Definition of Organizations Covered Under the Law
- The term "Communist Party of the Philippines" includes:
- The Communist Party of the Philippines (CPP) itself.
- Its military arm, the New People's Army (NPA).
- Its political arm.
- Any successors of these organizations.
Penalties and Prohibitions for Affiliates
- Anyone who knowingly and willfully affiliates with, becomes, or remains a member of the CPP, its successors, or any subversive association is subject to:
- Penalty of arresto mayor (imprisonment).
- Permanent disqualification from holding public office (appointive or elective).
- Permanent loss of the right to vote.
- For a second conviction, the penalty is prision correccional.
- For subsequent convictions, the penalty is prision mayor.
- Aliens convicted under this law shall be deported immediately after serving their sentence.
- If the member is an officer or ranking leader, or takes up arms against the Government, the penalty is prision mayor to reclusion perpetua with accessory penalties.
- Conspiracy to overthrow the Government by illegal means is punishable by prision correccional to prision mayor with accessory penalties.
Repeal of Section 5 of Republic Act No. 1700
- Section 5 of the original law (RA 1700) is repealed, removing any conflicting or obsolete provisions.
Evidentiary Requirements for Conviction
- No person shall be convicted with prision mayor to reclusion perpetua unless:
- There is testimony of at least two witnesses to the same overt act, or
- There is a confession of the accused in open court.
Effectivity
- The Executive Order amending RA 1700 takes effect immediately upon issuance.
Governmental Context and Justification
- The law underscores the necessity of governmental capability to counter elements seeking to destabilize and overthrow the government by illegal means.
- Acknowledges past efforts at reconciliation frustrated by continued insurgent violence and terrorism.
- Emphasizes legal support to the Armed Forces and law enforcement agencies in addressing insurgency and criminality.
- Restores RA 1700 as the governing statute on subversion and adapts it to be practical and effective against communist insurgency and related violent acts.