Metro Manila (CNN Philippines, August 14) — Interior Secretary Eduardo Año said an anti-subversion law will finally quell the long-standing armed insurgency by the Communist Party of the Philippines (CPP).
In a statement released by the Department of the Interior and Local Government (DILG) on Wednesday, Año said more must be done to stop the armed communist movement.
“Our present laws, the Revised Penal Code, and special penal laws only penalize the individual acts of communist terrorist groups while the revival of the Anti-Subversion Law would declare illegal the mere recruitment or membership to these illegal organizations. The Human Security Act is also deficient,” the statement quoted Año as saying. There are efforts to amend the Human Security Act.
The 62-year Anti-Subversion Law or Republic Act 1700, was repealed in 1992 as then President Fidel Ramos tried to talk peace with the communist rebels. The previous law declared the CPP illegal, along with any other organizations that seek to overthrow the government. It states that anyone who “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 shall be punished” by up to six months in jail. Those found guilty will also be permanently barred from public office and stripped of their right to vote.
But Senator Panfilo “Ping” Lacson, a former Philippine National Police (PNP) chief, said criminalizing subversion “encroaches on the fundamental right to peaceful assembly, to protest.” He said he would not support moves to reinstate the law.
Justice Secretary Menardo Guevarra also said “mere membership in the CPP” should not be considered a crime, “unless overt criminal acts are committed.” He pushes for amendments to the Human Security Act instead, including the removal of the ₱500,000 fine on law enforcers who wrongfully detain suspected terrorists.
Año on Wednesday said his proposal only covers the CPP, its armed wing New People’s Army, the National Democratic Front of the Philippines, which represents communist rebels in talks with the government, and all groups “directly supporting” the communist movement.
“We are ready to work with Congress to craft such a legislation that responds to the needs of the times and places the necessary safeguards to ensure our Constitutionally-guaranteed freedoms of association and free speech,” he said.
Meanwhile, CPP founding chairman Jose Maria Sison warned that rights violations arising from the possible restoration of the subversion law would only “incite the broad masses of the people to rise up” and would not put an end to the communist movement.
“It must be recalled that the Anti-Subversion Law has long been discredited as an unjust and anti-democratic law by which anyone can be subjected to punishment on the basis of guilt by association, without the need to present evidence for the personal culpability of the accused for any crime,” he said in a statement.
The PNP supports Año’s call to outlaw subversion, but also shares Malacañang’s stand that this requires further study.
“We support the good secretary kung talagang ia-ano yan (if he really pushes for that). But then again, that needs several studies pa, yung anti-subversion law kung talagang it will be more productive or become harmful,” PNP chief Gen. Oscar Albayalde said Tuesday.
The Duterte government is the sixth administration to try to end the communist insurgency. President Rodrigo Duterte walked away from peace negotiations with the rebels in 2017 as both sides accused each other of ceasefire violations. The government’s move seeking to tag communist rebels as terrorists is still pending before a local court.
READ: How peace talks with communist rebels failed
