An Act Providing For The Preservation Of Public Order And The Protection Of Individual Rights And Liberties During Periods Of Emergency And Exercise Of Extraordinary Executive Powers

(Repealed By Presidential Decree No. 1875)

PRESIDENTIAL DECREE No. 1737

AN ACT PROVIDING FOR THE PRESERVATION OF PUBLIC ORDER AND THE PROTECTION OF INDIVIDUAL RIGHTS AND LIBERTIES DURING PERIODS OF EMERGENCY AND EXERCISE OF EXTRAORDINARY EXECUTIVE POWERS

WHEREAS, it is recognized that the State exists for the individual and that it is the responsibility of government to protect his rights and liberties;

WHEREAS, the preservation of the State and the protection of the public order are the primordial concern of all citizens for in their absence their enjoyment of life, liberty and property is but an illusion;

WHEREAS, even in times of emergency the fundamental policy of government remains unaltered that the rights and liberties of the individual including his social and economic rights shall not only be preserved but enhanced.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree:

Section 1. In these times of global stress and crises, when no state or...

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Summary of Presidential Decree No. 1737

Preservation of Public Order and Protection of Individual Rights During Emergencies
- The State exists to protect the rights and liberties of individuals. (Preamble)
- Preservation of the State and public order is the primary concern to ensure enjoyment of life, liberty and property. (Preamble)
- Individual rights and liberties, including social and economic rights, must be preserved and enhanced even during emergencies. (Preamble)

Presidential Powers During Emergencies (Section 2)
- The President may issue orders deemed necessary to meet a grave emergency or threat, including:
    - Preventive detention
    - Prohibiting wearing of certain uniforms and emblems
    - Restraining or restricting movement and activities of persons or entities to prevent prejudice to national security or public order
    - Directing closure of subversive publications or mass media
    - Banning or regulating entertainment or exhibitions detrimental to national interest
    - Controlling admission to educational institutions prejudicial to national security
    - Authorizing measures to prevent damage to the economic system
- Violation of Presidential orders is punishable by imprisonment for not less than thirty (30) days but not exceeding one (1) year, unless higher penalties apply under other laws.
- The President may authorize the Minister of National Defense to issue search warrants for seizure of documents or property related to the offense.

Immunity for Government Officials (Section 3)
- The President, Cabinet members, or other public officers shall not be held responsible or liable for any act or order issued while in office pursuant to this Act.

Effectivity (Section 4)
- This Act shall take effect immediately.