Administrative Order No. 359




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ ADMINISTRATIVE ORDER NO. 359, March 21, 1974 ] AMENDING ADMINISTRATIVE ORDER NO. 349 CREATING AMNESTY COMMISSIONS Pursuant to Presidential Decree No. 95, dated January 11, 1973, I, FERDINAND E. MARCOS, do hereby amend Administrative Order No. 349, creating Amnesty Commissions, so as to read as follows: “Pursuant to Presidential Decree No. 95, dated January 11, 1973, I, FERDINAND E. MARCOS, in my capacity as Commander-in-Chief of the Armed Forces of the Philippines and pursuant to Proclamation No. 1081, dated September 21, 1972 and General Order No. 1, dated September 22, 1972, as amended, do hereby create nine (9) Amnesty Commissions with the following composition and territorial jurisdiction: First Commission – for the provinces of North Cotabato, Maguindanao, Sultan Kudarat and South Cotabato and the cities of Cotabato and General Santos: The Provincial Fiscal of the province of North Cotabato to be designated by the Secretary of Justice – Chairman; The Provincial Commander of the Cotabato Constabulary Command – Member; The military lawyer to be designated by the Secretary of National Defense – Member. Second Commission – for the province of Lanao del Norte and the city of Iligan; The Provincial Fiscal of the province of Lanao del Norte to be designated by the Secretary of Justice – Chairman; The Provincial Commander of Lanao del Norte Constabulary Command – Member; The military lawyer to be designated by the Secretary of National Defense – Member. Third Commission – for the province of Lanao del Sur and city of Marawi: The Provincial Fiscal of the province of Lanao del Sur to be designated by the Secretary of Justice – Chairman; The Provincial Commander of Lanao del Sur Constabulary Command – Member; The military lawyer to be designated by the Secretary of National Defense – Member. Fourth Commission – for the province of Zamboanga del Sur and the cities of Pagadian and Zamboanga: The Provincial Fiscal of the province of Zamboanga del Sur to be designated by the Secretary of Justice – Chairman; The Provincial Commander of Zamboanga del Sur Constabulary Command – Member; The military lawyer to be designated by the Secretary of National Defense – Member. Fifth Commission – for the province of Zamboanga del Norte and the cities of Dipolog and Dapitan. The Provincial Fiscal of the province of Zamboanga del Norte to be designated by the Secretary of Justice – Chairman; The Provincial Commander of the Zamboanga del Norte Constabulary Command – Member; The military lawyer to be designated by the Secretary of National Defense – Member. Sixth Commission – for the province of Palawan: The Provincial Fiscal of the province of Palawan to be designated by the Secretary of Justice – Chairman; The Provincial Commander of the Palawan Constabulary Command – Member; The military lawyer to be designated by the Secretary of National Defense – Member. Seventh Commission – for the province of Sulu and the province of Tawi-Tawi: The Provincial Fiscal of the province of Sulu to be designated by the Secretary of Justice – Chairman; The Provincial Commander of the Sulu Constabulary Command – Member; The military lawyer to be designated by the Secretary of National Defense – Member.£A⩊phi£ Eighth Commission – for the province of Basilan and the city of Basilan: The City Fiscal of Basilan City to be designated by the Secretary of Justice – Chairman; The Commanding Officer of the 464th Philippine Constabulary Company – Member; The military lawyer to be designated by the Secretary of National Defense – Member. Ninth Commission – for those cases which have been referred to the military authorities on or before February 28, 1973 for trial or with a view to trial by military tribunals: The Judge Advocate General, Armed Forces of the Philippines – Chairman; The Constabulary Judge-Advocate General – Member; The representative of the Secretary of Justice to be designated by him – Member. The Amnesty Commissions herein created shall examine the facts and circumstances surrounding each case and may conduct summary hearings as may be necessary. The decision or resolution on any given case need not state the facts in detail but merely and briefly the grounds upon which it is based. Cases already on appeal may be passed upon by the Amnesty Commissions. Any reasonable doubt as to whether a given case falls within the proclamation shall be resolved in favor of the persons applying for amnesty. The Provincial or City Fiscal, as the case may be, who shall be the Chairman of each commission shall make available such stenographers and employees of his sala as may be needed by his commission. Should the position of Chairman of a commission become vacant by reason of death, incapacity, resignation or transfer, the same shall be filled by the Secretary of Justice, who shall appoint another Fiscal to the position. In the event of temporary incapacity of the Chairman, the Secretary of Justice may likewise designate another Fiscal who shall act as Chairman for the duration of the incapacity of the regularly appointed Chairman. Vacancies in the membership of the commission held by the Provincial Commander shall be filled by the succeeding Provincial Commander appointed. Vacancies in the membership held by a military lawyer shall be filled by the Secretary of National Defense who shall appoint another military lawyer thereto.” This Order shall take effect within seven days from the promulgation hereof. Done in the City of Manila, this 21st day of March, in the year of Our Lord, nineteen hundred and seventy-four. (Sgd.) FERDINAND E. MARCOS President of the Philippines By the President (Sgd.) ALEJANDRO MELCHOR Executive Secretary The Lawphil Project - Arellano Law Foundation