A Hard Look at the Anti-red law
In A Hard Look at the Anti-red law, published by Panorama, Perfecto V. Fernandez, professor of
law at UPHI and constitutional lawyer, argued that the Anti-Subversion Act of 1957 (Republic
Act No. 1700), was “politically” fair (as it protected the Republic from totalitarianism, and the
enslavement of its citizens), but problematic from the perspective of the individual, as it
sacrificed political and opinion freedom for the security of the state. The law illegalized the
Partido Komunista ng Pilipinas-1930 and the Hukbalahap, without, as Fernández noted, giving
any mention to the means of the party, identifying communism with violence and preventing it
from legitimately aspiring for political power.
Fernández's opinion that if given the chance communism should be allowed as long as it
accepted the peaceful rules of the democratic game, gave voice to a minority that saw with
concern the political developments caused by the Cold War in the archipelago, as the law
negated political liberty and was contrary to democracy. Fernández suspected that the law had
different ideological reasons than the protection of democracy, as “Surprisingly, some of those
who say this profess an admiration for Franco but this can be excused because Franco was the
appropriate religious views”.
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Fecha
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1960
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Fuente
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A hard look at the anti-red law”, Panorama, October 1960, pp. 40-49