Classification of the Communist Party of the Philippines and Subversive Organizations
- The CPP and its successors are declared organized conspiracies for overthrowing the government or removing national allegiance.
- Any group with similar aims, supported covertly or overtly by foreign powers, is classified as subversive.
Definition of the Communist Party of the Philippines
- The term CPP includes the Communist Party of the Philippines, the New People's Army, and groups allied in objectives.
Penalties for Membership in Subversive Organizations
- Knowing membership or affiliation results in reclusion temporal plus forfeiture of citizenship rights and confiscation of property upon repeated conviction.
- Second conviction leads to reclusion perpetua; subsequent convictions may impose death.
- Officers or ranking leaders and those who take up arms receive harsher penalties, including reclusion perpetua to death.
- Aliens convicted are deported after serving sentences.
- Conspirators aiming to overthrow the government may also be penalized with reclusion temporal.
Trial Procedures and Judgment in Absentia
- Trials for subversion may proceed without the accused if properly notified.
- Judgment may be rendered and property confiscated even in the accused's absence.
Prima Facie Evidence of Membership
- Acts constituting prima facie evidence include:
- Being listed as a member in organizational documents.
- Submission to organizational discipline.
- Financial contributions or executing orders.
- Acting as agent or messenger.
- Conferencing in furtherance of plans.
- Transmitting orders or plans.
- Preparing or distributing propaganda.
- Giving instructions to further organizational objectives.
- Participating in activities or planning.
Punishment for Furnishing False Evidence
- Knowingly providing false evidence in related cases is punishable by prision correccional.
Sequestration of Property
- Seizure of property from persons or entities engaged in subversive activities is authorized.
- Sequestration includes taking over management and control to prevent use against national security.
- Rules for implementation provided by the Secretary of National Defense.
Abrogation of the Two-Witness Rule
- The traditional two-witness rule is abrogated except as specified.
- A conviction can be based on one witness if sufficient or a confession in open court.
Protection of Constitutional Rights
- The law does not restrict freedoms of thought, assembly, and association for lawful purposes as guaranteed by the Constitution.
Repealing Clause and Transitional Provisions
- Inconsistent laws, decrees, or orders are repealed except for acts committed before this Decree's effectivity, which shall be prosecuted under former laws.
Effectivity
- The Decree takes effect 30 days after publication.