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Presidential Decree No. 1989

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PRESIDENTIAL DECREES





PRESIDENTIAL DECREE NO. 1989

PRESIDENTIAL DECREE NO. 1989 - FURTHER AMENDING PRESIDENTIAL DECREE NO. 1877, AS AMENDED BY PRESIDENTIAL DECREE NO. 1877-A


WHEREAS, by virtue of Proclamation No. 2456, 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 all cases involving the crimes of insurrection, rebellion, subversion, conspiracy or proposal to commit such crimes, inciting to insurrection or rebellion, sedition, conspiracy to commit sedition, inciting to sedition, illegal assemblies, illegal associations, direct assaults, resistance and disobedience to a person in authority or the agents of such person, tumults and other disturbances of public orders, unlawful use of means of publication and unlawful utterances, destructive arson, crimes involving destruction, unlawful picketing, unlawful strike, and economic sabotage, and for all other crimes or offenses committed by them in furtherance or on the occasion thereof, or incident thereto, or in connection therewith, or with respect to any person whose arrest 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, as amended by Presidential Decree No. 1877-A, effectuates and implements Proclamation No. 2045, as amended by Proclamation No. 2045-A;

WHEREAS, it thus becomes necessary to further amend Presidential Decree No. 1877, as amended by Presidential Decree No. 1877-A, in view of the amendment introduced by Proclamation No. 2456.

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, as amended by Presidential Decree No. 1877-A, is hereby further amended to read as follows:

"Section 1. All cases involving the crimes of insurrection, rebellion, subversion, conspiracy or proposal to commit such crimes, inciting to insurrection or rebellion, sedition, conspiracy to commit sedition, inciting to sedition, illegal assemblies, illegal associations, direct assaults, resistance and disobedience to a person in authority or the agents of such person, alarms and scandals, tumults and other disturbances of public orders, unlawful use of means of publication and unlawful utterances, destructive arson, crimes involving destruction, unlawful picketing, unlawful strike, economic sabotage, and all other crimes and offenses committed by them in furtherance or on the occasion thereof, or incident thereto, or in connection therewith, 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. 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. 3. This Decree shall take effect after fifteen (15) days following its publication in the Official Gazette.

DONE in the City of Manila, Philippines, this 5th day of October, in the year of Our Lord, nineteen hundred and eighty-five.

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