Presidential Decree No. 885 (PD 885) — Outlawing Subversive Organizations, Penalizing Membership Therein and for Other Purposes.
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;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution,
do hereby decree as follows:
SECTION 1. Short Title—This decree shall be known as
The Revised Anti-Subversion Law.
Subversive Associations and Organizations.
SEC. 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.
Penalties—(a) Members.
SEC. 3. Penalties—(a) Members.—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 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:
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;
Subjecting himself to the discipline of such association
or organization in any form whatsoever;
Giving financial contribution to such association or
organization in dues, assessments, loans, or in any other forms;
Executing orders, plans or directives of any kind of such
association or organization;
Acting as an agent, courier, messenger, correspondent,
organizer, or in any other capacity, on behalf of such association
or organization;
Conferring with officers or other members of such association
or organization in furtherance of any plan or enterprise
thereof;
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;
Preparing documents, pamphlets, leaflets, books, or
any other type of publication to promote the objectives and purposes
of such association or organization;
Mailing, shipping, circulating, distributing, or delivering
to other persons any material or propaganda of any kind on behalf of
such association or organization;
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;
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) Deputation.—Any alien convicted under this decree
shall be deported immediately after he shall have served the sentence
imposed upon him.
False Testimony.
SEC. 4. False Testimony.—Any person who
knowingly furnishes false evidence in any action brought under this
decree shall be punished by prision correccional.
Sufficiency of Evidence.
SEC. 5. Sufficiency of Evidence.—Except as
provided in Section 1 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.
No restriction of Thought.
SEC. 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.
Repealing Clause.
SEC. 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.
Sequestration of Property.
SEC. 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.
Effectivity.
SEC. 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.
(Sgd.)
FERDINAND E. MARCOS
President
Republic of the Philippines
By the President:
(Sgd.)
JACOBO C. CLAVE
Presidential Executive Assistant
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
