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- It emphasizes that martial law has already been lifted and the National Security Code has already been repealed.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.