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.