Repeal PDs; Revive RA 1700 outlawing CPP

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EXECUTIVE ORDER NO. 167: Repeal PDs; Revive RA 1700 outlawing CPP

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Title Supreme Court: Repeal PDs; Revive RA 1700 outlawing CPP

Law: Executive Order No. 167

Decision Date: May 5, 1987

Corazon C. Aquino's Executive Order No. 167 repeals Presidential Decrees Nos. 1835 and 1975, reviving Republic Act No. 1700 to outlaw the Communist Party of the Philippines and penalize membership in subversive organizations, addressing concerns over national security and constitutional rights.

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Superseding History of Anti-Subversion Legislation

Republic Act No. 1700 initially outlawed the Communist Party of the Philippines and similar associations, penalizing membership.
Presidential Decree No. 885 replaced RA 1700, expanding anti-subversion laws.
PD 885 was amended by PD 1736, and later superseded by PD 1835 and PD 1975, the last set of decrees repealed by this order.

Judicial Recognition of the Communist Party as a Threat

The Supreme Court in People vs. Ferrer recognized the Communist Party of the Philippines as an illegal organization.
It established the party's goal to overthrow the Philippine government by armed struggle and to install a communist government.

Necessity to Revive Republic Act No. 1700

Repealing the above decrees without a replacement law would leave a legal vacuum.
Membership in subversive organizations such as the CPP would no longer be penalized, posing risks to government stability.
Hence, RA 1700 is revived to continue penalizing membership in such groups.

Effectivity and Legal Adjustments

All laws, issuances, orders, rules, and regulations inconsistent with this repeal and revival are repealed or modified accordingly.
The Executive Order takes effect immediately upon issuance on May 5, 1987.

Authority and Formalities

The Executive Order is issued by President Corazon C. Aquino under the constitutional powers vested in her.
The Executive Secretary has co-signed the order, formalizing the repeal and revival actions in Manila.

END