Presidential/Prime Ministerial Powers in Emergencies
- The President or Prime Minister may issue necessary orders when a grave emergency or its imminence exists.
- Powers include preventive detention, banning certain uniforms and emblems, restricting movements and activities of persons or entities deemed threats to national security or public order.
- May order closure of subversive publications and regulate mass media.
- Can ban or regulate entertainment or exhibitions harmful to national interest.
- Controls admission to educational institutions if their operations threaten national security.
- Authorizes measures to protect economic system viability.
Penalties for Violation
- Violation of orders issued under this decree, except where higher penalties apply under other laws, shall be punished by imprisonment from 30 days to 1 year.
- The Minister of National Defense may be authorized to issue search warrants for seizure of documents or properties involved in offenses under this decree.
Immunity of Government Officials
- The incumbent President or Prime Minister, Cabinet members, or public officers acting pursuant to this decree are immune from civil, criminal, or other liabilities for acts or orders performed in office under this law.
Effectivity
- The law takes effect immediately upon its promulgation.
Underlying Legal Concepts
- Balances emergency powers with protection of individual rights.
- Provides for extraordinary executive powers during national or global stress and crises.
- Recognizes the legitimacy and necessity of government action to maintain order against anarchic or subversive threats.
- Immunity clause ensures that officials are not deterred from acting decisively in emergencies due to fear of legal repercussions.