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PRESIDENTIAL DECREE NO. 1182
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; chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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; chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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:cralaw:red
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:cralaw:red
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. chanroblesvirtualawlibrary
Section 3. Conditions for the grant of amnesty. — Any
person applying for amnesty pursuant to this Decree must satisfy the
following requirements:cralaw:red
a. He must submit his application not later than
December 31, 1977 from the effectivity of this Decree;chanroblesvirtualawlibrary
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. chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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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