M a n i l a
PRESIDENTIAL DECREE No. 1082
PROCLAIMING AMNESTY IN CERTAIN AREAS OF THE PHILIPPINES
WHEREAS, efforts of the Government to accelerate the restoration of peace and order throughout the country have yielded positive results, particularly the cessation of hostilities and other armed confrontations and encounters between Government Forces, on the one hand, and some elements of anti-government groups or organizations, specially those who call or refer to themselves as leaders, members, supporters or symphatizers of the Moro National Liberation Front or MNLF and its armed contingent, the Bangsa Moro Army or BMA, on the other hand, in some areas in Mindanao and Palawan;
WHEREAS, in order to attain the objectives of such peace-making efforts, it is the policy of the Government to provide the opportunity for the leaders, members, supporters and symphatizers of the said groups and organizations who might have committed crimes or violations of laws in the furtherance of their resistance to the duly constituted authorities of the Republic of the Philippines to return to the folds of the law and become loyal, law-abiding and useful citizens of the Republic;
WHEREAS, to achieve such a desirable result, without further bloodshed, loss of lives, and waste of time, effort and other valuable resources, it is deemed necessary, just and wise for the Government to forgive and forego the prosecution of said persons for the commission of the crimes herein mentioned;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby order and decree, as part of the laws of the land, the following:
Section 1. Proclamation of Amnesty. Subject to the provisions of Sections 2 and 3 hereof, an amnesty is hereby decreed and proclaimed in the province of Tawi-Tawi, Sulu, Basilan, Zamboanga del Sur, Zamboanga del Norte, Davao del Sur, South Cotabato, North Cotabato, Sultan Kudarat, Maguindanao, Lanao del Sur, Lanao del Norte and Palawan; and in the cities of Basilan, Zamboanga, Dapitan, Dipolog, Pagadian, Davao, General Santos, Cotabato, Iligan, Marawi and Puerto Princesa, in favor of all the leaders, members, supporters, and symphatizers of the Moro National Liberation Front and the Bangsa Moro Army and other anti-government groups with similar motivations and aims, who, prior to the effectivity of this Decree, have committed any act penalized by existing laws in the furtherance of their resistance to the duly constituted authorities of the Republic of the Philippines including, but not limited to:
(a) Illegal possession of firearms and ammunition punishable under Section 878 of the Revised Administrative Code, as amended, or Presidential Decree No. 9, dated October 2, 1972;
(b) Illegal possession of bladed weapons or explosives punishable under Presidential Decree No. 9, dated October 2, 1972;
(c) Violation of the Revised Penal Code, as amended, as follows:
(1) Interruption of religious worship (Article 132);
(2) Offending the religious feelings (Article 133);
(3) Rebellion or insurrection (Article 134, in relation to Article 135, as amended);
(4) Conspiracy and proposal to commit rebellion (Article 136, as amended);
(5) Inciting to rebellion or insurrection (Article 138, as amended);
(6) Sedition (Article 139 in relation to Article 140, as amended);
(7) Conspiracy to commit sedition (Article 141);
(8) Illegal assemblies (Article 146, as amended);
(9) Illegal associations (Article 147, as amended);
(10) Direct assaults (Article 148);
(11) Indirect assaults (Article 149);
(12) Resistance and disobedience to a person in authority or agents of such persons (Article 151);
(13) Tumults and other disturbance of public order (Article 153); and
(14) Alarm and scandals (Article 155); except those who have committed crimes against chastity, murder, and kidnapping as defined in the Revised Penal Code as amended; those who have committed violations of Republic Act 6035 (Aircraft Anti- Hijacking Law) and those who have committed violation of PD 532 dated August 8, 1974 (Anti- Piracy and Anti-Highway Robbery); provided, that any person so excepted above may be granted amnesty if recommended and the merits of his case so warrant.
Provided, further, that the persons herein mentioned above who may have committed any of the above-stated crimes or offenses in furtherance of their resistance to the duly constituted authorities of the Republic of the Philippines outside of the provinces and cities herein mentioned may also be granted amnesty by the President in accordance herewith.
Section 2. Conditions for the grant of amnesty. Any person applying for amnesty pursuant to this Decree must satisfy the following requirements and must submit his application within ninety days from the effectivity of this Decree, to be entitled to the amnesty herein proclaimed;
(a) 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.
(b) He must surrender whatever firearm and/or explosives and ammunition he may have in his possession.
Section 3. Amnesty Commission. To carry out the purposes of this Decree, an Amnesty Commission is hereby created in each of the provinces referred to in Section 1, hereof, which shall be composed of the Provincial Fiscal as Chairman, and the Constabulary Provincial Commander and the President of the Provincial Chapter of the Integrated Bar of the Philippines, or his duly authorized representative, as members.
Section 4. Powers and functions of the Amnesty Commission. The Amnesty Commissions herein created shall examine the facts and circumstances surrounding each case, and when necessary, conduct summary hearings of witnesses, required the production of official records, and submit the appropriate recommendation to the President, thru the Special Amnesty Commission.
Section 5. Special Amnesty Commission. The Special Amnesty Commission created pursuant to Presidential Decree No. 95, dated January 11, 1973, shall perform the same review function with respect to the record of proceedings of the Amnesty Commissions referred to in the preceding Sections 3 and 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 be held in abeyance until their applications for amnesty shall have been finally acted upon in accordance hereof.
Section 7. Traveling Expense/Allowances. The Chairman and members of the provincial and Special Amnesty Commissions created pursuant to this Decree, when traveling and/or performing duty for purposes hereof, shall be entitled to payment of traveling expenses and a flat allowance of fifty pesos a day, chargeable against the Command for Administration of Detainees.
Section 8. Rules and Regulations. The Secretary of Justice and the Secretary of National Defense shall issue joint rules and regulations for the effective implementation of this Decree.
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 takes effect immediately.
Done in the City of Manila, this 2nd day of February, in the year of Our Lord, nineteen hundred and seventy-seven.The Lawphil Project - Arellano Law Foundation
The Lawphil Project - Arellano Law Foundation