organizer, or in other capacity, on behalf of such
association or organization;chanroblesvirtualawlibrary
(f) Conferring with officers or other members of
such association or organization in furtherance of any plan or
enterprise thereof;chanroblesvirtualawlibrary
(g) 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;chanroblesvirtualawlibrary
(h) Preparing documents, pamphlets, leaflets, books,
or any other type of publication to promote the objectives and purposes
of such association or organization;chanroblesvirtualawlibrary
(i) Mailing, shipping, circulating, distributing, or
delivering to other persons any material or propaganda of any kind on
behalf of such association or organization; chanroblesvirtualawlibrary
(j) 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;chanroblesvirtualawlibrary
(k) Participating in any way in the activities,
planning action, objectives, or purposes of such association or
organization.
Section 7. Any person who knowingly furnishes false
evidence in any action brought under this Decree shall be punished by
prision correccional.
Section 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. chanroblesvirtualawlibrary
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.
Section 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.
Section 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.
Section 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.
Section 12. This Decree shall take effect thirty (30)
days after its release by the Office of the President. chanroblesvirtualawlibrary
DONE in the City of Manila this
16th day of January in the year of Our Lord, nineteen hundred and
eighty-one.
|