PRESIDENTIAL DECREE No. 1877-A, July 23, 1983

AMENDING PRESIDENTIAL DECREE NO. 1877

Presidential Decrees July 23, 1983



WHEREAS, by virtue of Proclamation No. 2045, as amended by
Proclamation No. 2045-A, the privilege of the Writ of Habeas Corpus remains
suspended in the two autonomous regions of Mindanao and in all other places with
respect to —

“persons at present detained as well as others who may hereafter be similarly
detained for the crimes of insurrection or rebellion, subversion, conspiracy or
proposal to commit such crimes, sedition, conspiracy to commit sedition,
inciting to sedition, and for all other crimes and offenses committed by them in
furtherance or on the occasion thereof, or incident thereto, or in connection
therewith, such as but not limited to offenses involving economic sabotage,
illegal assemblies, illegal associations, tumults and other disturbances of
public orders, unlawful use of means of publication and unlawful utterances, and
alarms and scandals, or with respect to any person whose arrest m or detention
is, in the judgment of the President, required by public safety as a means to
repel or quell the existing rebellion in the country.”

WHEREAS, Presidential Decree No. 1877 effectuates and
implements Proclamation No. 2045;

WHEREAS, it thus becomes necessary to amend Presidential
Decree No. 1877 in view of the amendment introduced by Proclamation No.
2045-A;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of ¦the
Philippines, by virtue of the powers vested in me by the Constitution, do hereby
decree:

SECTION 1. Section 1 of Presidential Decree No. 1877 is
hereby amended to read as follows:

SECTION 1. All cases involving the crimes of insurrection,
rebellion, subversion, conspiracy or proposal to commit such crimes, sedition,
conspiracy to commit sedition, inciting to sedition, and all other crimes or
offenses committed in furtherance thereof, or on the occasion thereof, or
incident thereto, or in connection therewith, such us but not limited to
offenses involving economic sabotage, illegal assemblies, illegal associations,
tumults and other disturbances of public orders, unlawful use of means of
publication unlawful utterances, and alarms and scandals, shall be referred to
the Provincial or City Fiscal, or to the proper Court for preliminary
examination or investigation in accordance with existing laws.”

SEC. 2. There shall be a new paragraph incorporated in
Section 2 of Presidential Decree No. 1877 which shall read as follows:

SEC. 2. * * * * * * * * *

“The President may also issue a preventive detention action against any
person or persons whose arrest and detention is, in his judgment, required by
public safety as a means to repel or quell the existing rebellion in the
country.”

SEC. 3. Section 3 of Presidential Decree No. 1877 is hereby
amended to read as follows:

SEC. 3. When issued, the preventive detention action shall
constitute authority to arrest the subject person or persons, and to
preventively detain him or them for a period not exceeding one year; to
restrain/ prevent the further commission/performance of the crime(s) or offense
(s) complained of or act(s) in furtherance or on the occasion thereof, related
or incident thereto, or in connection therewith, by such person or persons; to
search the said person or persons and/or his or their premises, residence,
office, temporary abode or place of business or operations as described by the
military commander or the head ; of law enforcement agency; and to sequester,
distrain, confiscate or destroy all arms, equipment or property used or to be
used in the commission of the crime or crimes mentioned in Section 1
hereof.”

SEC. 4. All laws, decrees, letters of instructions,
executive or administrative orders, rules and regulations inconsistent with this
Decree are hereby repealed, amended or modified accordingly.

SEC. 5. This Decree shall take effect after fifteen (15)
days following its publication in the Official Gazette.

Done in the City of Manila, Philippines, this 23rd day of July in the year of
Our Lord, nineteen hundred and eighty-three.

 

(Sgd.) FERDINAND E. MARCOS
President

Republic of the Philippines

   

 

By the President:  
 
(Sgd.) JUAN C. TUVERA  
  Presidential Executive
Assistant