Outlawing Subversive Organizations, Penalizing Membership Therein And For Other Purposes

Case Overview and Summary

Summary of Presidential Decree No. 885 (Revised Anti-Subversion Law)

Outlawing Subversive Organizations
- Any association or organization seeking to overthrow the Philippine government or dismember a portion of it, with foreign assistance and by illegal means, is declared an illegal organization. (Section 2)

Penalties for Membership
- Knowingly affiliating with or remaining a member of a subversive organization is punishable by arresto mayor and permanent disqualification from public office and voting rights; second conviction is prision correccional; subsequent convictions are prision mayor. (Section 3a)
- The following acts constitute prima facie evidence of membership: (Section 3a)
    1. Being listed as a member in the organization's records. (Section 3a.1)
    2. Subjecting oneself to the organization's discipline. (Section 3a.2)
    3. Providing financial contributions to the organization. (Section 3a.3)
    4. Executing orders, plans, or directives of the organization. (Section 3a.4)
    5. Acting as an agent, courier, messenger, organizer, or in any other capacity for the organization. (Section 3a.5)
    6. Conferring with officers or members to further the organization's plans. (Section 3a.6)
    7. Transmitting orders, directives, or plans of the organization. (Section 3a.7)
    8. Preparing publications to promote the organization's objectives. (Section 3a.8)
    9. Distributing or delivering the organization's materials or propaganda. (Section 3a.9)
    10. Advising, counselling, or instructing others to further the organization's objectives. (Section 3a.10)
    11. Participating in the organization's activities, planning, objectives, or purposes. (Section 3a.11)
- Officers or ranking leaders, or members who take up arms against the government, shall be punished by prision mayor to death with accessory penalties. (Section 3b)
- Aliens convicted under this decree shall be deported after serving their sentence. (Section 3c)

Other Provisions
- Providing false evidence in cases under this decree is punishable by prision correccional. (Section 4)
- The two-witness rule is abrogated; conviction can be based on one witness's testimony or the accused's confession in open court. (Section 5)
- This decree does not restrict freedom of thought, assembly, and association for lawful purposes. (Section 6)
- This decree supersedes Republic Act No. 1700, but acts committed before its effectivity shall be prosecuted under the former Act. (Section 7)
- The government can sequester (seize and manage) private property or assets used for subversive activities against national security. (Section 8)
- This decree takes effect 30 days after publication in the Official Gazette. (Section 9)