P.D. No. 1429 : PHILIPPINE LAWS, STATUTES and CODES : CHAN ROBLES VIRTUAL LAW LIBRARY
M a n i l a
PRESIDENTIAL DECREE No. 1429
REVISING PRESIDENTIAL DECREE NO. 124, AS AMENDED BY PRESIDENTIAL DECREE NO. 1182
WHEREAS, on April 8, 1978, I appealed to the political Opposition and to the representatives of the various political factions in the Philippines to forget the bitterness of the last election and unite for the sake of the national interest;
WHEREAS, on of the perceived obstacles to the achievement of national unity is the detention of persons who have been charged with such crimes as subversion, rebellion, sedition, illegal possession of firearms, and other offenses defined and penalized in the Revised Penal Code, committed on the occasion or furtherance of, or in relation to the crimes of rebellion, subversion or sedition, which persons may be judged to be deserving of society's understanding and forgiveness;
WHEREAS, in accordance with my call to national reconciliation and unity, it is now imperative to proclaim an amnesty in favor of said deserving persons, even without further inquiry into their guilt or innocence and without waiting for final judgment by the court or tribunal before which said charges are pending;
WHEREAS, to hasten the restoration of tranquillity and stability of the nation, and pursuant to the government policy of reconciliation with persons who have been arrested and/or charged as transgressors of the law, it is necessary that amnesty be extended further to persons who may have committed certain acts penalized by existing laws as well as those who, in the judgment of the President of the Philippines, are deserving of amnesty.
NOW, THEREFORE, I, FERDINAND E. MARCOS, by virtue of the powers vested in me as President of the Philippines, do hereby order and decree the following:
Section 1. Proclamation of Amnesty. Amnesty is hereby decreed in favor of all persons who have been arrested and/or charged, or although not arrested and/or charged may have committed acts which make them liable for, violation of the provisions of Republic Act No. 1700, as amended by Presidential Decree No. 885, and those who have been arrested for, and/or charged or chargeable with crimes against public order as defined and penalized under the Revised Penal Code, including those crimes and offenses which may have been committed by said persons in furtherance thereof.
Sec. 2. Persons Disqualified. The following persons are disqualified from amnesty under this Decree:
(a) Those who have promoted, maintained or headed a rebellion or insurrection or who, while holding public office or employment, took part therein, engaged in war against the forces of the Government, destroyed property or committed serious violence, exacted contributions or diverted public funds from the lawful purpose for which they have been appropriated; provided, that persons who have been arrested and/or charged with having merely participated or executed the commands of others in a rebellion may be granted amnesty.
(b) Those who have been arrested and/or charged with murder, homicide, serious physical injuries, crimes against chastity, robbery, piracy, arson, hijacking, violations of the Firearms and Explosives Law, and assault upon and resistance and disobedience to persons in authority and their agents, except if such crime or offense was committed in furtherance of subversion or crimes against public order as a mere participant/affiliate/member.
Sec. 3. Notwithstanding the provisions of this decree, the President of the Philippines may, on his own or upon recommendation of the government agency which he may designate, under such circumstances and subject to such conditions as he may impose, extend the amnesty granted under this Decree to persons who have been arrested and/or charged, or although not arrested and/or charged may have committed acts which make them liable for, violation of the provisions of Republic Act No. 1700, as amended by Presidential Decree No. 885, and those who have been arrested for, and/or charged or chargeable with crimes against public order as defined and penalized under the Revised Penal Code, including those crimes and offenses which may have been committed by said persons in furtherance thereof.
Sec. 4. Conditions for the grant of amnesty. Any person applying for amnesty pursuant to this Decree must satisfy with the following requirements:
(a) If under arrest or charged as of the date of this decree, he must submit this application not later than September 30, 1978 in the prescribed form hereto attached as Annex A;
If not under arrest, he must submit such application within six months after his arrest or surrender;
(b) He must renew his oath of allegiance to the Republic of the Philippines and swear or affirm to support and defend the Constitution of the Philippines; and
(c) He must surrender whatever unlicensed firearms and/or explosives and ammunition he may have in his possession.
Sec. 5. Amnesty Commissions. To carry out the purposes of this Decree, the Amnesty Commissions constituted pursuant to Presidential Decree No. 124, as amended, or such offices or bodies as may be created or designated by the President shall act on all cases of amnesty covered by this Decree.
Sec. 6. Powers and functions of the Amnesty Commissions. The Amnesty Commissions herein created or offices and bodies created, or designated by the President shall examine the facts and circumstances surrounding each case, and when necessary conduct summary hearings of witnesses, require the production of official records, and submit the appropriate recommendations to the President, thru the First Amnesty Commissions created pursuant to the aforesaid Presidential Decree No. 124, as amended, which shall perform the same review function with respect to the record of proceedings of the Amnesty Commissions referred to in the preceding Sec. 5 of this Decree.
Sec. 7. Pending Cases. The investigation and trial of criminal cases against persons and their co-accused who apply for amnesty pursuant to this Decree shall continue, unless the President shall direct otherwise.
Sec. 8. Traveling Expense/Allowances. The Chairman and members of the 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 one hundred fifty pesos a day, chargeable against the Command for Administration of Detainees.
Sec. 9. Rules and Regulations. The rules and regulations promulgated to implement Presidential Decree No. 124, as amended, insofar as the same are not inconsistent herewith, shall govern the implementation of this Decree: Provided, that the Secretaries of Justice and National Defense may jointly promulgate rules and regulations, as may be necessary to effectively implement this Decree.
Section 10. Rescission Clause. All laws, decrees, instructions, rules and regulations which are inconsistent with this Decree are hereby rescinded and/or modified accordingly.
Section 11. Effectivity. This Decree shall take effect immediately.
Done in the City of Manila, this 10th day of June, in the year of Our Lord, nineteen hundred and seventy-eight.