DOJ continuously screens rebels who apply for amnesty


Justice Secretary Menardo I. Guevarra on Wednesday, April 14, said the Department of Justice (DOJ) has been continuously scrutinizing who among the former and the current members of rebel groups should be granted amnesty.

Justice Secretary Menardo Guevarra (TOTO LOZANO/PRESIDENTIAL PHOTO /MANILA BULLETIN)
Justice Secretary Menardo Guevarra
(TOTO LOZANO / PRESIDENTIAL PHOTO / FILE PHOTO)

Guevarra had earlier directed the DOJ’s National Prosecution Service (NPS) to do an inventory of cases that are under preliminary investigation or are already filed in court against persons affiliated with rebel groups.

Last February, President Duterte issued four proclamations that grant amnesty to members of the Moro Islamic Liberation Front (MILF), Moro National Liberation Front (MNLF), the Rebolusyonaryong  Partido ng Manggagawa ng Pilipinas/ Revolutionary Proletarian Army/ Alex Boncayao Brigade (RPMP-RPA-ABB), and former rebels of the communist terrorist group.

The President has also created a commission that will receive and process applications for amnesty as well as determine whether applicants are entitled to amnesty under the proclamations.

Members of the rebel groups may file amnesty applications provided the crime were committed prior to the issuance of the proclamations.

The proclamations stated that an applicant must admit his or her guilt of the offense in writing and under oath, as well as turn over any firearm and explosives to authorities upon application for amnesty “without incurring liability for illegal possession.”Under the proclamations, the crimes covered by the amnesty include rebellion, conspiracy and proposal to commit rebellion, disloyalty of public officers or employees; inciting to rebellion or insurrection; sedition; conspiracy to commit sedition; inciting to sedition; illegal assembly; illegal association; direct assault; indirect assault; resistance and disobedience to a person in authority; tumults and other disturbances of public order; unlawful use of means of publication and unlawful utterances; alarms and scandals; illegal possession of firearms, ammunition or explosives provided these offices were committed in connection with rebellion; and those charged, detained or convicted of common crimes but who can establish by substantial evidence they committed crimes in pursuit of political beliefs.

But the proclamations state that amnesty will not be granted to those who have been charged with violations of the country’s anti-terrorism law.

Amnesty will not also cover crimes such as kidnap for ransom, massacre, rape, terrorism, grave violations of the Geneva Convention of 1940, genocide, crimes against humanity, war crimes, torture, enforced disappearances, and other gross violations of human rights.