Repeal PDs; Revive RA 1700 outlawing CPP

The Executive Order identifies Republic Act No. 1700 as the earlier statute to be revived.
Section 1 repeals Presidential Decrees Nos. 1835 and 1975.
Section 2 repeals or modifies all laws and presidential issuances, orders, rules, and regulations implementing Presidential Decrees Nos. 1835 and 1975 to the extent of inconsistency.
The Executive Order acknowledges a legal lineage that included Presidential Decree No. 885 (as amended by Presidential Decree No. 1736) before Presidential Decree No. 1835 and Presidential Decree No. 1975.

The Executive Order declares that Presidential Decrees Nos. 1835 and 1975 unduly restrict the constitutional right to form associations.
The Executive Order states that repealing the cited Decrees would otherwise create a “vacuum” by making membership in subversive organizations like the Communist Party of the Philippines no longer punishable.
The Executive Order states that it is imperative to revive Republic Act No. 1700 to avoid that danger to governmental stability and existence.
The Executive Order recognizes the Supreme Court ruling in People vs. Ferrer (8 SCRA 382) that the Communist Party of the Philippines is an illegal association working for the overthrow of the Philippine Government by armed struggle.

Section 3 revives Republic Act No. 1700, titled “An Act to Outlaw the Communist Party of the Philippines and Similar Associations, Penalizing Membership Therein and for Other Purposes.”
The revival operates as the reinstatement of the legal regime outlawing the Communist Party of the Philippines and similar associations and penalizing membership therein, under the framework of Republic Act No. 1700.
The Executive Order’s revival directive is intended to prevent a legal gap in punishability of membership in subversive organizations.

Section 1 repeals Presidential Decrees Nos. 1835 and 1975 in their entirety.
Section 2 repeals or modifies all inconsistent implementing laws and presidential issuances, including orders, rules, and regulations implementing Presidential Decrees Nos. 1835 and 1975.
The Executive Order’s repeal and modification effects are tied to inconsistency with the Executive Order.
Section 4 ensures the repeal and revival take effect immediately.

Section 4 provides immediate effect, so the repeals under Section 1 and the revival under Section 3 become operative without delay.
The Executive Order is fully effectuated upon its immediate taking effect, consistent with Section 4.