QuestionsQuestions (PRESIDENTIAL DECREE No. 1737)
PD No. 1737 is titled “Preservation of public order and the protection of individual rights and liberties during periods of emergency and exercise of extraordinary executive powers.” Its purpose is to provide for governmental powers and measures in emergencies to preserve public order and protect individual rights and liberties.
The decree states that even in emergencies, the fundamental policy remains unaltered: individual rights and liberties (including social and economic rights) must be preserved and even enhanced.
Examples include preventive detention; prohibiting the wearing of certain uniforms/emblems; restraining/restricting movement and activities; closure of subversive publications or other media; banning/regulating entertainment or exhibitions detrimental to national interest; controlling admission to educational institutions prejudicial to national security; and authorizing measures to prevent damage to the viability of the economic system.
Violation is punishable by imprisonment for not less than 30 days but not exceeding 1 year, unless the acts are punishable with higher penalties under the Anti-Subversive Act, the Revised Penal Code, or other existing laws.
If the violation constitutes acts that are already punishable with higher penalties under the Anti-Subversive Act, the Revised Penal Code, or other existing laws, then those higher penalties apply instead of the PD 1737 penalty range.
A threat or imminence of a grave emergency is sufficient; Section 2 allows action when such is present in the judgment of the President/Prime Minister.
Imprisonment for not less than 30 days and not more than 1 year.
Incumbent President/Prime Minister, any Cabinet member, or any other public officer shall not be held responsible or liable in any civil, criminal, or other proceeding for any act or order issued or performed while in office pursuant to the decree.
The incumbent President/Prime Minister, any Cabinet member, and any other public officer acting under the decree while in office.
It shall take effect immediately.
Yes. The President/Prime Minister may authorize the Minister of National Defense to issue search warrants for seizure of documents or property subject of the offense, or used or intended to be used as the means of committing the offense under Section 2.
The Minister of National Defense may be authorized to issue search warrants, in accordance with regulations prescribed by the President/Prime Minister.