Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 885)
The short title of Presidential Decree No. 885 is The Revised Anti-Subversion Law.
A subversive association or organization is any association, organization, political party, or group of persons organized for the purpose of overthrowing the Government of the Republic of the Philippines with the open or covert assistance and support of a foreign power by force, violence, deceit or other illegal means.
The penalty for such a person is arresto mayor and permanent disqualification from holding public office and from voting. A second conviction results in prision correccional, and subsequent convictions carry the penalty of prision mayor.
Prima facie evidence includes being listed as a member in any document of the organization, subjecting oneself to its discipline, giving financial contributions, executing orders, acting as agent or messenger, conferring with members, transmitting orders, preparing propaganda, mailing or distributing materials, advising or counseling to further objectives, and participating in activities or planning.
Officers or ranking leaders who are members of such organizations or who take up arms against the government shall be punished by prision mayor to death, with accessory penalties as provided by the Revised Penal Code.
Any alien convicted under the decree shall be deported immediately after serving the sentence imposed.
Such a person shall be punished by prision correccional.
No, the two-witness rule under Republic Act No. 1700 is abrogated. An accused may be convicted on the testimony of one witness if sufficient, or on a confession given in open court.
No, the decree explicitly states that it shall not be interpreted as a restriction on freedom of thought, assembly, and association for lawful purposes as guaranteed by the Constitution.
The Secretary of National Defense is authorized to issue rules and regulations to sequester property of persons engaged in subversive activities to prevent its use against national security or government interests, including taking over management and control of such property.