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PRESIDENTIAL DECREE NO. 1429
PRESIDENTIAL DECREE NO. 1429 -
REVISING PRESIDENTIAL DECREE NO. 124, AS AMENDED BY PRESIDENTIAL DECREE
NO. 1182
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WHEREAS, on
April 8, 1978, I appealed to the political Opposition and to the
representatives of the various political factions in the Philippines to
forget the bitterness of the last election and unite for the sake of
the national interest;chanroblesvirtualawlibrary
WHEREAS, on of the perceived obstacles to the achievement of national
unity is the detention of persons who have been charged with such
crimes as subversion, rebellion, sedition, illegal possession of
firearms, and other offenses defined and penalized in the Revised Penal
Code, committed on the occasion or furtherance of, or in relation to
the crimes of rebellion, subversion or sedition, which persons may be
judged to be deserving of society's understanding and forgiveness;chanroblesvirtualawlibrary
WHEREAS, in accordance with my call to national reconciliation and
unity, it is now imperative to proclaim an amnesty in favor of said
deserving persons, even without further inquiry into their guilt or
innocence and without waiting for final judgment by the court or
tribunal before which said charges are pending;chanroblesvirtualawlibrary
WHEREAS, to hasten the restoration of tranquility and stability of the
nation, and pursuant to the government policy of reconciliation with
persons who have been arrested and/or charged as transgressors of the
law, it is necessary that amnesty be extended further to persons who
may have committed certain acts penalized by existing laws as well as
those who, in the judgment of the President of the Philippines, are
deserving of amnesty.
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: chanroblesvirtualawlibrary
Section 1. Proclamation of Amnesty. — Amnesty is
hereby decreed in favor of all persons who have been arrested and/or
charged, or although not arrested and/or charged may have committed
acts which make them liable for, violation of the provisions of
Republic Act No. 1700, as amended by Presidential Decree No. 885, and
those who have been arrested for, and/or charged or chargeable with
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.
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 have been appropriated; provided, that persons who have been
arrested and/or charged with having merely participated or executed the
commands of others in a rebellion may be granted amnesty.
(b) Those who have been arrested and/or charged with
murder, homicide, serious physical injuries, crimes against chastity,
robbery, piracy, arson, hijacking, violations of the Firearms and
Explosives Law, and assault upon and resistance and disobedience to
persons in authority and their agents, except if such crime or offense
was committed in furtherance of subversion or crimes against public
order as a mere participant/affiliate/member.
Section 3. Notwithstanding the provisions of this
decree, the President of the Philippines may, on his own or upon
recommendation of the government agency which he may designate, under
such circumstances and subject to such conditions as he may impose,
extend the amnesty granted under this Decree to persons who have been
arrested and/or charged, or although not arrested and/or charged may
have committed acts which make them liable for, violation of the
provisions of Republic Act No. 1700, as amended by Presidential Decree
No. 885, and those who have been arrested for, and/or charged or
chargeable with 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.
Section 4. Conditions for the grant of amnesty. — Any
person applying for amnesty pursuant to this Decree must satisfy with
the following requirements:cralaw:red
a. If under arrest or charged as of the date of this
decree, he must submit this application not later than September 30,
1978 in the prescribed form hereto attached as Annex A;chanroblesvirtualawlibrary
If not under arrest, he must submit such application within six months
after his arrest or surrender;chanroblesvirtualawlibrary
b. He must renew his 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 5. Amnesty Commissions. — To carry out the
purposes of this Decree, the Amnesty Commissions constituted pursuant
to Presidential Decree No. 124, as amended, or such offices or bodies
as may be created or designated by the President shall act on all cases
of amnesty covered by this Decree. chanroblesvirtualawlibrary
Section 6. Powers and functions of the Amnesty
Commissions. — The Amnesty Commissions herein created or offices and
bodies created, or designated by the President 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 recommendations to the President,
thru the First Amnesty Commissions 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 5 of this
Decree.
Section 7. Pending Cases. — The investigation and
trial of criminal cases against persons and their co-accused who apply
for amnesty pursuant to this Decree shall continue, unless the
President shall direct otherwise.
Section 8. Travelling Expense/Allowances. — The
Chairman and members of the Amnesty Commissions created pursuant to
this Decree, when travelling 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 9. 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 10. Rescission Clause. — All laws, decrees,
instructions, rules and regulations which are inconsistent with this
Decree are hereby rescinded and/or modified accordingly. chanroblesvirtualawlibrary
Section 11. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 10th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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