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;
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 the members, followers, and
sympathizers, of said activist groups, subversive associations and
Communist-front organizations, arc 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;
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;
WHEREAS, it has been the policy of the Government to deal
and treat the foregoing type of persons with compassion so that they may
be led back to the folds of the law, and may thereby become our
co-workers in the New Society; and
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;
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:
". . . 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. . . "
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.
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 proprio 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.
(Sgd.) FERDINAND E. MARCOS
President
Republic of the Philippines
By the President:
(Sgd.) ALEJANDRO MELCHOR
Executive Secretary
In order to facilitate the implementation of
this Presidential Decree No. 124, the Office of the President issued the
following:
Administrative Order No. 350, dated February 2, 1973, creating the
Amnesty Commissions;
Memorandum Order No. 345, dated February 8, 1973, designating the
chairmen and members of the commissions; and
Memorandum Order No. 351, dated March 16, 1973, amending
Memorandum Order No. 345.
[*] Amended by Presidential Decree
Nos. 138 and 206.