Duterte Youth solon seeks revival of anti-subversion law

Duterte Youth party-list Representative Ducielle Cardema is seeking the revival of the Anti-Subversion Act as she filed a measure proposing to outlaw the Communist Party of the Philippines (CPP), the New People's Army (NPA), as well as the National Democratic Front of the Philippines (NDFP).

Cardema's proposal is contained in House Bill 8231, which she called the proposed "Anti-CPP-NPA-NDF Act of 2021".

The measure likewise outlaws all other organizations that support the CPP, NPA, and NDF in their recruitment, operations, financial transactions, among others.

According to Cardema, the repeal of the Anti-Subversion Law in 1992 through RA 7636 was a "mistake" as it allowed the "terrorist activities" of CPP and NPA to continue, and they supposedly used the NDF and other civilian organizations as fronts in recruiting for, operating, and financing their terrorist activities.

She maintained that outlawing the CPP-NPA-NDF will result in the "stability of the government, the security of the Republic, and a better future for the millions of peace-loving Filipinos."

"Si Vis Pacem, Para Bellum. If you want peace, prepare for war. If we want peace in this country, we must finally destroy the entire capability of the CPP-NPA-NDF to wage war in all their fronts, against our government and our people," Cardema said.

"With this new and improved anti-subversion law, our proposed Anti-CPP-NPA-NDF Act of 2021 will not only destroy their ability to wage war, but will also give them a second chance to join our peace-loving society in this modern era," she added.

The measure enumerates several acts which constitute "prima facie evidence" of membership in the CPP-NPA-NDF and in other organizations supporting them.

These include allowing oneself to be listed as a member of these groups in any list, record, or document, subjecting to their discipline, giving financial contribution, executing orders or plans, acting as agent or messenger, preparing documents or publications promoting the groups' objectives, participating in their activities, among others.

However, no prosecution will be made unless a prosecutor finds a prima facie case for violation of the proposed law exists against the accused.

The measure also includes a "balik loob" provision which exempts any member of the CPP-NPA-NDF from the penal sanctions of the proposed law if he or she renounces, in writing and under oath, membership from the groups within 30 days from the enactment of the measure and the promulgation of its implementing rules and regulations.

Any member who renounces membership from these groups and who functions as state witness of the government will also be placed under the witness protection program and be given state pension or honorarium. 

Apart from this bill, Cardema also earlier filed a resolution calling for a House probe into the alleged recruitment of the youth into the NPA, as well as vandalism by youth organizations and other progressive groups supposedly to promote the communist rebels. 

The NPA is already outlawed in the country.

President Rodrigo Duterte threatened to declare martial law in April this year to eradicate the outlawed NPA.

In August 2019, Interior Secretary Eduardo Ano said the government should consider restoring the Anti-Subversion Law in view of 500 to 1,000 youths allegedly being "indoctrinated" by communist rebels on a yearly basis.

Año has said it is "unfortunate" that the Anti-Subversion Act was repealed and that leftist organizations—accused by the government of recruiting students—"should be banned for being subversive and illegal."

Enacted in June 1957 during the presidency of Carlos P. Garcia, the Anti-Subversion Act was repealed through RA 7636 in 1992.

Justice Secretary Menardo Guevarra said then he believes amending and strengthening the Human Security Act will suffice.

Bayan Muna party-list Representatives Carlos Zarate and Eufemia Cullamat slammed Año's proposal and said it was "a throwback to Marcosian dictatorship." —KG, GMA News