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PRESIDENTIAL DECREE NO. 433
PRESIDENTIAL DECREE NO. 433 -
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 VIOLATION OF
ELECTION LAWS AND OTHER RELATED STATUTES IN CONNECTION WITH THE
ELECTIONS OF 1965, 1967, 1969, 1971 AND THE ELECTIONS OF DELEGATES TO
THE CONSTITUTIONAL CONVENTION
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WHEREAS,
Presidential Decree No. 364 dated January 3, 1974. declared and decreed
"A GENERAL AMNESTY FOR ALL PERSONS WHO, AS FIRST OFFENDERS, FAILED TO
REGISTER AND OR VOTE AS REQUIRED" in connection with the national
referendum of July 27-28, 1973; chanroblesvirtualawlibrary
WHEREAS, in the aforecited decree the leadership of government
expressed determination to pursue a policy to unify the nation and to
encourage the citizenry to direct their attention and efforts to
constructive activities without distraction;chanroblesvirtualawlibrary
WHEREAS, this policy should be broadened in its application so that the
benefits to be derived therefrom may be extended to more members of the
society;chanroblesvirtualawlibrary
WHEREAS, it is of record that many public school teachers, other
officials and employees of the government including members of the
Armed Forces of the Philippines are facing charges before various
courts, tribunals, and/or administrative bodies for violation of
election laws and other related statutes in connection with the
elections of 1965, 1967, 1969, 1971 and the election of Delegates to
the Constitutional Convention; and that these cases are still pending
on preliminary investigation or trial on the merits, despite the long
period that has elapsed since the filing thereof; chanroblesvirtualawlibrary
WHEREAS, it is of public knowledge that the public school teachers and
other faithful government officials and employees committed infractions
or offenses in the performance of their election duties due to forces
beyond their will or power to resist;chanroblesvirtualawlibrary
WHEREAS, the pendency of these cases has caused great anxiety, worry
and tension on the part of those involved and the members of their
families, affecting not only their efficiency as public officials but
also their peace of mind as citizens of the nation;chanroblesvirtualawlibrary
WHEREAS, with respect to other persons, the pendency of such cases is
not conducive to national unity as it alienates them from the New
Society;chanroblesvirtualawlibrary
WHEREAS, as a continuing effort of the leadership of government to heal
the wounds inflicted in the past and to provide a fresh start for all
concerned to help build the New Society, it is proper and advisable to
relieve the persons involved of further stress or strain.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree and order:cralaw:red
Section 1. General Amnesty is hereby granted to all
public school teachers, other government officials and employees,
members of the Armed Forces of the Philippines facing charges for
violation of election laws or other related statutes in connection with
the elections of 1965, 1867, 1969, 1971 and the election of Delegates
to the Constitutional Convention subject to the conditions provided in
the succeeding section.
Section 2. The following persons shall not be
entitled to the amnesty herein granted:cralaw:red
a. Those whose violations were committed in band;chanroblesvirtualawlibrary
b. Those whose violations involved violence or
terrorism resulting in physical injury to or death of any person;chanroblesvirtualawlibrary
Section 3. All such pending cases shall be remanded
to the Commission on Elections for the purpose of determining after
hearing, if necessary, whether the defendants therein are entitled to
amnesty under the conditions herein provided.
For purposes of this section the courts shall transmit to the
Commission on Elections any and all records of the cases herein
referred to.
Section 4. The Commission on Elections shall submit a
report to the President on the action taken under this
Decree. chanroblesvirtualawlibrary
Section 5. This Decree shall take effect immediately.
DONE in the City of Manila,
this 8th day of April, in the year of Our Lord, nineteen hundred and
seventy-four.
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