May 5, 1987 EXECUTIVE ORDER NO. 167
REPEALING PRESIDENTIAL DECREES NOS. 1835 AND 1975,
AND REVIVING REPUBLIC ACT NO. 1700 ENTITLED
"AN ACT TO OUTLAW THE COMMUNIST PARTY OF THE PHILIPPINES
AND SIMILAR ASSOCIATIONS, PENALIZING MEMBERSHIP THEREIN AND FOR
OTHER PURPOSES"
WHEREAS, the former Congress of the Philippines enacted Republic
Act No. 1700 entitled "An Act to Outlaw the Communist Party
of the Philippines and Similar Associations, Penalizing Membership
Therein and for Other Purposes";
WHEREAS, said Republic Act was superseded by Presidential Decree
No. 885, entitled "Outlawing Subversive Organization, Penalizing
Membership Therein and For Other Purposes," and in turn Presidential
Decree 885 was amended by Presidential Decree No. 1736;
WHEREAS, Presidential Decree No. 885, as amended by Presidential
Decree No. 1736, was likewise superseded by Presidential Decree
No. 1835, entitled, "Codifying The Various Laws on Anti-Subversion
and Increasing the Penalties for Membership in Subversive Organization,"
which in turn was amended by Presidential Decree No. 1975;
WHEREAS, the above-mentioned Decrees unduly restricts the constitutional
right to form associations;
WHEREAS, there is therefore a need to repeal Presidential Decrees
Nos. 1835 and 1875;
WHEREAS, the Supreme Court in the case of People vs. Ferrer,
(8 SCRA 382) has, however, found the Communist Party of the Philippines
to be an illegal association working for the overthrow of the
Philippine Government by armed struggle and establish a communist
form of government;
WHEREAS, the repeal of the above-mentioned Decrees would leave
a vacuum in the sense that membership in subversive organizations
like the Communist Party of the Philippines would no longer be
punishable, thereby posing a grave danger to the stability and
existence of the Government; and
WHEREAS, considering the foregoing premises, it is likewise imperative
to revive Republic Act No. 1700.
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines,
by virtue of the powers vested in me by law, do hereby order:
SECTION 1. Presidential Decrees Nos. 1835 and 1975 are hereby
repealed.
SECTION 2. All laws inconsistent herewith and all presidential
issuances, orders, rules and regulations implementing Presidential
Decrees Nos. 1835 and 1975 are hereby likewise repealed or modified
accordingly.
SECTION 3. Republic Act No. 1700, entitled "An Act to Outlaw
the Communist Party of the Philippines and Similar Associations,
Penalizing Membership Therein and for Other Purposes" is
hereby revived.
SECTION 4. This Executive Order shall take effect immediately.
Done in the City of Manila, this 5th day of May, in the year
of Our Lord, nineteen hundred and eighty-seven.