AN ACT TO OUTLAW THE COMMUNIST PARTY OF THE PHILIPPINES AND SIMILAR ASSOCIATIONS

Case Overview and Summary

Summary of Republic Act No. 1700 (Anti-Subversion Act)

Declares the Communist Party of the Philippines an Illegal Organization
- Declares the Communist Party of the Philippines (CPP) and its military arm, the Hukbong Mapagpalaya ng Bayan (formerly known as HUKBALAHAPS), as an organized conspiracy to overthrow the government and establish a totalitarian regime under alien domination. (Section 2)
- Declares the CPP and any other organization with the same purpose, and their successors, as illegal and outlawed. (Section 2)

Defines "Communist Party of the Philippines"
- Includes the organizations known as the CPP and its military arm, the Hukbong Mapagpalaya ng Bayan, and any successors of such organizations. (Section 3)

Penalties for Membership and Activities
- Knowingly affiliating with, becoming, or remaining a member of the CPP or any subversive association: Arresto mayor, permanent disqualification from holding public office and voting rights; second conviction: Prision correctional; subsequent convictions: Prision mayor. (Section 4)
- If the member is an officer, ranking leader, or takes up arms against the government: Prision mayor to death penalty, with accessory penalties. (Section 4)
- Conspiring to overthrow the government by force, violence, deceit, subversion, or other illegal means for the purpose of placing it under alien control: Prision correctional to prision mayor, with accessory penalties. (Section 4)

Preliminary Investigation and Prosecution
- Prosecution requires a prima facie case finding by the city or provincial fiscal, or a designated special attorney or prosecutor, after due investigation. (Section 5)
- Preliminary investigation for offenses punishable by prision mayor to death shall be conducted by the proper Court of First Instance. (Section 5)
- The accused has the right to be represented by counsel, testify, obtain witnesses, and cross-examine witnesses during the preliminary investigation. (Section 5)

Penalties for False Evidence
- Knowingly furnishing false evidence in any action under this Act: Prision correctional. (Section 6)

Evidentiary Requirements
- Conviction for offenses punishable by prision mayor to death requires testimony of at least two witnesses to the same overt act or confession of the accused in open court. (Section 7)

Renunciation of Membership
- Within 30 days after the Act's approval, members of the CPP or any such association may renounce their membership in writing and under oath before authorized officials to be exempt from penal sanctions, but not from liability for previous criminal acts. (Section 8)

Freedom of Thought, Assembly, and Association
- The Act shall not be interpreted as a restriction on freedom of thought, assembly, and association for lawful purposes as guaranteed by the Constitution. (Section 9)

Effectivity
- The Act shall take effect upon its approval. (Section 10)