QuestionsQuestions (PRESIDENTIAL DECREE No. 1736)
Presidential Decree No. 1736 amends Presidential Decree No. 885 (the Revised Anti-Subversion Law) by redefining the scope of what constitutes “subversive” associations, particularly to include organizations supported by foreign sources, whether public or private.
It expands the coverage from support “of a foreign power” to include “open or covert support from a foreign source” that may come from any foreign public or private source.
Any association, organization, political party, or group of persons organized for the prohibited purposes described in the law.
(1) overthrowing the Government of the Republic of the Philippines; or (2) removing from the allegiance to the government of its laws or the territory of the Philippines (or any part thereof).
It is an essential element: the organization must be supported (openly or covertly) by a foreign power, or supported (openly or covertly) from a foreign source.
The amended text covers assistance/support from either (a) a foreign power, or (b) a foreign source. The latter is broader because the law expressly includes foreign private sources as well as public ones.
No. PD 1736 explicitly contemplates foreign private sources, meaning the supporter may be public or private.
The support may be directed to any association, group, or person—whether public or private.
The law lists force, violence, terrorism, arson, assassination, deceit, or other illegal means. They help establish the unlawful methods connected to the organization’s purpose and acts.
Generally: (1) the organization is organized for the stated prohibited purposes (overthrow or removal of allegiance); and (2) it has open/covert assistance or support connected to a foreign power or foreign source; and (3) the unlawful means (e.g., force/violence/terrorism, etc.) are implicated as part of the law’s description.
Section 2 of PD 885 (the Revised Anti-Subversive Law) is amended.
“This Act shall take effect immediately.”
The decree states it is issued “by virtue of the powers in me vested by the Constitution.”
Yes. The amended Sec. 2 expressly covers “open or covert support from a foreign source” and clarifies that foreign sources can be private.