Repealing Presidential Decrees Nos. 1835 and 1975, and Reviving Republic Act No. 1700 Entitled "An Act To Outlaw the Communist Party of the Philippines and Similar Associations, Penalizing Membership Therein and For Other Purposes"

EXECUTIVE ORDER NO. 167 May 5, 1987

REPEALING PRESIDENTIAL DECREES NOS. 1835 AND 1975, AND REVIVING REPUBLIC ACT NO. 1700 ENTITLED "AN ACT TO OUTLAW THE COMMUNIST PARTY OF THE PHILIPPINES AND SIMILAR ASSOCIATIONS, PENALIZING MEMBERSHIP THEREIN AND FOR OTHER PURPOSES"

WHEREAS, the former Congress of the Philippines enacted Republic Act No. 1700 entitled "An Act to Outlaw the Communist Party of the Philippines and Similar Associations, Penalizing Membership Therein and for Other Purposes";

WHEREAS, said Republic Act was superseded by Presidential Decree No. 885, entitled "Outlawing Subversive Organization, Penalizing Membership Therein and For Other Purposes," and in turn Presidential Decree 885 was amended by Presidential Decree No. 1736;

WHEREAS, Presidential Decree No. 885, as amended by Presidential Decree No. 1736, was likewise superseded by Presidential Decree No. 1835, entitled, "Codifying The Various Laws on Anti-Subversion and Increasing the Penalties for Membership in Subversive Organization," which in turn was amended by Presidential Decree No. 1975;

WHEREAS, the above-mentioned Decrees unduly restricts the constitutional right to form associations;

WHEREAS, there is therefore a...

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Repealing Presidential Decrees and Reviving Republic Act No. 1700

- Repeals Presidential Decrees Nos. 1835 and 1975 (Sec. 1)
- Repeals all laws, presidential issuances, orders, rules and regulations implementing the repealed Presidential Decrees (Sec. 2)
- Revives Republic Act No. 1700 entitled "An Act to Outlaw the Communist Party of the Philippines and Similar Associations, Penalizing Membership Therein and for Other Purposes" (Sec. 3)
- The Supreme Court in the case of People vs. Ferrer found the Communist Party of the Philippines to be an illegal association working for the overthrow of the Philippine Government by armed struggle and establish a communist form of government (Whereas clause)
- The repealed Decrees unduly restricted the constitutional right to form associations (Whereas clause)
- Repealing the Decrees would leave a vacuum where membership in subversive organizations like the Communist Party of the Philippines would no longer be punishable, posing a grave danger to the stability and existence of the Government (Whereas clause)
- The Executive Order takes effect immediately (Sec. 4)