WHEREAS,
the continued existence and activities of the Communist Party of the Philippines
constitutes a clear, present and grave danger to the security of the Philippines;
and
WHEREAS,
in the face of the organized, systematic and persistent subversion, national
in scope but international in direction, posed by the Communist Party of
the Philippines and its activities, there is urgent need for special legislation
to cope with this continuing menace to the freedom and security of the
country: Now, therefore,
Section
1.This Act shall be known as "Anti-Subversion
Act."
Sec.
2. The Congress hereby
declares the Communist Party of the Philippines to be an organized conspiracy
to overthrow the Government of the Republic of the Philippines for the
purpose of establishing in the Philippines a totalitarian regime and place
the Government under the control and domination of an alien power. The
said party and any other organization having the same purpose and their
successors are hereby declared illegal and outlawed.
Sec.
3. As used in this Act,
the term "Communist Party of the Philippines" shall mean and include the
organizations now known as the Communist Party of the Philippines and its
military arm, the Hukbong Mapagpalaya ng Bayan, formerly known as HUKBALAHAPS,
and any successors of such organizations.
Sec.
4. After the approval of
this Act, whoever knowingly, willfully and by overt acts affiliates himself
with, becomes or remains a member of the Communist Party of the Philippines
and/or its successor or of any subversive association as defined in section
two hereof shall be punished by the penalty of arresto mayor and shall
be disqualified permanently from holding any public office, appointive
and elective, and from exercising the right to vote; in case of a second
conviction, the principal penalty shall be prision correccional, and in
all subsequent convictions the penalty of prision mayor shall be
imposed; and any alien convicted under this Act shall be deported immediately
after he shall have served the sentence imposed upon him: Provided, That
if such member is an officer or a ranking leader of the Communist Party
of the Philippines or of any subversive association as defined in section
two hereof, or if such member takes up arms against the Government, he
shall be punished by prision mayor to death with all the accessory penalties
provided therefor in the Revised Penal Code: And provided, finally, That
one who conspires with any other person to overthrow the Government of
the Republic of the Philippines or the government of any of its political
subdivisions by force, violence, deceit, subversion or other illegal means,
for the purpose of placing such Government or political subdivision under
the control and domination of any alien power, shall be punished by prision
correccional to prision mayor with all the accessory penalties provided
therefor in the same Code.
Sec.
5. No prosecution under
this Act shall be made unless the city or provincial fiscal, or any special
attorney or prosecutor duly designated by the Secretary of Justice, as
the case may be, finds after due investigation of the facts that a prima
facie case for violation of this Act exists against the accused, and thereafter
presents an information in court against the said accused in due form,
and certifies under oath that he has conducted a proper preliminary investigation
thereof, with notice, whenever it is possible to give the same, to the
party concerned, who shall have the right to be represented by counsel,
to testify, to have compulsory process for obtaining witnesses in his favor,
and to cross-examine witnesses against him: Provided, That the preliminary
investigation of any offense defined and penalized herein by prision mayor
to death shall be conducted by the proper Court of First Instance.
Sec.
6. Any person who knowingly
furnishes false evidence in any action brought under this Act shall be
punished byprision correccional.
Sec.
7. No person shall be convicted
of any of the offenses penalized herein with prision mayor to death unless
on the testimony of at least two witnesses to the same overt act or on
confession of the accused in open court.
Sec.
8. Within thirty days after
the approval of this Act, any person who is a member of the Communist Party
of the Philippines or of any such association or conspiracy, who desires
to renounce such membership, may do so in writing and under oath before
a municipal or city mayor, a provincial governor, or a person authorized
by law to administer oaths. Such renunciation shall exempt such person
or persons from the penal sanction of this Act, but the same shall in no
way exempt him from liability for criminal acts or for any violation of
the existing laws of the Republic of the Philippines committed before this
Act takes effect.
Sec.
9. Nothing in this Act
shall be interpreted as a restriction to freedom of thought, of assembly
and of association for purposes not contrary to law as guaranteed by the
Constitution.
Sec.
10. This Act shall take
effect upon its approval.
Approved: June 20, 1957
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