Marcos grants amnesty to rebel, insurgent groups


At a glance

  • Proclamation No. 404 grants amnesty to former CPP-NPA-NDF members who have committed crimes punishable under the Revised Penal Code and Special Penal laws in furtherance of their political beliefs.

  • Proclamation Nos. 405 and 406 grant amnesty to MILF and MNLF members, respectively, who have committed crimes punishable under the Revised Penal Code and Special Penal Laws to advance their political beliefs.

  • The proclamations do not cover kidnap for ransom, massacre, rape, terrorism, crimes committed against chastity, crimes committed for personal ends, drug-related crimes, grave violations of the Geneva Convention, and gross violations of human rights.


In a bid to foster lasting peace, President Marcos has issued an executive order and several proclamations that grant amnesty to rebels and insurgents.

BBM GENSAN.jpg
President Ferdinand 'Bongbong' Marcos Jr. (Malacañang photo)

By the authority of the President, Executive Secretary Lucas Bersamin signed Executive Order (EO) No. 47 on Nov. 22. It amended the previous administration's EO 125, which created the National Amnesty Commission (NAC).

In issuing the order, Marcos cited the need to amend and update the NAC's functions to cover the processing of the applications for amnesty under the new Proclamation Nos. 403, 404, 405, and 406.

The NAC shall receive and process applications for amnesty and determine whether the applicants are entitled to amnesty under the new proclamations. The NAC shall be dissolved upon fulfilling its mandate or the President's decision.
 

 

Proclamation No. 403

Proclamation No. 403 grants amnesty to Rebolusyonaryong Partido ng Manggagawa ng Pilipinas/Revolutionary Proletarian Army/Alex Boncayao Brigade (RPMP-RPA-ABB) members who have committed crimes punishable under the Revised Penal Code and special penal laws, specifically those committed crimes in pursuit of their political beliefs, whether punishable under the said laws.

The Proclamation, however, does not cover the following:

  • Kidnap for ransom
  • Massacre
  • Rape
  • Terrorism
  • Crimes committed against chastity
  • Crimes committed for personal ends
  • Violation of the Comprehensive Dangerous Drugs Act of 2002
  • Grave violations of the Geneva Convention of 1949
  • Genocide, crimes against humanity, war crimes, torture, enforced disappearances, and other gross violations of human rights

 

Proclamation No. 404

Proclamation No. 404 grants amnesty to former Communist Party of the Philippines-New People's Army-National Democratic Front (CPP-NPA-NDF) members who have committed crimes punishable under the Revised Penal Code and Special Penal laws in furtherance of their political beliefs.

The amnesty is granted to former CPP-NPA-NDF members or their front organizations that committed crimes such as:

  • Rebellion or insurrection
  • Conspiracy and proposal to commit rebellion or insurrection
  • Disloyalty of public officers or employees
  • Inciting rebellion or insurrection
  • Sedition, conspiracy to commit sedition, and inciting sedition
  • Illegal assembly
  • Illegal association
  • Direct assault and indirect assault
  • Resistance and disobedience to a person in authority or the agents of such person
  • 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 that these crimes or offenses were committed in furtherance of, incident to, or in connection with the crimes of rebellion or insurrection

Proclamation No. 404 covers those charged, detained, or convicted of common crimes but who can establish by substantial evidence that they have actually committed said crimes in pursuit of political beliefs.

The amnesty does not cover the same crimes not covered by Proclamation No. 403.

 

Proclamation Nos. 405 and 406

Meanwhile, Proclamation Nos. 405 and 406 grant amnesty to Moro Islamic Liberation Front (MILF) and Moro National Liberation Front (MNLF) members, respectively, who have committed crimes punishable under the Revised Penal Code and Special Penal Laws to advance their political beliefs.

Any MILF and MNLF members who committed any act or omission in pursuit of political belief are those detained, charged, or convicted for such acts or omissions, may apply for amnesty. The amnesty shall be granted to crimes committed prior to the issuance of the Proclamations.