Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1835)
The official title is the Anti-Subversion Law of 1981.
The Communist Party of the Philippines, its military arm the New People’s Army, their successors, and any other organization, association, political party, or group organized to overthrow the government or remove allegiance to it through illegal means are declared subversive organizations.
Membership includes knowingly affiliating with, becoming, or remaining a member of a subversive organization by overt acts, whether within or outside the Philippines.
The penalty is reclusion temporal, forfeiture of citizenship rights, permanent disqualification from public office and voting, and confiscation of property for the first conviction. The second conviction imposes reclusion perpetua; subsequent convictions = reclusion perpetua to death. Officers or leaders, or those who take up arms, face reclusion perpetua to death plus accessory penalties. Foreigners are deported after serving sentence.
Conspiracy with others to overthrow the government or place it under foreign control or to secede by force, violence, terrorism, arson, assassination, deceit, or other illegal means is punishable by reclusion temporal plus accessory penalties.
After an accused is arraigned and duly notified, trial may proceed despite absence, and judgment and property confiscation may be done in absentia if the failure to appear is unjustified.
Acts such as being listed as a member, submitting to discipline, giving financial contributions, executing orders, acting as an agent, conferring with members, transmitting plans, preparing propaganda, distributing materials, advising members, or participating in planning constitute prima facie evidence.
They shall be punished by prision correccional.
The Secretary of National Defense, through rules and regulations, is authorized to order sequestration which includes seizure and management of properties to prevent their use against national security or to protect government interests.
No, except as provided in Section 11, the two-witness rule is abrogated; conviction can be based on the testimony of one witness if sufficient or on confession in open court.
No, Section 10 states nothing in the decree shall be interpreted to restrict these freedoms when exercised for lawful purposes as guaranteed by the Philippine Constitution.
It took effect thirty (30) days after its release by the Office of the President on January 16, 1981.