REVISING PRESIDENTIAL DECREE NO. 124, AS AMENDED BY PRESIDENTIAL DECREE NO. 1182.

• Number: Presidential Decree No. 1429
• Sections: 12

Preamble

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:

Section 1 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.

Section 2 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.

Section 3

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.

Section 4 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.

Section 5 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.

Section 6 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.

Section 7 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.

Section 8 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.

Section 9 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.

Section 10 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.

Section 11 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