Amending Proclamation No. 889 Entitled "Suspending the Privilege of the Writ of Habeas Corpus in Certain Cases"

August 30, 1971

PROCLAMATION NO. 889-A

AMENDING PROCLAMATION NO. 889 ENTITLED "SUSPENDING THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS IN CERTAIN CASES"

WHEREAS, on the 21st day of August, 1971, Proclamation No. 889, entitled "SUSPENDING THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS IN CERTAIN CASES" was promulgated; aDHCcE

WHEREAS, it is necessary to clarify the scope of the said Proclamation is order to allay the fears of the public of possible abuses in its implementation;

NOW, THEREFORE, Proclamation No. 889 is hereby amended to read as follows:

"WHEREAS, on the basis of carefully evaluated information, it is definitely established that lawless elements in the country, which are moved by common or similar ideological conviction, design and goal and enjoying the active moral and material support of a foreign power and being guided and directed by a well-trained, determined and ruthless group of men and taking advantage of our constitutional liberties to promote and attain their ends, have entered into a conspiracy and have in fact joined and handed their forces together for the avowed purpose of staging, undertaking, waging and are actually engaged in an armed insurrection and rebellion in order to forcibly seize political power in this country, overthrow the duly constituted government, and supplant our existing political, social, economic and legal order with an entirely new one whose form of government whose system of laws conception of God and religion, whose notion of individual rights and family relations, and whose political, social and economic precepts are based on the Marxist-Leninist-Maoist teachings and beliefs;

"WHEREAS, these lawless elements, acting in concert through front organizations that are seemingly innocent and harmless, have continuously and systematically strengthened and broadened their memberships through sustained and careful recruiting and enlistment of new adherents from among our peasantry, laborers, professionals, intellectuals, students, and mass media personnel, and through such sustained and careful recruitment and enlistment have succeeded in infiltrating almost every segment of our society in their ceaseless determination to erode and weaken the political, social, economic and moral foundations of our existing government and to influence many peasant, labor, professional, intellectual, student and mass media organizations to commit acts of violence and depredations against our duly constituted authorities, against the members of our law enforcement agencies, and worst of all, against the peaceful members of our society;

"WHEREAS, these lawless elements, by their acts of rebellion and insurrection, have created a state of lawlessness and disorder affecting public safety and the security of the State, the latest manifestation of which has been the dastardly attack on the Liberal Party rally in Manila on August 21, 1971, which has resulted in the death and serious injury of scores of persons;

"WHEREAS, public safety requires that immediate and effective action be taken in order to maintain peace and order, secure the safety of the people and preserve the authority of the State; SAHITC

"NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested upon me by Article VII, Section 10, Paragraph (2) of the Constitution, do hereby suspend the privilege of the writ of habeas corpus for the persons presently detained, as well as all others who may be hereafter similarly detained for the crimes of insurrection or rebellion and other overt acts committed by them in furtherance thereof.

"IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed.

DONE in the City of Manila, this 30th day of August, in the year of Our Lord, Nineteen Hundred and Seventy-One.