WHEREAS,
Presidential Decree No. 206 dated June 6, 1973 provides 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 Decrees No. 95
and No. 124, dated January 11, 1973 and February 2, 1973, respectively,
including those persons who are excepted thereunder but who,
nevertheless, have applied for amnesty, shall be held in abeyance
pending final action by the President on their applications for
amnesty"; chanroblesvirtualawlibrary
WHEREAS, considering that the administrative process in determining the
merits of applications for amnesty under Presidential Decree Nos. 95,
124, 497, 571, and 571-A cannot be expedited to the extent desired in
view of the necessity of prior extensive investigation inherent in any
such determination of whether an accused should be granted amnesty or
not under the provisions of the aforementioned Presidential Decrees;chanroblesvirtualawlibrary
WHEREAS, mindful that delay in the trial of military tribunal cases
consequent upon the filing of applications for amnesty by the accused
and pending consideration thereof may result in the travesty of justice
to the great prejudice of either the Government or the accused
concerned in that in the meantime that the applications for amnesty are
pending processing/action evidence on the case may be lost or
destroyed, or rendered unavailable; and in order not to unduly delay
the trial of cases exclusively triable by the military tribunals
thereby affording the accused the early opportunity to vindicate
himself before such courts;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E, MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby decree the amendment of the abovementioned
Presidential Decree No. 206 to read as follows:cralaw:red
"All proceedings before military tribunal 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 No. 124, dated January 11, 1973 and February 2, 1973,
respectively, including those persons who are expected thereunder but
who nevertheless, have applied for amnesty, may be held in abeyance
pending final action by the President on their applicants for amnesty:
Provided, however, that the Secretary of National Defense is authorized
to determine and order whether in each specific case trial by military
tribunals may be commenced and/or resumed notwithstanding that the
accused have applied for amnesty; and Provided, finally, that the
application for amnesty shall not in any way be considered as evidence
against the applicant in the corresponding case".
Done in the City of Manila,
this 9th day January, in the year of Our Lord, nineteen hundred and
seventy-six.
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