(REPEALED
BY EXECUTIVE ORDER NO. 167, 1987)
WHEREAS, Presidential Decree No. 1835 codified the various laws on
anti-subversion and increased the penalties for membership in
subversive organization;chanroblesvirtualawlibrary
WHEREAS, Presidential Decree No. 1835 imposed, among others, the
penalties of forfeiture of rights as a citizen of the Philippines and
confiscation of real or personal properties in favor of the State;chanroblesvirtualawlibrary
WHEREAS, in the spirit of reconciliation the State desires to temper
the penalties imposed under Presidential Decree No. 1835. chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers in me vested by the
Constitution, do hereby decree as follows:cralaw:red
Section 1. Section 4 of Presidential Decree No. 1835
is hereby amended to read as follows:cralaw:red
"Sec. 4. Whoever knowingly, willfully and by overt
acts of affiliates with, becomes or remains a member of, a subversive
association or organization as defined in Section 2 hereof, whether
committed within or outside the territorial jurisdiction of the
Philippines, shall be punished by reclusion temporal, and, in addition
thereto, shall be permanently disqualified from holding any public
office, appointive and elective, and from exercising the right to vote
if he is a Philippine citizen; 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 under this Decree shall be deported
immediately after he shall have served 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: Provided,
finally, That one who conspires with any other person for the purpose
of overthrowing the Government of the Republic of the Philippines or
any of its political subdivisions and placing 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 2. This Decree shall take effect after
fifteen (15) days following its publication in the Official Gazette.
DONE in the City of Manila,
this 2nd day of May in the year of Our Lord, nineteen hundred and
eighty-five.
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