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PRESIDENTIAL DECREE NO. 1082
PRESIDENTIAL DECREE NO. 1082 -
PROCLAIMING AMNESTY IN CERTAIN AREAS OF THE PHILIPPINES
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WHEREAS,
efforts of the Government to accelerate the restoration of peace and
order throughout the country have yielded positive results,
particularly the cessation of hostilities and other armed
confrontations and encounters between Government Forces, on the one
hand, and some elements of anti-government groups or organizations,
specially those who call or refer to themselves as leaders, members,
supporters or symphatizers of the Moro National Liberation Front or
MNLF and its armed contingent, the Bangsa Moro Army or BMA, on the
other hand, in some areas in Mindanao and Palawan; chanroblesvirtualawlibrary
WHEREAS, in order to attain the objectives of such peace-making
efforts, it is the policy of the Government to provide the opportunity
for the leaders, members, supporters and symphatizers of the said
groups and organizations who might have committed crimes or violations
of laws in the furtherance of their resistance to the duly constituted
authorities of the Republic of the Philippines to return to the folds
of the law and become loyal, law-abiding and useful citizens of the
Republic;chanroblesvirtualawlibrary
WHEREAS, to achieve such a desirable result, without further bloodshed,
loss of lives, and waste of time, effort and other valuable resources,
it is deemed necessary, just and wise for the Government to forgive and
forego the prosecution of said persons for the commission of the crimes
herein mentioned;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers in me vested by the
Constitution, do hereby order and decree, as part of the laws of the
land, the following: chanroblesvirtualawlibrary
Section 1. Proclamation of Amnesty. — Subject to the
provisions of Sections 2 and 3 hereof, an amnesty is hereby decreed and
proclaimed in the province of Tawi- Tawi, Sulu, Basilan, Zamboanga del
Sur, Zamboanga del Norte, Davao del Sur, South Cotabato, North
Cotabato, Sultan Kudarat, Maguindanao, Lanao del Sur, Lanao del Norte
and Palawan; and in the cities of Basilan, Zamboanga, Dapitan, Dipolog,
Pagadian, Davao, General Santos, Cotabato, Iligan, Marawi and Puerto
Princesa, in favor of all the leaders, members, supporters, and
symphatizers of the Moro National Liberation Front and the Bangsa Moro
Army and other anti-government groups with similar motivations andms,
who, prior to the effectivity of this Decree, have committed any act
penalized by existing laws in the furtherance of their resistance to
the duly constituted authorities of the Republic of the Philippines
including, but not limited to:cralaw:red
a. Illegal possession of firearms and ammunition
punishable under Section 878 of the Revised Administrative Code, as
amended, or Presidential Decree No. 9, dated October 2, 1972;chanroblesvirtualawlibrary
b. Illegal possession of bladed weapons or
explosives punishable under Presidential Decree No. 9, dated October 2,
1972;chanroblesvirtualawlibrary
c. Violation of the Revised Penal Code, as amended,
as follows: chanroblesvirtualawlibrary
(1) Interruption of religious worship (Article 132);chanroblesvirtualawlibrary
(2) Offending the religious feelings (Article 133);chanroblesvirtualawlibrary
(3) Rebellion or insurrection (Article 134, in
relation to Article 135, as amended);chanroblesvirtualawlibrary
(4) Conspiracy and proposal to commit rebellion
(Article 136, as amended);chanroblesvirtualawlibrary
(5) Inciting to rebellion or insurrection (Article
138, as amended);chanroblesvirtualawlibrary
(6) Sedition (Article 139 in relation to Article
140, as amended);chanroblesvirtualawlibrary
(7) Conspiracy to commit sedition (Article
141); chanroblesvirtualawlibrary
(8) Illegal assemblies (Article 146, as amended);chanroblesvirtualawlibrary
(9) Illegal associations (Article 147, as amended);chanroblesvirtualawlibrary
(10) Direct assaults (Article 148);chanroblesvirtualawlibrary
(11) Indirect assaults (Article 149);chanroblesvirtualawlibrary
(12) Resistance and disobedience to a person in
authority or agents of such persons (Article 151);chanroblesvirtualawlibrary
(13) Tumults and other disturbance of public order
(Article 153); and
(14) Alarm and scandals (Article 155); except those
who have committed crimes against chastity, murder, and kidnapping as
defined in the Revised Penal Code as amended; those who have committed
violations of Republic Act 6035 (Aircraft Anti- Hijacking Law) and
those who have committed violation of PD 532 dated August 8, 1974
(Anti-Piracy and Anti-Highway Robbery); provided, that any person so
excepted above may be granted amnesty if recommended and the merits of
his case so warrant. chanroblesvirtualawlibrary
Provided, further, that the persons herein mentioned above who may have
committed any of the above-stated crimes or offenses in furtherance of
their resistance to the duly constituted authorities of the Republic of
the Philippines outside of the provinces and cities herein mentioned
may also be granted amnesty by the President in accordance herewith.
Section 2. Conditions for the grant of amnesty. —
Any person applying for amnesty pursuant to this Decree must satisfy
the following requirements and must submit his application within
ninety days from the effectivity of this Decree, to be entitled to the
amnesty herein proclaimed;chanroblesvirtualawlibrary
a. He must take an oath of allegiance to the
Republic of the Philippines and swear or affirm to support and defend
the Constitution of the Philippines.
b. He must surrender whatever firearm and/or
explosives and ammunition he may have in his possession.
Section 3. Amnesty Commission. — To carry out the
purposes of this Decree, an Amnesty Commission is hereby created in
each of the provinces referred to in Section 1, hereof, which shall be
composed of the Provincial Fiscal as Chairman, and the Constabulary
Provincial Commander and the President of the Provincial Chapter of the
Integrated Bar of the Philippines, or his duly authorized
representative, as members.
Section 4. Powers and functions of the Amnesty
Commission. — The Amnesty Commissions herein created shall examine the
facts and circumstances surrounding each case, and when necessary,
conduct summary hearings of witnesses, required the production of
official records, and submit the appropriate recommendation to the
President, thru the Special Amnesty Commission.
Section 5. Special Amnesty Commission. — The Special
Amnesty Commission created pursuant to Presidential Decree No. 95,
dated January 11, 1973, shall perform the same review function with
respect to the record of proceedings of the Amnesty Commissions
referred to in the preceding Sections 3 and 4 of this Decree.
Section 6. Pending Cases. — The investigation and
trial of criminal cases against persons who apply for amnesty pursuant
to this Decree shall be held in abeyance until their applications for
amnesty shall have been finally acted upon in accordance hereof.
Section 7. Traveling Expense/Allowances. — The
Chairman and members of the provincial and Special Amnesty Commissions
created pursuant to this Decree, when traveling and/or performing duty
for purposes hereof, shall be entitled to payment of traveling expenses
and a flat allowance of fifty pesos a day, chargeable against the
Command for Administration of Detainees.
Section 8. Rules and Regulations. — The Secretary of
Justice and the Secretary of National Defense shall issue joint rules
and regulations for the effective implementation of this Decree.
Section 9. Rescission Clause. — All laws, decrees,
orders, instructions, rules and regulations which are inconsistent with
this Decree are hereby rescinded and/or modified accordingly.
Section 10. Effectivity. — This Decree takes effect
immediately. chanroblesvirtualawlibrary
Done in the City of Manila,
this 2nd day of February, in the year of Our Lord, nineteen hundred and
seventy-seven.
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