A
collection of Philippine laws, statutes and codes
not
included or cited in the main
indices
of
the
Chan Robles Virtual Law Library
PRESIDENTIAL DECREE NO. 124
PRESIDENTIAL DECREE NO. 124 -
DECLARING AN AMNESTY IN FAVOR OF ALL PERSONS WHO VIOLATED CERTAIN
PROVISIONS OF ANTI-SUBVERSION ACT
|
chanroblesvirtualawlibrary
WHEREAS, Proclamation No. 1081, dated
September 21, 1972, declaring a state of martial law throughout the
land was issued because of widespread lawlessness and anarchy, chaos
and disorder, and wanton destruction of lives and property prevailing
throughout the country, perpetrated, among others, by die-hard leaders
and some members of activist groups, subversive associations, and
Communist-front organizations;chanroblesvirtualawlibrary
WHEREAS, surveys and assessments made by the military authorities as
well as reports from law-abiding and peace-loving sectors of our
society indicate that a number of members, followers and sympathizers,
of said activist groups, subversive associations and Communist-front
organizations, are not die-hard members or ideological believers in
Communism but had been drawn into these organizations, because of their
association with, and/or as a result of subtle indoctrination by hard
core activist leaders and false propagandists; chanroblesvirtualawlibrary
WHEREAS, it is not unlikely that, in many instances, members or
followers of said groups have unwittingly allowed themselves to be
identified with said groups, associations or organizations;chanroblesvirtualawlibrary
WHEREAS, it has been the policy of the Government to deal and treat the
foregoing type of persons with companion so that they may be led back
to the folds of the law, and may thereby become our co-workers in the
New Society;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 the tranquility and stability of the
nation, and secure the people from violence, injuries and loss of lives
in the quickest possible manner and time, it is necessary that certain
members of said activist groups, subversive associations and
Communist-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
NOW, THEREFORE, I, FERDINAND E. MARCOS, in my capacity as
Commander-in-Chief of all the Armed Forces of the Philippines and
pursuant to Proclamation No. 1081, dated September 21, 1972, do hereby
declare and decree an amnesty in favor of all persons who may have
violated the following provisions of Section 4 of Republic Act No.
1700, to wit:cralaw:red
"... whoever knowingly, wilfully, and by overt acts affiliates himself
with, becomes or remains a member of the Communist Party of the
Philippines and/or its successors or of any subversive association as
defined in Section 2 hereof.." chanroblesvirtualawlibrary
I do hereby further declare and decree an amnesty in favor of all such
affiliates-members who may have committed any other offense penalized
under any law in furtherance of their political beliefs; Provided,
however, That this amnesty shall not apply to the following: (a) such
affiliate/member who has committed murder or crimes against chastity or
who have taken up arms against the government; (b) those leaders of
rebellion and sedition; (c) officer or ranking leader of the Communist
Party of the Philippines or of any subversive association as defined in
Section 2 of said Anti-Subversion Act; (d) one who conspires with any
other person to overthrow the Government of the Republic of the
Philippines or the government of any of its political subdivisions by
force, violence, deceit, subversion or any other illegal means for the
purpose of placing such government or political subdivision under the
control and domination of any alien power: Provided, further, That this
decree shall cover only those who shall apply for amnesty not later
than March 15, 1973; Provided, furthermore, That said applicant
renounces in writing his affiliation/membership with said subversive
group or organization, surrenders whatever firearms and/or explosives
which he/she may have in his/her possession, licensed or unlicensed,
and pledges loyalty and obedience to the Government of the Republic of
the Philippines; And Provided, finally, That his or her parents, known
guardian or in the absence of the latter two, any prominent resident of
the community where he or she resides, shall likewise pledge in writing
to insure that the applicant shall be a peace-loving and law-abiding
citizen of the Philippine Republic at all times. chanroblesvirtualawlibrary
For the purposes of this Decree, subversive association, having the
same purpose as the Communist Party of the Philippines as the term is
defined in Section 2 of Republic Act No. 1700, is one organized to
overthrow the Government of the Republic of the Philippines for the
purpose of establishing in the Philippines a totalitarian regime and
placing the government under the control and domination of an alien
power.
It is further decreed that in order to determine the persons who may be
granted amnesty, the Amnesty Commissions to be created by me shall
examine the facts and circumstances surrounding each case, conduct
summary hearings of witnesses, if necessary, and recommend to me
whether or not the persons concerned shall be granted amnesty:
Provided, That any person not expressly covered by this decree may
nonetheless be granted amnesty if so recommended as provided herein and
the merits of his/her case so warrant.
It is decreed finally that cases now pending before fiscals, civil
courts, or military tribunals against those who would be covered by
this Decree shall be dismissed motu propio by the respective fiscals,
civil courts or military authorities/tribunals, or upon petition by the
prosecution or the accused, after the grant of amnesty by me as herein
decreed.
Done in the City of Manila,
this 2nd day of February, in the year of Our Lord, nineteen hundred and
seventy-three.
|
chanroblesvirtuallawlibrary
Back
to Home
- Back
to Main
chanroblesvirtuallawlibrary
Since 19.07.98
|