Revising Presidential Decree No. 124, as Amended By Presidential Decree No. 1182

Case Overview and Summary

Summary of Presidential Decree No. 1429

Proclamation of Amnesty (Section 1)
- Amnesty is granted to all persons who have been arrested and/or charged, or may have committed acts liable for violation of Republic Act No. 1700 (as amended by Presidential Decree No. 885) and crimes against public order under the Revised Penal Code, including offenses committed in furtherance thereof.

Persons Disqualified from Amnesty (Section 2)
- Those who promoted, maintained, or headed a rebellion or insurrection, or while holding public office, took part in it, engaged in war against government forces, destroyed property, committed serious violence, exacted contributions, or diverted public funds. However, mere participants/affiliates/members who executed commands in a rebellion may be granted amnesty.
- Those 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 committed in furtherance of subversion or crimes against public order as a mere participant/affiliate/member.

Presidential Discretion to Extend Amnesty (Section 3)
- The President may extend amnesty to persons charged with or liable for violation of Republic Act No. 1700 (as amended by Presidential Decree No. 885) and crimes against public order under the Revised Penal Code, including offenses committed in furtherance thereof, under circumstances and conditions he may impose.

Conditions for Grant of Amnesty (Section 4)
- If under arrest or charged as of the date of this decree, application must be submitted by September 30, 1978 in the prescribed form.
- If not under arrest, application must be submitted within six months after arrest or surrender.
- Applicant must renew oath of allegiance to the Philippines and swear to support and defend the Constitution.
- Applicant must surrender any unlicensed firearms, explosives, and ammunition in possession.

Amnesty Commissions (Sections 5 and 6)
- Amnesty Commissions constituted under Presidential Decree No. 124 (as amended) or designated bodies shall act on amnesty cases.
- Commissions shall examine facts, conduct summary hearings, require production of records, and submit recommendations to the President through the First Amnesty Commission.

Pending Cases (Section 7)
- Investigation and trial of criminal cases against applicants and co-accused shall continue, unless the President directs otherwise.

Traveling Expenses/Allowances (Section 8)
- Amnesty Commission members shall be entitled to payment of traveling expenses and a flat allowance of ₱150 per day, chargeable against the Command for Administration of Detainees.

Rules and Regulations (Section 9)
- Rules and regulations for implementing Presidential Decree No. 124 (as amended), insofar as not inconsistent with this Decree, shall govern its implementation.
- Secretaries of Justice and National Defense may jointly promulgate necessary rules and regulations.

Rescission Clause (Section 10)
- All laws, decrees, instructions, rules, and regulations inconsistent with this Decree are rescinded or modified accordingly.

Effectivity (Section 11)
- This Decree shall take effect immediately.