Anti-Subversion Act

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Republic Act No. 1700, also known as the Anti-Subversion Act, is a law that outlaws the Communist Party of the Philippines (CPP) and similar organizations, penalizing mere membership of these organizations. It declares that the Communist Party of the Philippines, although purportedly a political party, is in fact an organized conspiracy to overthrow the Government of the Republic of the Philippines not only by force and violence but also by deceit, subversion and other illegal means, for the purpose of establishing in the Philippines a totalitarian regime subject to alien domination and control.[1] Under the Anti-Subversion Act, the term Communist Party of the Philippines means and includes the organizations now known as the Communist Party of the Philippines and its military arm, the Hukbong Mapagpalaya ng Bayan, formerly known as HUKBALAHAPS, and any successors of such organizations.[2]

  • R.A. 1700 was superseded by Presidential Decree No. 885, entitled "Outlawing Subversive Organizations, Penalizing Membership Therein and For Other Purposes," and in turn P.D. 885 was amended by Presidential Decree No. 1736.
  • P.D. 885, as amended by P.D. 1736, was likewise superseded by Presidential Decree No. 1835 entitled, "Codifying The Various Laws on Anti-Subversion and Increasing the Penalties for Membership in Subversive Organization," which in turn was amended by Presidential Decree No. 1975.
  • P.D. Nos. 1835 and 1975 unduly restricts the constitutional right to form associations, for which reason these Presidential Decrees, as well as all presidential issuances, orders, rules and regulations implementing Presidential Decrees Nos. 1835 and 1975, were repealed under Executive Order No. 167.
  • Executive Order No. 167, however, revived R.A. 1700, considering that the Supreme Court found the Communist Party of the Philippines to be an illegal association working for the overthrow of the Philippine Government by armed struggle and establish a communist form of government,[3] and the repeal of the foregoing decrees would leave a vacuum in the sense that membership is subversive organizations like the Communist Party of the Philippines would no longer be punishable, thereby posing a grave danger to the stability and existence of the Government.
  • On 15 July 1987, R.A. 1700, as revived by E.O. 167, was amended by Executive Order No. 276, which provides, in part, that "the term Communist Party of the Philippines shall mean and include the organizations now known as the Communist Party of the Philippines (CPP), its military arm, the New People's Army (NPA), and its political arm, and any successors of such organizations."

Republic Act No. 7636, which took effect on 11 October 1992, repealed R.A. 1700, as amended. It provides that R.A. No. 1700, otherwise known as the Anti-Subversion Act, as revived by E.O. No. 167 and subsequently amended by E.O. 176, is hereby repealed.[4] It also provides that Presidential Decree Nos. 885, 1738, 1835 and 1975 remain repealed, and all other laws, presidential decrees, letters of instruction, and other issuances, orders, rules and regulations inconsistent with this Act are hereby likewise repealed."[5]


References

  1. First "whereas" clause of R.A. 1700
  2. R.A.1700, Sec. 3
  3. People vs. Ferrer (8 SCRA 382)
  4. R.A. 7636, Sec. 1
  5. R.A. 7636, Sec. 3
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