Title
Amendment To Anti-Subversion Law On Foreign Support
Law
Presidential Decree No. 1736
Decision Date
Sep 12, 1980
Ferdinand E. Marcos amends the Revised Anti-Subversive Law to broaden the definition of subversive organizations, criminalizing any group receiving foreign support aimed at overthrowing the Philippine government through illegal means.

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.

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