MALACAÑAN PALACE
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
[ Memorandum Circular No. 105,September 26, 1986 ]
PROVIDING CLARIFICATORY GUIDELINES FOR THE PROCESSING OF AMNESTY MANIFESTATION FORMS OF REBEL RETURNEES PURSUANT TO EXECUTIVE ORDER NO. 350, DATED MARCH 13, 1989
WHEREAS, the grant of amnesty is a key feature of the Government’s National Reconciliation and Development Program constituted under Executive Order No. 103, dated December 24, 1986;
WHEREAS, Proclamation No. 80, dated February 28, 1987, granted amnesty in favor of all persons who, in the furtherance of their political beliefs, may have committed acts penalized by existing laws, and who were not in the custody of, or charged by, or undergoing investigations by, the authorities of the present administration as of February 28, 1987, provided that they file their applications for amnesty within six (6) months from February 28, 1987, or up to August 28, 1987;
WHEREAS, Proclamation No. 138, dated August 11, 1987, amended Proclamation No. 80, dated February 28, 1987, by extending the deadline for the filing of applications for amnesty up to February 28, 1988;
WHEREAS, government records indicated that a great number of persons have voluntarily returned to the fold of the law after the February 28, 1988 deadline and have manifested their desire to avail of the benefits of amnesty when the same becomes a reality under the 1987 Constitution;
WHEREAS, Executive Order No. 350, Series of 1989, provided guidelines governing the processing of manifestations of desire for amnesty pending the issuance of an amnesty proclamation that will become effective upon concurrence of the Congress;
WHEREAS, Section 1 of Executive Order No. 350, Series of 1989, authorized the filing of manifestations of desire for amnesty by any person who has returned of his own free will to the fold of the law from February 29, 1988, and who has not been in the custody of, or charged by, or undergoing investigations by, the authorities of the government as of March 13, 1989;
WHEREAS, it is necessary to clarify that Section 1 of Executive Order No. 350, Series of 1989, did not prescribe March 13, 1989, as a deadline for the filing of manifestations of desire for amnesty, since its original intention was to prescribe an open-ended period from February 29, 1988, for the filing of such manifestations until the issuance of an amnesty proclamation that will become effective upon concurrence of the Congress;
WHEREAS, Section 3 of Executive Order No. 350, Series of 1989, provided guidelines on where manifestations of desire for amnesty may be filed;
WHEREAS, it is necessary to clarify the guidelines under Section 3 of Executive Order No. 350, Series of 1989, in order to provide an efficient mechanism for the processing of manifestations of desire for amnesty;
WHEREAS, there is likewise a need to clarify the applicability of Executive Order No. 350, Series of 1989, to rebel returnees who were members of the Armed Forces of the Philippines or the Integrated National Police, and to provide a mechanism for the processing of their manifestations of desire for amnesty;
Accordingly, the following clarificatory guidelines are hereby prescribed for the processing of manifestations of desire for amnesty under Executive Order No. 350, Series of 1989:
1. Manifestations of desire for amnesty filed by rebel returnees on or after February 29, 1988, shall be accepted without specific deadline until the issuance of an amnesty proclamation that will become effective upon concurrence of the Congress, provided that such rebel returnees are not in the custody of, or charged by, or undergoing preliminary or pre-trial investigation by the civil, judicial or military authorities for any crime or offense committed in furtherance of their political beliefs;
2. Manifestations of desire for amnesty by civilian rebel returnees, which are received or filed with a military unit/office of the Provincial/City/Municipal Peace and Order Council (POC), shall be immediately forwarded to the Bayanihan Center (BC) concerned for initial processing. Thereafter, the BC shall forward the accomplished Manifestation Favoring Amnesty and Pledge of Allegiance forms to the Provincial Commander (PC) concerned for record verification. After completion of the record verification, the PC shall without delay forward the manifestation and pledge of allegiance and all allied papers to the Province/City Reconciliation Processing Committee (RPC) for action pursuant to Section 4 of Executive Order No. 350, Series of 1989;
3. Manifestations of desire for amnesty by rebel returnees who were members of the Armed Forces of the Philippines or the Integrated National Police, which are filed or received by any Military Unit/Bayanihan Center/Office of the Provincial/City/Municipal Peace and Order Council (POC), shall be immediately forwarded to the Office of the Civil Relations Service (AFP) for processing and record verification by an AFP Reconciliation Processing Committee to be composed of the Commander, CRS AFP as Chairman, with the Judge Advocate General (AFP) and Chief, Intelligence Service AFP, as members. Thereafter, the processed Manifestations Favoring Amnesty (NRDC Form 1), accomplished Pledges of Allegiance (NRDC Form 2) and Certifications (NRDC Form 4) shall be forwarded to the Secretariat, National Reconciliation and Development Council (NRDC), through the Chief of Staff (AFP) and the Secretary of National Defense. The Chief of Staff (AFP) shall provide a Secretariat for the handling of all activities of the AFPRPC;
4. The National Reconciliation and Development Council (NRDC) shall provide military units Provincial/City/Municipal/POCs sufficient printed copies of Manifestation Favoring Amnesty (NRDC Form 1) and Pledge of Loyalty and Allegiance (NRDC Form 2). It shall also provide the Reconciliation Processing Committee (RPC) sufficient printed copies of Certificates (NRDC Form 3). All these forms shall be provided without charge to the person desiring to file his Manifestation Favoring Amnesty. The NRDC forms shall also be printed in the local dialect of the place and known to the person manifesting his desire for amnesty. The NRDC shall also provide the BCs and RPCs necessary funds for the cost of the ID pictures to be attached to the NRDC forms and other needed supplies and equipment;
5. Verification of the activities of the rebel returnee shall be the responsibility of the Provincial Commander concerned. Verification of the pending cases before the civil judicial authorities, if any, against such rebel returnee shall be the responsibility of the Provincial/City Prosecutor; and
6. The AFP RPC shall furnish the Secretariat, NRDC, through the Chief of Staff, AFP and the Secretary of National Defense, Monthly Reports of Certifications issued by it during the month, per Section 4(d) of Executive Order No. 350, Series of 1989, as well as the number, type and caliber of firearms, weapons, armaments or explosive brought in by the rebel military/police elements.
