[ PROCLAMATION NO. 723, May 17, 1996 ]
GRANTING AMNESTY TO MEMBERS AND SUPPORTERS OF THE REBOLUSYONARYONG ALYANSANG MAKABANSA - SOLDIERS OF THE FILIPINO PEOPLE - YOUNG OFFICERS UNION (RAM-SFP-YOU) WHO HAVE OR MAY HAVE COMMITTED CRIMES AGAINST PUBLIC ORDER, VIOLATIONS OF THE ARTICLES OF WAR AND OTHER CRIMES COMMITTED IN FURTHERANCE OF POLITICAL ENDS
WHEREAS, consistent with the terms of Executive
Order No. 125, series of 1993, "Defining The Approach And Administrative
Structure For Government's Comprehensive Peace Efforts," the Government
engaged in formal peace negotiations with the Rebolusyonaryong
Alyansang Makabansa - Soldiers of the Filipino People - Young Officers'
Union (RAM-SFP-YOU), "for the attainment of a just, comprehensive and
lasting peace under the Rule of Law and in accordance with
Constitutional processes";
WHEREAS, as identified in the said Order, addressing the legal status and security of former rebels is an integral component to the successful prosecution of the comprehensive peace process; and,
WHEREAS, the Government of the Republic of the Philippines signed a General Agreement on Peace with the RAM-SFP-YOU on 13 October 1995 which provides for, among others, the grant of amnesty to the members and supporters of the RAM-SFP-YOU as an integral part of a negotiated settlement;
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the Philippines, by virtue of the powers vested in me by Section 19, Article VII of the Constitution, do hereby declare and proclaim:
SECTION 1. Grant of Amnesty. - Amnesty is hereby granted to members and supporters of the RAM-SFP-YOU whose names are included in a list that will be mutually agreed upon between the Panels of the Government of the Republic of the Philippines and the RAM-SFP-YOU, who, within the period of 22 February 1986 to 23 December 1992, have or may have committed crimes in pursuit of political beliefs, whether punishable under the Revised Penal Code or special laws, including but not limited to the following: rebellion or insurrection, or coup d' tat; conspiracy and proposal to commit rebellion or insurrection or coup d' tat; 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 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 committed in furtherance of, incident to, or in connection with the crimes of rebellion or insurrection; piracy; infidelity in custody of prisoner; and violations of Articles 59 (desertion), 62 (absence without leave), 67 (mutiny or sedition), 68 (failure to suppress mutiny or sedition), 74 (releasing prisoner without proper authority), 84 (willful or negligent loss, damage or wrongful disposition of military property), 85 (wasteful or unlawful disposition of military property issued to soldiers), 94 (various crimes), 96 (conduct unbecoming an officer and a gentleman), and 97 (general article) of the Articles of War; Provided that, the amnesty shall not cover acts of torture, massacre, rape, and other crimes committed against chastity and crimes committed for personal ends.
SECTION 2. Effects. - Amnesty under this Proclamation shall extinguish any criminal liability for acts committed in pursuit of political belief, without prejudice to the grantee's civil liability for injuries or damages caused to private persons whose right to be indemnified is fully recognized herein. The grant of amnesty shall also effect the restoration of civil or political rights suspended or lost by virtue of criminal conviction.
SECTION 3. Acceptance. - No condition shall be imposed for the grant of amnesty to those found to be qualified therefor, and shall be effective upon their submission, within sixty (60) days from notice, of individual manifestations accepting the grant in the form prescribed and attached hereto as Annex "A".
SECTION 4. Individual Applicants. - Individuals who are not in the list referred to in Section 1 hereof, may apply for amnesty as may be provided under Proclamation No. 347 dated 25 March 1994, as amended.
SECTION 5. Effectivity. - This Proclamation shall take effect upon concurrence by a majority of all the Members of the Congress.
Adopted: 17 May 1996
By the President:
(SGD.) RUBEN D. TORRES
Executive Secretary
ANNEX "A"
REBOLUSYONARYONG ALYANSANG MAKABANSA-SOLDIERS OF THE FILIPINO PEOPLE-YOUNG OFFICERS' UNION
Acceptance of the Amnesty
Granted by the Government of the
Republic of the Philippines
I, _____ name _____, of legal age, Filipino, single/married, and residing at ________________, hereby state that:
1. I am a bona fide member of the Rebolusyonaryong Alyansang Makabansa-Soldiers of the Filipino People Young Officers' Union (RAM-SFP-YOU);
2. I, am the same _____ name _____ included in the list of RAM-SFP-YOU members and supporters granted amnesty;
3. I hereby confirm the inclusion of my name in the said list and accept without reservation the amnesty extended by the President of the Republic of the Philippines through Proclamation No. ___ dated ______ 1996.
