Law Summary
Penal Provisions Against Membership
Membership Penalties
- Those who knowingly and voluntarily affiliate with a subversive organization face arresto mayor.
- Permanent disqualification from holding public office and voting rights is imposed.
- Second conviction penalty: prision correccional; subsequent convictions: prision mayor.
Prima Facie Evidence of Membership
- Being listed as member in organization documents.
- Subjecting oneself to organization discipline.
- Giving financial contributions.
- Executing orders or plans of the organization.
- Serving as agent, courier, or organizer.
- Conferring or communicating orders with members/officers.
- Preparing or distributing propaganda materials.
- Advising or participating in organizational activities.
Penalties for Officers or Armed Members
- Officers or ranking leaders, or those who take up arms, face prison mayor up to death penalty with accessory penalties.
Deportation of Alien Offenders
- Foreign nationals convicted under the decree will be deported immediately after serving sentence.
Evidence and Trial Procedures
- Abolishes the "two-witness" rule from previous law.
- Conviction may be based on the testimony of one credible witness or confession in open court.
Protection of Constitutional Rights
- Ensures freedom of thought, assembly, and association for lawful purposes is not restricted.
- Clarifies that lawful associations are free from prosecution under this decree.
Repealing and Transitional Provisions
- Replaces Republic Act No. 1700 but allows prosecution for acts committed under that former law.
- Ongoing cases under the previous act continue unaffected.
Sequestration of Property
- Authorizes government to seize property of persons or entities engaged in subversive activities.
- Sequestration defined to include seizure, management, control, and operation.
- Prevents use or transfer of property inimical to national security.
- Implements through rules issued by Secretary of National Defense.
Effectivity
- The decree takes effect 30 days after publication in the Official Gazette.