This Memorandum Circular shall take effect immediately.1aшphi1
DONE in the City of Manila, this 26th day of September, in the year of Our Lord, Nineteen Hundred and Eighty-Nine.
ANNEX 1
NATIONAL RECONCILIATION AND
DEVELOPMENT COUNCIL
NEDA, Amber Avenue
Pasig, Metro Manila
MANIFESTATIONS FAVORING AMNESTY
I, ______________________________________, _________ years old, single/married to _________________________________________________, resident of __________________________________________________________, hereby express my desire for amnesty.
__________________________
(Applicant)
__________________________
(Date Applied)
____________________________
(Where Applied)
ANNEX 2
NATIONAL RECONCILIATION AND
DEVELOPMENT COUNCIL
NEDA, Amber Avenue
Pasig, Metro Manila
PLEDGE OF LOYALTY AND ALLEGIANCE
I, ______________________________________, ________ years old, single/married to _________________________________ and a resident of having returned voluntarily to the fold of the law and manifested my desire for amnesty, do hereby pledge that I will bear true faith and allegiance to, and recognize and accept the supreme authority of, the Republic of the Philippines; that, I will support and defend the new Constitution; that I will obey the laws and legal orders promulgated by the duly constituted authorities of the Republic of the Philippines; and that I impose this obligation upon myself voluntarily without mental reservation or purpose of evasion.
With this pledge, I hereby assume and take upon myself the duties and obligations of a peaceful and law-abiding citizen of the Republic of the Philippines.
SO HELP ME GOD.
_______________________________
Provincial Governor/City Mayor
Chairman
SUBSCRIBED AND SWORN to before me this _____ day of ________, 1989, at ________________________, Philippines.
___________________________
Provincial/City Fiscal
ANNEX 3
NATIONAL DEVELOPMENT AND
DEVELOPMENT COUNCIL
NEDA, Amber Avenue
Pasig, Metro Manila
RECONCILIATION PROCESSING COMMITTEE
PROVINCE/CITY OF _____________________
C E R T I F I C A T I O N
THIS IS TO CERTIFY THAT ____________________________________, ______ years old, single/married to __________________________, a resident of ____________________________________________________, has expressed a desire for amnesty and pledged loyalty and allegiance to the Republic of the Philippines, and has been determined (not to have committed any crime or offense punishable by law) (to come) (not to come) within the purview of the processing of Reconciliation Guidelines prescribed in Executive Order No. _____, dated ____________________.
GIVEN this _____ day of __________, 198__, at ___________ _____________________________.
___________________________
Provincial Governor/City Fiscal
___________________________
Provincial Commander | ___________________________
Provincial/City Fiscal
Member |
________________________
Rep., IBP Local Chapter |
___________________________
Rep., Peace & Order Council
Province/City of _____________ |
ANNEX 4
NATIONAL RECONCILIATION AND
DEVELOPMENT COUNCIL
NEDA, Amber Avenue
Pasig, Metro Manila
AFP RECONCILIATION PROCESSING COMMITTEE
C E R T I F I C A T I O N
THIS IS TO CERTIFY THAT _______________________________, _______ years old, single/married to ________________________________, a resident of ___________________________________________________, has expressed a desire for amnesty and pledged loyalty and allegiance to the Republic of the Philippines, and has been determined (not to have committed any crime or offense punishable by law) (to come) (not to come) within the purview of the processing of Reconciliation Guidelines prescribed in Executive Order No. _______, dated ______________________.
GIVEN this _______ day of __________, 198__, at _______________ _________________________________.
_____________________________
Commander, Civil Relations
Service, AFP
Chairman
_____________________________
The Judge Advocate General, AFP
Member
_____________________________
Commander, Intelligence Service, AFP
Member
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