Proclaiming Amnesty In Certain Areas Of The Philippines

Case Overview and Summary

Summary of Presidential Decree No. 1082

Proclamation of Amnesty
- Amnesty is decreed and proclaimed in certain provinces and cities in favor of leaders, members, supporters, and sympathizers of the Moro National Liberation Front (MNLF), Bangsa Moro Army (BMA), and other anti-government groups with similar motivations and aims. (Section 1)
- Covers acts committed prior to the effectivity of the Decree in furtherance of resistance against the government, including:
    - Illegal possession of firearms and ammunition (Section 1(a))
    - Illegal possession of bladed weapons or explosives (Section 1(b))
    - Violations of the Revised Penal Code, such as rebellion, insurrection, sedition, illegal assemblies, illegal associations, direct and indirect assaults, resistance and disobedience to authority, tumults and other disturbances of public order, and alarm and scandals (Section 1(c))
    - Excludes crimes against chastity, murder, kidnapping, violations of the Aircraft Anti-Hijacking Law, and violations of the Anti-Piracy and Anti-Highway Robbery Law, unless recommended and merits warrant amnesty (Section 1)

Conditions for Amnesty
- Applicant must take an oath of allegiance to the Republic of the Philippines and swear or affirm to support and defend the Constitution. (Section 2(a))
- Applicant must surrender any firearms, explosives, and ammunition in their possession. (Section 2(b))
- Application must be submitted within 90 days from the effectivity of the Decree. (Section 2)

Amnesty Commission
- An Amnesty Commission is created in each province, composed of the Provincial Fiscal as Chairman, the Constabulary Provincial Commander, and the President of the Provincial Chapter of the Integrated Bar of the Philippines or representative. (Section 3)
- The Amnesty Commission examines facts and circumstances, conducts summary hearings, requires production of official records, and submits recommendations to the President through the Special Amnesty Commission. (Section 4)
- The Special Amnesty Commission reviews the proceedings of the Amnesty Commissions. (Section 5)

Other Provisions
- Investigation and trial of criminal cases against applicants shall be held in abeyance until their applications are finally acted upon. (Section 6)
- The Chairman and members of the Amnesty Commissions are entitled to travel expenses and a flat allowance of 50 pesos per day when performing duties. (Section 7)
- The Secretary of Justice and the Secretary of National Defense shall issue joint rules and regulations for the effective implementation of the Decree. (Section 8)
- The Decree takes effect immediately. (Section 10)