92 OG No. 31, 4765 (July 29, 1996) / (NAR) VOL. 7 NO. 2 / APRIL-JUNE 1996
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'état; conspiracy and proposal to commit
rebellion or insurrection or coup d'état; 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
By the President:
(SGD.) RUBEN D. TORRES
Executive SecretaryANNEX "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 ____________.
_____________
(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