Marcos grants amnesty to insurgent, rebel group members

MANILA, Philippines — Former and current members of insurgent and rebel groups who committed crimes in "pursuit of political beliefs" were granted amnesty by President Ferdinand Marcos Jr. through an executive order and several proclamations, Malacañang said on Friday.

On November 22, Executive Secretary Lucas Bersamin signed Executive Order (EO) No. 47 which made revisions to Executive Order No. 125 from 2021, establishing the National Amnesty Commission (NAC).

Marcos said that there is a necessity to revise and modernize the NAC's functions to encompass the processing of amnesty applications in accordance with the newly-issued proclamations.

“There is hereby created the National Amnesty Commission, hereinafter referred to as the Commission, which shall be primarily tasked with receiving and processing applications for amnesty and determining whether the applicants are entitled to amnesty under Proclamation Nos. 403, 404, 405 and 406,” the president's EO read.

Under Proclamation 403, 404, 405, and 406 issued on November 22, Marcos granted amnesty to those who “committed crimes in pursuit of political beliefs,” whether it’s punishable under special penal laws of the Revised Penal Code.

The proclamations grants amnesty to former members of the Communist Party of the Philippines-New People’s Army-National Democratic Front, Partido ng Manggagawa ng Pilipinas/Revolutionary Proletarian Army/Alex Boncayao Brigade and members of the Moro Islamic Liberation Front and Moro National Liberation Front.

The amnesty covers the following offenses to which some are defined under R.A. 11479 or the Anti Terrorism Act of 2020:

• Rebellion or insurrection 
• Conspiracy and proposal to commit rebellion or insurrection
• 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, provided that these crimes or offenses were committed in furtherance of, incident to, or in connection with the crimes of rebellion or insurrection.

Additionally included are individuals accused, held in custody, or found guilty of common crimes, yet they can provide substantial proof that they committed these crimes in the pursuit of their political beliefs.

Those seeking amnesty must also acknowledge their culpability for the offense for which they bear criminal liability.

The proclamations defined "crimes committed in pursuit of a political belief" as "acts and omissions performed or undertaken as part of a plan, program of action or strategy decided by the rebel leadership to overthrow and replace the National Government, any of its political subdivisions, or duly constituted authority, with or without the use of arms."

A former member of an insurgent or rebel group was also referred to as an individual who surrendered to government authorities and formally abandoned their involvement in "rebellious activities."

However, the amnesty does not cover kidnap for ransom, massacre, rape, terrorism, crimes committed against chastity as defined in the Revised Penal Code, violation of RA No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, grave violations of the Geneva Convention of 1949, and genocide, crimes against humanity, war crimes, torture, enforced disappearances, and other gross violations of human rights.

The proclamations also mentioned individuals previously granted amnesty through prior proclamations would be ineligible to seek amnesty under the current proclamation.

They also have to surrender firearms, weapons, and explosives that are still in their possession upon application for amnesty.