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PRESIDENTIAL DECREE NO. 1182 -
FURTHER AMENDING PRESIDENTIAL DECREE NO. 124
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| WHEREAS, on
January 11, 1973, Presidential Decree No. 95 was promulgated declaring
amnesty to persons who committed certain acts penalized by existing
laws in certain places in Mindanao, Sulu and Palawan in furtherance of
their political or religious beliefs; WHEREAS, on February 2, 1973, Presidential Decree No. 124 was promulgated declaring amnesty in favor of members/affiliates of subversive organizations as defined in Section 4 of RA 1700, the deadline for application under which expired on March 15, 1973; WHEREAS, on March 17, 1973 Presidential Decree No. 158 was promulgated extending deadline for the filing of application for amnesty under PD 95 dated January 11, 1973 and PD 124 dated February 2, 1973, until April 15, 1973; WHEREAS, on June 6, 1973 Presidential Decree No. 206 was promulgated ordering that all proceedings before military tribunals and/or civil courts in connection with all criminal cases pending before them against all persons who have applied for amnesty in accordance with Presidential Decree No. 95 and Presidential Decree No. 124, be held in abeyance pending final action by the President on their application for amnesty and further extending the deadline for filing of applications for amnesty up to July 15, 1973; WHEREAS, on June 28, 1974 Presidential Decree No. 497 was promulgated granting general amnesty under certain conditions to public school teachers, other government officials and employees, members of the Armed Forces of the Philippines and other persons for violations of election laws and other related statutes in connection with the election of delegates to the Constitutional Convention, the deadline for application under which fell on August 28, 1974; WHEREAS, on November 1, 1974 Presidential Decree No. 571 was promulgated granting amnesty to officers and ranking leaders of the Communist Party of the Philippines (PKP, HMB, MASAKA, MPKP, SPKP), the deadline for application under which fell on December 21, 1974; WHEREAS, on November 2, 1974 Presidential Decree No. 571-A was promulgated granting amnesty to political expatriates for illegal acts committed in furtherance of their opposition and resistance to martial law and the New Society, the period for application under which expired on April 30, 1975; WHEREAS, on February 3, 1976 Presidential Decree No. 886 was promulgated extending the deadlines for the filing of applications for amnesty under Presidential Decrees Nos. 95 and 124, both as amended by Presidential Decrees Nos. 497, 571, 571-A, to December 31, 1976; WHEREAS, on February 2, 1977, Presidential Decree No. 1082 was promulgated proclaiming amnesty in certain areas of Southern Philippines for leaders, members, supporters and sympathizers of the Moro National Liberation Front and the Bangsa Moro Army and other anti-government groups with similar motivations andms; WHEREAS, the periods within which to file applications for amnesty provided for in the aforementioned Presidential Decrees have already expired, but surveys and assessments indicate that there are still others who would want to avail themselves of the benefits of amnesty under the said decrees and return to the folds of the law; WHEREAS, to better realize the objectives of Proclamation No. 1081, general orders, decrees and instructions issued pursuant thereto, and to hasten the restoration of tranquility and stability of the nation, and to secure the people from violence, injuries and loss of lives in the quickest possible manner and time, it is necessary that certain members, followers, sympathizers and mere participants of said activist groups, subversive, associations and front organizations, especially the youth, be allowed to lead normal lives under the control and supervision of their parents, guardians, or benevolent citizens of their respective communities; WHEREAS, it has always been the vowed policy of the Government to unify our people, and to deal with misguided dissenters and transgressors of the law with compassion so they may regain their faith in government, and become our co-workers in the attainment of the objective to reform the social, economic and political structure of the Philippine society; NOW, THEREFORE, I, FERDINAND E. MARCOS, by virtue of the powers vested in me as President of the Philippines, do hereby order and decree the following: Section 1. Proclamation of Amnesty. — An amnesty is hereby decreed in favor of all persons who may have violated the provisions of Republic Act No. 1700, as amended by Presidential Decree No. 885 and those who have committed crimes against public order as defined and penalized under the Revised Penal Code, including those crimes and offenses which may have been committed by said persons in furtherance thereof, except as provided in Section 2 hereof. Section 2. Persons Disqualified. — The following persons are disqualified from amnesty under this Decree: a. Those who have promoted, maintained or headed a rebellion or insurrection or who, while holding public office or employment, took part therein, engaged in war against the forces of the government, destroyed property or committed serious violence, exacted contributions or diverted public funds from the lawful purpose for which they had been appropriated; provided, that persons who merely participated or executed the commands of others in a rebellion may be granted amnesty. b. Those who have committed murder, homicide, serious physical injuries, crimes against chastity, robbery, piracy, arson, hijacking, violations of Firearms and Explosives Law, and assault upon resistance and disobedience to persons in authority and their agents, except if such crime or offenses was committed in furtherance of subversion or crimes against public order as a mere participant/affiliate/member. Section 3. Conditions for the grant of amnesty. — Any person applying for amnesty pursuant to this Decree must satisfy the following requirements: a. He must submit his application not later than December 31, 1977 from the effectivity of this Decree; b. 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; and c. He must surrender whatever unlicensed firearms and/or explosives and ammunition he may have in his possession. Section 4. Amnesty Commission. — To carry out the purposes of this Decree, the Amnesty Commissions constituted pursuant to Presidential Decree No. 124, as amended, shall act on all cases of amnesty converted by this Decree. Section 5. Powers and functions of the Amnesty Commissions. — The Amnesty Commissions herein created shall examine the facts and circumstances surrounding each case, and when necessary conduct summary hearings of witnesses, require the production of official records, and submit the appropriate recommendation to the President, thru the First Amnesty Commission created pursuant to the aforesaid Presidential Decree No. 124, as amended, which shall perform the same review function with respect to the record of proceedings of the Amnesty Commissions referred to in the preceding Section 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 continue, unless the President or the Secretary of National Defense shall direct otherwise. Section 7. Travelling Expenses/Allowances. — The Chairman and members of the Amnesty Commissions created pursuant to this Decree, when traveling and/or performing duty for purposes hereof, shall be entitled to payment of travelling expenses and a flat allowance of one hundred fifty pesos a day, chargeable against the Command for Administration of Detainees. Section 8. Rules and Regulations. — The rules and regulations promulgated to implement Presidential Decree No. 124, as amended, insofar as the same are not inconsistent herewith, shall govern the implementation of this Decree: Provided, that the Secretaries of Justice and National Defense may jointly promulgate rules and regulations, as may be necessary to effectively implement 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 shall take effect after two successive weekly publications in at least two newspapers of general circulation in the Philippines. DONE in the City of Manila, this 21st day of August, in the year of Our Lord, nineteen hundred and seventy-seven. |
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