Amending Republic Act No. 1700, Otherwise Known as the Anti-Subversion Act

Case Overview and Summary

Summary of Executive Order No. 276 Amending Republic Act No. 1700 (Anti-Subversion Act)

Declaration of the Communist Party of the Philippines as an Illegal Organization (Section 1):
- The Communist Party of the Philippines (CPP) is declared an organized conspiracy to overthrow the government by force, violence, deceit, subversion or other illegal means.
- The CPP, its military arm (New People's Army or NPA), its political arm, and their successors are declared illegal and outlawed.

Definition of "Communist Party of the Philippines" (Section 2):
- The term "Communist Party of the Philippines" includes the CPP, NPA, and its political arm, as well as any successors of these organizations.

Penalties for Membership and Activities (Section 3):
- Knowingly affiliating with, becoming or remaining a member of the CPP or any subversive association is punishable by arresto mayor and permanent disqualification from public office and voting rights.
- For second conviction, the penalty is prision correccional.
- For subsequent convictions, the penalty is prision mayor.
- If the member is an officer, ranking leader, or takes up arms against the government, the penalty is prision mayor to reclusion perpetua with accessory penalties.
- Conspiring to overthrow the government by force, violence, deceit, subversion or other illegal means is punishable by prision correccional to prision mayor with accessory penalties.

Repeal of Section 5 of Republic Act No. 1700 (Section 4)

Requirement for Conviction (Section 5):
- No person shall be convicted of offenses punishable by prision mayor to reclusion perpetua unless on the testimony of at least two witnesses to the same overt act or on the accused's confession in open court.