Repeal of Martial Law Arrest and Detention Orders

Executive Order No. 59 is anchored on the mandate to prioritize measures that make the guarantees of rights and freedoms of the Filipino people effective.
The order identifies that earlier issuances undermined rights and freedoms and were inconsistent with Proclamation No. 3 dated March 25, 1986.
The order states that repeal is intended to provide remedies against violations of rights and freedoms.

Section 1 repeals Presidential Decree No. 1404, titled “FURTHER AMENDING ARTICLE 125 OF THE REVISED PENAL CODE, AS AMENDED.”
Section 1 repeals Presidential Decree No. 1836, titled “DEFINING THE CONDITIONS UNDER WHICH THE PRESIDENT MAY ISSUE ORDERS OF ARREST OR COMMITMENT ORDERS DURING MARTIAL LAW OR WHEN THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS IS SUSPENDED.”
Section 1 repeals Presidential Decree No. 1877, titled “PROVIDING FOR THE ISSUANCE OF A PREVENTIVE DETENTION ACTION AND FOR OTHER PURPOSES.”
Section 1 repeals Presidential Decree No. 1877, as amended by Presidential Decree No. 1877-A.
Section 1 repeals the rules, regulations and instructions issued to implement the decrees repealed under Section 1.

The repeal under Section 1 covers the decrees that previously: (a) authorized longer periods for the delivery of arrested persons; (b) allowed presidential arrest or commitment orders during martial law or when the privilege of the writ of habeas corpus was suspended; and (c) provided for preventive detention actions for specified persons and conditions.
The repeal applies even to the earlier amendments expanding the preventive detention power under Presidential Decree No. 1877-A.
The repeal operates as a complete statutory undoing of the cited presidential decrees and their implementing rules, regulations, and instructions under Section 1.

Section 2 makes Executive Order No. 59 effective immediately.
The executive secretary affixed the required certification/signature line under “By the President: (Sgd.) JOKER P. ARROYO, Executive Secretary.”