Presidential Decree No. 1429 (PD 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, one 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 tranquility 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, 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:
Proclamation of Amnesty.
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 nay have committed acts which make then
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.
Persons Disqualified.
SEC. 2. Persons Disqualified.—The following persons
are disqualified from amnesty under this Decree:
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 had 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.
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. Not withstanding 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.
Conditions for the grant of amnesty.
SEC. 4. Conditions for the grant of amnesty.—Any
person applying for amnesty pursuant to this Decree must satisfy the following
requirements:
If under arrest or charged as of the date of this decree, he must submit his
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;
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
He must surrender whatever unlicensed firearms and/or explosives and
ammunition he may have in his possession.
Amnesty Commissions.
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.
Powers and functions of the Amnesty Commissions.
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 recommendation to the President, thru the First Amnesty Commission
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 Section 5 of this
Decree.
Pending Cases.
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.
Traveling Expense/Allowances.
SEC. 8. Traveling Expense/Allowances.—The Chairman
and members of the Amnesty Commissions created pursuant to this Decree, when
travelling 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.
Rules and Regulations.
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.
Rescission Clause.
SEC. 10. Rescission Clause.—All laws, decrees,
instructions, rules and regulations which are inconsistent with this Decree are
hereby rescinded and/or modified accordingly.
Effectivity.
SEC. 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.
(Sgd.) FERDINAND E. MARCOS
President of the
Philippines
By the President:
(Sgd.) JUAN C. TUVERA
Presidential Assistant
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
