Legislative purpose and intent
- The decree recognizes law enforcement reports showing criminal elements engaged in subversive acts receiving support not only from foreign governments but also from foreign private sources.
- The decree orders a redefinition of the scope of subversive associations so that organizations supported by any foreign source, public or private are outlawed.
Amended definition of subversive organizations
- Section 1 amends Section 2 of Presidential Decree No. 885 by replacing it with an expanded definition.
- An entity qualifies as a subversive organization if it is an association, organization, political party, or group of persons.
- The entity must be organized for the purpose of overthrowing the Government of the Republic of the Philippines or for the purpose of removing from the allegiance to that government:
- the territory of the Philippines, or
- any part thereof.
- The entity must have support that is characterized by either:
- open or covert assistance or support of a foreign power, or
- open or covert support from a foreign source to any association, group, or person (whether public or private).
- The decree covers support and assistance connected with coercive or unlawful methods, including by force, violence, terrorism, arson, assassination, deceit, or other illegal means.
- The decree declares the qualifying entity to be a subversive organization.
Operative coverage: who and what it targets
- The decree’s definition applies to associations, organizations, political parties, and groups of persons.
- The decree targets organizations organized for purposes involving:
- overthrowing the Government of the Republic of the Philippines; or
- removing allegiance to the government over the territory of the Philippines or any part thereof.
- The decree includes support from foreign power and support from foreign source.
- The decree expressly includes support to or involving persons or groups that are public or private.
- The decree expressly includes subversive conduct characterized by coercive unlawful means, including force, violence, terrorism, arson, assassination, deceit, or other illegal means.
Implementation, procedure, and enforcement mechanics
- Section 1 performs the operative legal change by amending Section 2 of Presidential Decree No. 885.
- Section 2 requires immediate effect of the decree, without a publication or delayed commencement requirement.
- The decree contains no separate filing procedure, administrative process, evidentiary standard, or hearing requirement.
Repeals, separability, and sunset
- The decree contains no separability clause.
- The decree contains no sunset clause.
- The decree contains no express repealing provision beyond its amendment of Section 2 of Presidential Decree No. 885.