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PRESIDENTIAL DECREE NO. 885
PRESIDENTIAL DECREE NO. 885 -
OUTLAWING SUBVERSIVE ORGANIZATIONS, PENALIZING MEMBERSHIP THEREIN AND
FOR OTHER PURPOSES
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WHEREAS,
there are certain associations or organizations in the Republic of the
Philippines, not covered by Republic Act No. 1700, which are seeking to
overthrow the Government of the Republic of the Philippines or to
dismember a portion thereof; and
WHEREAS, in order to protect the Government of the Republic of the
Philippines and the people, it has become necessary to revise Republic
Act No. 1700 to broaden its coverage;chanroblesvirtualawlibrary
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. Short Title. — This decree shall be known
as the Revised Anti-Subversion Law.
Section 2. Subversive Associations and Organizations.
— Any association, organization, political party, or group of persons
organized for the purpose of overthrowing the Government of the
Republic of the Philippines with the open or covert assistance and
support of a foreign power by force, violence, deceit or other illegal
means shall be considered and is hereby declared an illegal
organization.
Section 3. Penalties. — (a) Members. — Whoever
knowingly, wilfully and by overt act affiliates with, becomes or
remains a member of a subversive associations or organization as
defined in Section 2 hereof shall be punished by arresto mayor and
shall be disqualified permanently from holding any public office,
appointive or elective, and from exercising the right to vote; in case
of a second conviction, the principal penalty shall be prision
correccional; and in all subsequent convictions the penalty of prision
mayor shall be imposed.
The following acts shall constitute prima facie evidence of membership
in any subversive association:cralaw:red
(1) 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
(2) Subjecting himself to the discipline of such
association or organization in any form whatsoever;chanroblesvirtualawlibrary
(3) Giving financial contribution to such association
or organization in dues, assessments, loans, or in any other forms;chanroblesvirtualawlibrary
(4) Executive order, plans or directives of any kind
of such association or organization;chanroblesvirtualawlibrary
(5) Acting as an agent, courier, messenger,
correspondent, organizer, or in any other capacity, on behalf of such
association or organization;chanroblesvirtualawlibrary
(6) Conferring with officers or other members of such
association or organization in furtherance of any plan or enterprise
thereof;chanroblesvirtualawlibrary
(7) 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
(8) Preparing documents, pamphlets, leaflets, books,
or any other type of publication to promote the objectives and purposes
of such association or organization;chanroblesvirtualawlibrary
(9) Mailing, shipping, circulating, distributing, or
delivering to other persons any material or propaganda of any kind on
behalf of such association or organization;chanroblesvirtualawlibrary
(10) 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
(11) Participating in any way in the activities,
planning action, objectives, or purposes of such association or
organization.
(b) Officers or Ranking Leaders. — If such member is
an officer or a ranking leader of any subversive association or
organization as defined in Section 2 hereof, or if such member takes up
arms against the Government, he shall be punished by prision mayor to
death with all the accessory penalties provided therefor in the Revised
Penal Code.
(c) Deportation. — Any alien convicted under this
decree shall be deported immediately after he shall have served the
sentence imposed upon him.
Section 4. False Testimony. — Any person who
knowingly furnishes false evidence in any action brought under this
decree shall be punished by prision correccional. chanroblesvirtualawlibrary
Section 5. Sufficiency of Evidence. — Except as
provided in Section 7 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 6. No Restriction of Thought. — 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. chanroblesvirtualawlibrary
Section 7. Repealing Clause. — This decree supersedes
Republic Act Numbered Seventeen Hundred, but acts committed in
violation thereof and before the effectivity of this decree, shall be
prosecuted and punished either in accordance with the provisions of the
former Act. Nothing in this decree shall prevent prosecution of cases
pending for violation of Republic Act Numbered Seventeen Hundred.
Section 8. Sequestration of Property. — The
sequestration of the property of any person, natural or artificial,
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.
As used herein, the terms "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. Effectivity. — This decree shall take
effect thirty days after its publication in the Official Gazette.
DONE in the City of Manila,
this 3rd day of February, in the year of Our Lord, nineteen hundred and
seventy-six.
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Since 19.07.98
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