AMENDING PRESIDENTIAL DECREE NO. 1835

• Number: Presidential Decree No. 1975
• Sections: 3

Preamble

WHEREAS, Presidential Decree No. 1835 codified the various

laws on anti-subversion and increased the penalties for membership in subversive

organizations;

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;

WHEREAS, in the spirit of reconciliation the State desires

to temper the penalties imposed under Presidential Decree No. 1835;

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:

Section 1

SECTION 1. Section 4 of Presidential Decree No. 1835 is

hereby amended to read as follows:

"SEC. 4. Whoever knowingly, wilfully 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

SEC. 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.