ANTI-SUBVERSION LAW OF 1981

Case Overview and Summary

Summary of the Anti-Subversion Law of 1981

Declares the Communist Party of the Philippines and its military arm, the New People's Army, as subversive organizations.
• Defines subversive organizations as those organized to overthrow the government or remove territory from Philippine allegiance, with foreign assistance, by force, violence, terrorism, arson, assassination, deceit or other illegal means. (Section 2)
• Includes any successors or similarly purposed organizations. (Section 2)

Penalties for Membership in Subversive Organizations
• Reclusion temporal (12-20 years imprisonment) for knowingly affiliating with or remaining a member of a subversive organization. (Section 4)
• Additional penalties: forfeiture of citizenship rights, permanent disqualification from public office and voting, confiscation of property on second conviction. (Section 4)
• Reclusion perpetua (20-40 years imprisonment) for second conviction. (Section 4)
• Reclusion perpetua to death for subsequent convictions. (Section 4)
• Reclusion perpetua to death for officers, ranking leaders, or those taking up arms against the government. (Section 4)
• Reclusion temporal for conspiracy to overthrow the government or remove territory by force, violence, terrorism, etc. (Section 4)

Trial and Evidence
• Trial may proceed in absentia if accused is duly notified and absence is unjustified. (Section 5)
• Confiscation of properties may be immediately executed upon judgment in absentia. (Section 5)
• Prima facie evidence of membership includes: being listed as a member, subjecting to discipline, giving financial contributions, executing orders, acting as an agent, conferring with members, transmitting orders, preparing propaganda materials, distributing materials, advising members, participating in activities. (Section 6)
• Furnishing false evidence is punishable by prision correccional (6 months to 6 years imprisonment). (Section 7)
• Abrogates the two-witness rule, allowing conviction on one witness testimony or confession in open court. (Section 9)

Sequestration of Property
• Authorizes sequestration (seizure and management) of property of persons engaged in subversive activities against the government. (Section 8)

Exclusions
• Does not restrict freedom of thought, assembly and association for lawful purposes. (Section 10)

Repeals and Transition
• Repeals inconsistent laws, but acts committed before this decree are prosecuted under previous laws. (Sections 11-12)