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EXECUTIVE ORDERS
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EXECUTIVE ORDER NO. 59 - REPEALING
PRESIDENTIAL DECREES NOS. 1404, 1836, 1877 AND 1877-A
WHEREAS,
the former President, through Presidential Decree No. 1404, empowered
himself to authorize longer periods for the delivery of persons
arrested for the crimes or offenses enumerated in the said
decree;
WHEREAS, the former President through Presidential Decree No. 1836
empowered himself to issue orders of arrest or commitment orders during
a state of martial law or when the privilege of the writ of habeas
corpus is suspended against persons whose arrest or detention was in
his judgment, required by public safety and as a means to quell
invasion, insurrection or rebellion or imminent danger thereof;
WHEREAS, under the said decree, arrested or detained persons could not
be released until so ordered by the former President or his duly
authorized representative;
WHEREAS, the former President, through Presidential Decree No. 1877,
again empowered himself to issue preventive detention actions against
persons ascertained to be participants in the commission of the crimes
enumerated therein for the periods and under the conditions therein
mentioned;
WHEREAS, under Presidential Decree No. 1877-A, the former President
likewise authorized himself to issue preventive detention actions
against persons who committed the crimes enumerated therein, in
addition to those already mentioned in Presidential Decree No. 1877,
and against those whose arrest and detention was, in his judgment,
required by public safety as a means to repel or quell the alleged
rebellion in the country;
WHEREAS, not only were the National Security Code which incorporated
Presidential Decree No. 1404, and Proclamation Nos. 2045 and 2045-A on
which Presidential Decrees Nos. 1877 and 1877-A were based, repealed,
but the authorization of longer periods for the delivery of detained
persons under Presidential Decree No. 1404, the presidential order of
arrest or commitment order under Presidential Decree No. 1836 and the
preventive detention action under Presidential Decree No. 1877, as
amended by Presidential Decree No. 1877-A, also undermine the rights
and freedoms of the Filipino people and are therefore patently
inconsistent with Proclamation No. 3 dated March 25, 1986;
WHEREAS, the incumbent President is mandated to give priority to
measures to achieve the mandate of the people to make effective the
guarantees of the rights and freedoms of the Filipino people, and
provide remedies against violations thereof;
NOW, THEREFORE, I CORAZON C. AQUINO, President of the Philippines, do
hereby order:
Section 1.
Sec. 2.
Done in the City of Manila,
this 7th day of November, in the year of Our Lord, nineteen hundred and
eighty-six.
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