Title
Supreme Court
Anti-Subversion Act outlawing communists
Law
Republic Act No. 1700
Decision Date
Jun 20, 1957
The Anti-Subversion Act of the Philippines outlaws the Communist Party of the Philippines and similar associations, imposing penalties on members and addressing the threat posed by the party to national security.

Law Summary

Scope and Prohibited Organizations

  • The Act outlaws the Communist Party of the Philippines and any organization with similar objectives.
  • Successor organizations to the CPP are also declared illegal.

Definition of Terms

  • "Communist Party of the Philippines" includes the CPP, its military arm Hukbong Mapagpalaya ng Bayan (formerly Hukbalahaps), and any successors.

Penal Provisions for Membership and Affiliation

  • Knowing, willful membership or affiliation with the CPP or similar subversive organizations is punishable by arresto mayor and permanent disqualification from public office and voting rights.
  • Second conviction results in prision correctional; subsequent convictions attract prision mayor.
  • Alien members shall be deported after serving sentences.
  • Officers or ranking leaders, or members taking up arms against the government, face prision mayor up to death with accessory penalties.
  • Conspiracy to overthrow the government by force, deceit, or subversion carries penalties from prision correctional to prision mayor.

Prosecution Procedures

  • Prosecution requires a finding of a prima facie case by the appropriate fiscal or prosecutor after investigation.
  • Formal charges must be filed in court with certification of a proper preliminary investigation.
  • Accused has rights to notice, counsel, to testify, obtain witnesses, and cross-examine witnesses.
  • Preliminary investigations of crimes punishable by prision mayor to death shall be conducted by the proper Court of First Instance.

Penalty for False Evidence

  • Knowingly furnishing false evidence under this Act is punishable by prision correctional.

Conviction Requirements

  • Conviction of offenses penalized by prision mayor to death requires at least two witnesses to the same overt act or the accused’s confession in open court.

Renunciation of Membership

  • Members may renounce membership within 30 days in writing and under oath before authorized officials.
  • Renunciation exempts from penalties under this Act but not from prior criminal liability.

Protection of Constitutional Rights

  • The Act does not restrict freedoms of thought, assembly, and association for lawful purposes as guaranteed by the Constitution.

Effectivity

  • The Act takes effect upon approval.

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