Amends
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Amended by
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Executive Orders

Repealing Presidential Decrees Nos. 1404, 1836, 1877 And 1877-A.

Executive Order No. 59

EXECUTIVE ORDER NO. 59 November 7, 1986

REPEALING PRESIDENTIAL DECREES NOS. 1404, 1836, 1877 AND 1877-A.

WHEREAS, the former President, through Presidential Decree No. 1404, empowered himself to authorize longer periods for the delivery of persons arrested for the crimes or offenses enumerated in the said decree;

WHEREAS, the former President through Presidential Decree No. 1836 empowered himself to issue orders of arrest or commitment orders during a state of martial law or when the privilege of the writ of habeas corpus is suspended against persons whose arrest or detention was in his judgment, required by public safety and as a means to quell invasion, insurrection or rebellion or imminent danger thereof;

WHEREAS, under the said decree, arrested or detained persons could not be released until so ordered by the former President or his duly authorized representative;

WHEREAS, the former President, through Presidential Decree No. 1877, again empowered himself to issue preventive detention actions against persons ascertained to be participants in the commission of the crimes enumerated therein for...

Summary of Executive Order No. 59

Repealing Presidential Decrees
- Repeals the following Presidential Decrees and related rules, regulations, and instructions:
• Presidential Decree No. 1404 (Sec. 1) - "Further Amending Article 125 of the Revised Penal Code, as Amended"
• Presidential Decree No. 1836 (Sec. 1) - "Defining the Conditions Under Which the President May Issue Orders of Arrest or Commitment Orders During Martial Law or When the Privilege of the Writ of Habeas Corpus is Suspended"
• Presidential Decree No. 1877 (Sec. 1) - "Providing for the Issuance of a Preventive Detention Action and for Other Purposes", as amended by Presidential Decree No. 1877-A

Background and Rationale
• The former President empowered himself to authorize longer periods for the delivery of arrested persons for certain crimes through Presidential Decree No. 1404. (Whereas clause 1)
• The former President empowered himself to issue orders of arrest or commitment orders during martial law or when the privilege of the writ of habeas corpus is suspended against persons whose arrest or detention was deemed necessary for public safety and to quell invasion, insurrection, or rebellion through Presidential Decree No. 1836. (Whereas clause 2)
• Under Presidential Decree No. 1836, arrested or detained persons could not be released until ordered by the former President or his authorized representative. (Whereas clause 3)
• The former President empowered himself to issue preventive detention actions against persons ascertained to be participants in certain crimes for specified periods and conditions through Presidential Decree No. 1877. (Whereas clause 4)
• The former President authorized himself to issue preventive detention actions against persons who committed additional crimes and those whose arrest and detention were deemed necessary for public safety to repel or quell the alleged rebellion through Presidential Decree No. 1877-A. (Whereas clause 5)
• The National Security Code, Proclamation Nos. 2045 and 2045-A, which were the basis for the aforementioned decrees, were repealed. (Whereas clause 6)
• The authorizations under the repealed decrees undermine the rights and freedoms of the Filipino people and are inconsistent with Proclamation No. 3 dated March 25, 1986. (Whereas clause 6)
• The incumbent President is mandated to prioritize measures to achieve the mandate of the people to make effective the guarantees of rights and freedoms and provide remedies against violations thereof. (Whereas clause 7)

Immediate Effect
• This Executive Order shall take effect immediately. (Sec. 2)

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