Done this _____ day of _____ 1996 at ____________.
Attested by:
BGen. Edgardo M. Abenina
Chairman, RAM-SFP-YOU Panel
SUBSCRIBED AND SWORN to before me this ____ day of _______ 1996 at ______________.
WHEREAS, as identified in the said Order, addressing the legal status and security of former rebels is an integral component to the successful prosecution of the comprehensive peace process; and,
WHEREAS, the Government of the Republic of the Philippines signed a General Agreement on Peace with the RAM-SFP-YOU on 13 October 1995 which provides for, among others, the grant of amnesty to the members and supporters of the RAM-SFP-YOU as an integral part of a negotiated settlement;
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the Philippines, by virtue of the powers vested in me by Section 19, Article VII of the Constitution, do hereby declare and proclaim:
SECTION 1. Grant of Amnesty. - Amnesty is hereby granted to members and supporters of the RAM-SFP-YOU whose names are included in a list that will be mutually agreed upon between the Panels of the Government of the Republic of the Philippines and the RAM-SFP-YOU, who, within the period of 22 February 1986 to 23 December 1992, have or may have committed crimes in pursuit of political beliefs, whether punishable under the Revised Penal Code or special laws, including but not limited to the following: rebellion or insurrection, or coup d' tat; conspiracy and proposal to commit rebellion or insurrection or coup d' tat; 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 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 committed in furtherance of, incident to, or in connection with the crimes of rebellion or insurrection; piracy; infidelity in custody of prisoner; and violations of Articles 59 (desertion), 62 (absence without leave), 67 (mutiny or sedition), 68 (failure to suppress mutiny or sedition), 74 (releasing prisoner without proper authority), 84 (willful or negligent loss, damage or wrongful disposition of military property), 85 (wasteful or unlawful disposition of military property issued to soldiers), 94 (various crimes), 96 (conduct unbecoming an officer and a gentleman), and 97 (general article) of the Articles of War; Provided that, the amnesty shall not cover acts of torture, massacre, rape, and other crimes committed against chastity and crimes committed for personal ends.
SECTION 2. Effects. - Amnesty under this Proclamation shall extinguish any criminal liability for acts committed in pursuit of political belief, without prejudice to the grantee's civil liability for injuries or damages caused to private persons whose right to be indemnified is fully recognized herein. The grant of amnesty shall also effect the restoration of civil or political rights suspended or lost by virtue of criminal conviction.
SECTION 3. Acceptance. - No condition shall be imposed for the grant of amnesty to those found to be qualified therefor, and shall be effective upon their submission, within sixty (60) days from notice, of individual manifestations accepting the grant in the form prescribed and attached hereto as Annex "A".
SECTION 4. Individual Applicants. - Individuals who are not in the list referred to in Section 1 hereof, may apply for amnesty as may be provided under Proclamation No. 347 dated 25 March 1994, as amended.
SECTION 5. Effectivity. - This Proclamation shall take effect upon concurrence by a majority of all the Members of the Congress.
Adopted: 17 May 1996
(SGD.) FIDEL V. RAMOS
President of the Philippines
President of the Philippines
By the President:
(SGD.) RUBEN D. TORRES
Executive Secretary
ANNEX "A"
Acceptance of the Amnesty
Granted by the Government of the
Republic of the Philippines
I, _____ name _____, of legal age, Filipino, single/married, and residing at ________________, hereby state that:
1. I am a bona fide member of the Rebolusyonaryong Alyansang Makabansa-Soldiers of the Filipino People Young Officers' Union (RAM-SFP-YOU);
2. I, am the same _____ name _____ included in the list of RAM-SFP-YOU members and supporters granted amnesty;
3. I hereby confirm the inclusion of my name in the said list and accept without reservation the amnesty extended by the President of the Republic of the Philippines through Proclamation No. ___ dated ______ 1996.
Done this _____ day of _____ 1996 at ____________.
_____________
(Name)
Grantee
(Name)
Grantee
Attested by:
BGen. Edgardo M. Abenina
Chairman, RAM-SFP-YOU Panel
SUBSCRIBED AND SWORN to before me this ____ day of _______ 1996 at ______________.
Administering Officer