Marcos grants amnesty to former rebels 'to foster lasting peace' | ABS-CBN

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Marcos grants amnesty to former rebels 'to foster lasting peace'

Marcos grants amnesty to former rebels 'to foster lasting peace'

Job Manahan,

ABS-CBN News

 | 

Updated Nov 24, 2023 09:13 AM PHT

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President Ferdinand R. Marcos Jr. at the President’s Hall of Malacañan Palace in Manila on November 10, 2023. Rey Banquet, NIB-PNA
President Ferdinand R. Marcos Jr. at the President’s Hall of Malacañan Palace in Manila on November 10, 2023. Rey Banquet, NIB-PNA

MANILA (UPDATE)— President Ferdinand Marcos, Jr. has granted amnesty to former rebels "as part of the administration’s comprehensive peace initiatives," Malacañang said on Friday.

Based on Proclamation Nos. 403, 404, 405, and 406, those granted amnesty were former members of the Communist Party of the Philippines-New People’s Army-National Democratic Front (CPP-NPA-NDF) and members of the Moro Islamic Liberation Front (MILF) and Moro National Liberation Front (MNLF).

The President also granted amnesty to members of the Rebolusyonaryong Partido ng Manggagawa ng Pilipinas/Revolutionary Proletarian Army/Alex Boncayao Brigade (RPMP-RPA-ABB)

The President said the amnesty covered members of these organizations who committed crimes "in pursuit of their political beliefs, whether punishable under the Revised Penal Code or special penal laws."

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These are but are not limited to:

  • Rebellion or insurrection;
  • Conspiracy and proposal to commit rebellion or insurrection;
  • Disloyalty of public officers or employees;
  • Inciting to rebellion or insurrection;
  • Sedition;
  • Conspiracy to commit sedition;
  • Inciting to sedition;
  • Illegal assembly;
  • Illegal association;
  • Direct assault;
  • Indirect assault;
  • Resistance and disobedience to a person in authority or the agents of such person;
  • Tumults and other disturbances of public order;
  • Unlawful use of means of publication and unlawful utterances;
  • Alarms and scandals;
  • Illegal possession of firearms, ammunition or explosives, provided that these crimes or offense were committed in furtherance of, incident to, or in connection with the crimes of rebellion or insurrection; and,
  • Those charged, detained or convicted of common crimes but who can establish by substantial evidence that they have actually committed said crimes in pursuit of political beliefs.

In signing the proclamations, though, the President defined the clause "crimes committed in pursuit of a political belief" as "acts and omissions performed or undertaken as part of a plan, program of action or strategy decided by the rebel leadership to overthrow and replace the National Government, any of its political subdivisions, or duly constituted authority, with or without the use of arms."

A former member of the organization is defined as someone who has surrendered to the government and renounced their "rebellious activities."

"A person who has already been granted amnesty under previous amnesty proclamations shall no longer qualify to apply for amnesty under this Proclamation," it read.

"For avoidance of doubt, persons who applied for amnesty under previous proclamations whose applications were not considered for having been made outside the reglementary period for filing may apply under this Proclamation," it added.

Applicants for amnesty must also admit their guilt of offense in which they are criminally liable.

They shall also "turn over whatever firearms, weapons, and/or explosives he or she may have in his or her possession upon application for amnesty without incurring liability for illegal possession thereof, notwithstanding the grant or denial of the amnesty application," based on the proclamation.

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The amnesty, however, will not cover:

  • kidnap for ransom
  • massacre
  • rape
  • terrorism
  • crimes committed against chastity as defined in the Revised Penal Code
  • crimes committed for personal ends, violation of Republic Act (RA) No. 9165 or the Comprehensive Dangerous Drugs Act of 2002
  • grave violations of the Geneva Convention of 1949
  • genocide
  • crimes against humanity
  • war crimes
  • torture
  • enforced disappearances
  • other gross violations of human rights

RECONCILIATION

In signing the proclamations, Marcos, Jr. said there was "an urgent need" to grant amnesty to these organizations, including the CPP-NPA-NDF.

He described this as an "instrument of reconciliation and as a path for their return to a peaceful, democratic, and pluralistic society."

"The grant of amnesty in favor of the foregoing group and individuals will promote an atmosphere conducive to the attainment of a just, comprehensive," said the President.

This was also "in line with the government's call for peace, unity, and reconciliation to bring closure to past enmity, rancor, and bitterness that has stymied lasting amity among the Filipino people."

Proclamation No. 403

Proclamation No. 403

Proclamation No. 403

Proclamation No. 403

Proclamation No. 404

Proclamation No. 404

Proclamation No. 404

Proclamation No. 404

Proclamation No. 405

Proclamation No. 405

Proclamation No. 405

Proclamation No. 406

Proclamation No. 406

Proclamation No. 406

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