WHEREAS, Presidential Decree No. 206 dated June 6, 1973
provides that "all proceedings before military tribunals and/or civil
courts in connection with all criminal cases pending before them against
all persons who have applied for amnesty in accordance with
Presidential Decrees No. 95 and No. 124, dated January 11, 1973 and
February 2, 1973, respectively, including those persons who are excepted
thereunder but who, nevertheless, have applied for amnesty, shall be
held in abeyance pending final action by the President on their
applications for amnesty";
WHEREAS, considering that the administrative process in
determining the merits of applications for amnesty under Presidential
Decrees No. 95, 124, 497, 571, and 571-A cannot be expedited to the
extent desired in view of the necessity of prior extensive investigation
inherent in any such determination of whether an accused should be
granted amnesty or not under the provisions of the aforementioned
Presidential Decrees;
WHEREAS, mindful that delay in the trial of military
tribunal cases consequent upon the filing of applications for amnesty by
the accused and pending consideration thereof may result in the
travesty of justice to the great prejudice of either the Government or
the accused concerned in that in the meantime that the applications for
amnesty are pending processing/action evidence on the case may be lost
or destroyed, or rendered unavailable; and in order not to unduly
delay the trial of cases exclusively triable by the military tribunals
thereby affording the accused the early opportunity to vindicate himself
before such courts;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Republic of the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby decree the amendment of the abovementioned
Presidential Decree No. 206 to read as follows:
"All proceedings before military tribunals and/or civil courts in
connection with all criminal cases pending before them against all
persons who have applied for amnesty in accordance with Presidential
Decrees No. 95 and No. 124, dated January 11, 1973 and February 2, 1973,
respectively, including those persons who are excepted thereunder but
who nevertheless, have applied for amnesty, may be held in abeyance
pending final action by the President on their applications for amnesty:
Provided, however, that the Secretary of National Defense is authorized
to determine and order whether in each specific case trial by military
tribunals may be commenced and/or resumed notwithstanding that the
accused have applied for amnesty; and Provided, finally, that the
application for amnesty shall not in any way be considered as evidence
against the applicant in the corresponding case".
Done in the City of Manila, this 9th day of January in the year of
our Lord, nineteen hundred and seventy-six.
(Sgd.)
FERDINAND E. MARCOS
President
Republic of the Philippines
By the President:
(Sgd.)
JACOBO C. CLAVE
Presidential Executive Assistant