Title
Repeal of PD No. 33 restricting expression
Law
Executive Order No. 29
Decision Date
Jul 16, 1986
President Corazon C. Aquino repeals a law that penalized the printing, possession, distribution, and circulation of certain leaflets, handbills, propaganda materials, and graffiti, which was found to abridge the freedom of expression of the people.

Legal basis, intent, and stated rationale

  • The Executive Order is issued to eliminate lingering doubts about whether Presidential Decree No. 33 remained in force.
  • It recognizes that Presidential Decree No. 33 was issued under martial law and was aimed at curbing alleged “verification” campaigns against political institutions, but it actually abridged freedom of expression.
  • It emphasizes that martial law has already been lifted and the National Security Code has already been repealed.
  • It treats Proclamation No. 3 dated March 25, 1986 as evidence of inconsistency that already makes the decree invalid, and it nonetheless mandates express repeal to remove all doubt.
  • It therefore orders an express repeal to remove all doubts concerning invalidity.

Repeal of Presidential Decree No. 33

  • Section 1 expressly repeals Presidential Decree No. 33, entitled “PENALIZING THE PRINTING, POSSESSION, DISTRIBUTION AND CIRCULATION OF CERTAIN LEAFLETS, HANDBILLS AND PROPAGANDA MATERIALS AND THE INSCRIBING OR DESIGNING OF GRAFFITI.”
  • The repeal is operative upon effectivity immediately under Section 2.

Coverage and legal effects of repeal

  • The repeal covers Presidential Decree No. 33 in its entirety by operation of Section 1.
  • The Executive Order’s operative act is to remove any lingering question about whether Presidential Decree No. 33 remains in force by expressly repealing it.

Effect on freedom of expression

  • The Executive Order identifies Presidential Decree No. 33 as a measure that abridged the freedom of expression.
  • The Executive Order’s express repeal implements the objective of restoring clarity regarding the lawfulness of expression-related restrictions previously imposed under Presidential Decree No. 33.

Transitory and concluding provisions

  • Section 2 states the Executive Order takes effect immediately.
  • The Executive Order is attested by the Executive Secretary, Joker P. Arroyo, by presidential issuance procedures.
  • The Executive Order contains no further provisions beyond the express repeal and immediate effectivity.

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