(REPEALED
BY EXECUTIVE ORDER NO. 59, S. 1986, AS AMENDED BY EXECUTIVE ORDER NO.
191, S. 1987)
WHEREAS, by virtue of Proclamation No. 2045, as amended by Proclamation
No. 2045-A, the privilege of the Writ of Habeas Corpus remains
suspended in the two autonomous regions of Mindanao and in all other
places with respect to —chanroblesvirtualawlibrary
"persons at present detained as well as others who may hereafter be
similarly detained for the crimes of insurrection or rebellion,
subversion, conspiracy or proposal to commit such crimes, sedition,
conspiracy to commit sedition, inciting to sedition, and for all other
crimes and offenses committed by them in furtherance or on the occasion
thereof, or incident thereto; or in connection therewith, such as but
not limited to offenses involving economic sabotage, illegal
assemblies, illegal associations, tumults and other disturbances of
public orders, unlawful use of means of publication and unlawful
utterances, and alarms and scandals, or with respect to any person
whose arrest or detention is, in the judgment of the President required
by public safety as a means to repel or quell the existing rebellion in
the country." chanroblesvirtualawlibrary
WHEREAS, Presidential Decree No. 1877 effectuates and implements
Proclamation No. 2045;chanroblesvirtualawlibrary
WHEREAS, it thus becomes necessary to amend Presidential Decree No.
1877 in view of the amendment introduced by Proclamation No.
2045-A. chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree:cralaw:red
Section 1. Section of Presidential Decree No. 1877
is hereby amended to read as follows:cralaw:red
"Sec. 1. All cases involving the crimes of
insurrection, rebellion, subversion, conspiracy or proposal to commit
such crimes, sedition, conspiracy to commit sedition, inciting to
sedition, and all other crimes or offenses committed in furtherance
thereof, or on the occasion thereof, or incident thereto, or in
connection therewith, such as but not limited to offenses involving
economic sabotage, illegal assemblies, illegal associations, tumults
and other disturbances of public orders, unlawful use of means of
publication and unlawful utterances, and alarms and scandals, shall be
referred to the Provincial or City Fiscal, or to the proper Court for
preliminary examination or investigation in accordance with existing
laws."
Section 2. There shall be a new paragraph
incorporated in Section 2 of Presidential Decree No. 1877 which shall
read as follows:cralaw:red
"Sec. 2. .
"The President may also issue a preventive detention action against any
person or persons whose arrest and detention is, in his judgment,
required by public safety as a means to repel or quell the existing
rebellion in the country."
Section 3. Section 3 of Presidential Decree No. 1877
is hereby amended to read as follows:cralaw:red
"Sec. 3. When issued, the preventive detention
action shall constitute authority to arrest the subject person or
persons, and to preventively detain him or them for a period not
exceeding one year; to restrain/prevent the further
commission/performance of the crime(s) or offense(s) complained of or
act(s) in furtherance or on the occasion thereof, related or incident
thereto, or in connection therewith, by such person or persons; to
search the said person or persons and/or his or their premises,
residence, office, temporary abode or place of business or operations
as described by the military commander or the head of law enforcement
agency; and to sequester, distrain, confiscate or destroy all arms,
equipment or property used or to be used in the commission of the crime
or crimes mentioned in Section 1 hereof."
Section 4. All laws, decrees, letters of
instructions, executive or administrative orders, rules and regulations
inconsistent with this Decree are hereby repealed, amended or modified
accordingly.
Section 5. This Decree shall take effect after
fifteen (15) days following its publication in the Official Gazette.
Done in the City of Manila,
Philippines, this 23rd day of July in the year of Our Lord, nineteen
hundred and eighty-three.
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