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Saturday, September 08, 2007
Arroyo okays amnesty for communist rebels
MANILA -- President Gloria Macapagal-Arroyo has signed Proclamation 1377 granting amnesty to members of the Communist Party of the Philippines and its armed wing New People's Army and other left-leaning rebel groups.
Presidential peace adviser Jesus Dureza said the President signed the proclamation before she left for Australia to attend the 15th Asia-Pacific Economic Cooperation (Apec) Leaders Meeting.
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Dureza said the proclamation would take effect only "upon concurrence by majority of all the members of Congress."
Executive Secretary Eduardo Ermita, in a statement, said "certified copies of the proclamation have been transmitted to the Senate and the House of Representatives for concurrence in accordance with the Constitution.
"We are now working on the implementing rules and regulations (IRR)," said Dureza, who was in Brussels with National Security Adviser Norberto Gonzales and Foreign Affairs Undersecretary Rafael Seguis.
They flew to Brussels to brief the 11 Philippine ambassadors assigned in the European Union member-countries on the developments in the peace process, the local amnesty program, arrest of CPP founding chairman Jose Maria Sison, Basilan incident, and the Human Security Act implementation.
Dureza said the National Committee on Social Integration (NCSI) under his office is formulating the IRR.
He said the amnesty would cover "members of the (CPP, NPA, and National Democratic Front) and other communist groups who commit rebellion and other crimes in pursuit of political beliefs who wish to avail by applying in amnesty centers in localities. Anyone who falls within coverage can (apply)."
He said he is not sure if Sison could be covered since he is facing murder charges. "We cannot discuss individuals," he added.
Arroyo said an amnesty program, which includes accepting the rebels back to the folds of the law and providing them livelihood assistance, is an "integral component of the government's comprehensive peace efforts" and in attaining reconciliation in the country.
"There is an urgent need and expressed desire to extend amnesty to members of the CPP-NPA-NDF and other communist rebel groups as an instrument of reconciliation, and as a path for their return to a peaceful, democratic, and pluralistic society," she said.
She added that the Office of the President would provide the initial budget for the amnesty program, which shall be released to the Office of the Presidential Adviser on the Peace Process (Opapp), while regular funds would be provided for its implementation in the succeeding years under the General Appropriations Act (GAA).
Under the proclamation, amnesty shall be granted to members of the CPP-NPA-NDF and other communist rebel groups, who under oath, would apply with the NCSI and the Provincial or City Peace and Order Council Amnesty Centers (P/CPOC-ACs) within six months from the effectivity of Proclamation 1377.
Those who would apply are also required to turn over their firearms, without incurring any liability, within 30 days of their applications. Those who continue to keep their firearms maybe denied their application or their amnesty grant revoked.
A safe conduct pass by the P/CPOC-ACs shall also be issued to those who would apply. The pass provides them immunity from warrantless arrests for offenses covered under the proclamation.
The amnesty would cover crime of rebellion and those that were committed in pursuit of their political belief "as defined by jurisprudence, whether punishable under the Revised Penal Code or special laws."
Crimes against persons like rape, torture, kidnapping for ransom, use and trafficking of illegal drugs "and other crimes for personal ends and violations of international law or convention and protocols, even if alleged to have been committed in pursuit of political beliefs" are, however, not covered.
The proclamation added that members of the CPP-NPA-NDF and other communist rebel groups that may avail of the amnesty include those who are: currently detained, facing charges or convicted of crimes committed in pursuit of political belief; those whose crimes were committed on or before the date of effectivity of the proclamation; and those who previously applied for amnesty but were not considered "for having been made outside the reglementary period for filing."
Those who have already been granted amnesty under previous amnesty proclamations would no longer qualify under the current program.
The filing of an application, however, does not necessarily mean they would be granted amnesty. The NCSI would still process the applications and issue the corresponding Certificate of Amnesty to qualified applicants.
Under Proclamation 1377, the grant of amnesty would result in the extinguishing of any criminal liability for acts committed in pursuit of political beliefs, without prejudice to the grantee's civil liability for injuries or damages caused to private persons, and restore the grantee's civil and political rights lost or suspended by virtue of conviction for crime or crimes that are covered by the proclamation. (JMR/Sunnex)For more Philippine news, visit Sun.Star Zamboanga. (September 8, 2007 issue)
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