GENERAL SANTOS CITY (MindaNews / 21 July) – The National Amnesty Commission (NAC) welcomed Friday the recommendation from some members of the Bangsamoro Parliament to extend the application period for the grant of amnesty for members of the Moro Islamic Liberation Front (MILF) and the Moro National Liberation Front (MNLF).
Early this week, Deputy Parliament Speaker Atty. Lanang Ali Jr. and several other Members of Parliament called on President Ferdinand Marcos Jr. to grant an extension for members of the two Moro fronts to apply for amnesty, and grant them blanket amnesty, as part of efforts to sustain the gains of the Bangsamoro peace process.
“We welcome the call for the President to extend the application period for the granting of amnesty to MILF and MNLF members. It is a valid and reasonable request,” NAC Chairperson Atty. Leah Tanodra-Armamento said in a statement.
Armamento said that those who are eligible to apply for amnesty under the existing proclamations are individual members of the MNLF or MILF who have committed the enumerated crimes defined under the Revised Penal Code or Special laws, in furtherance of their political beliefs.
“Amnesty is granted to a person, not to an association because a criminal act is personal. An association cannot commit a crime, thus even a corporation which is a juridical person is not liable for the criminal acts. Instead, it is the natural persons behind the corporation that are liable for the crime committed,” she said.
Armamento said the amnesty proclamations enumerated the specific crimes subject of the reprieve.
“Acts other than those enumerated are not covered by amnesty,” she said.
Armamento noted that Under Section 19, Article VII of the Philippine Constitution, the President has the power to “grant amnesty with the concurrence of majority of all the members of the Congress.”
Bangsamoro Parliament Deputy Floor Leader Mary Ann Arnado appealed to Marcos to address the extension of application and implementation of the amnesty program for members of the two Moro fronts during his State of the Nation Address on July 24.
“By granting them blanket amnesty (for waging an armed revolution against the government), you remove the sword hanging over their heads that they can be arrested anytime. Amnesty is about forgiveness,” she said.
As a public act of the President, Armamento said that the granting of amnesty is a reflection of the national government’s vision of achieving reconciliation and unity and thus “should only cover offenses that are politically-motivated and affecting the national interest.”
“Blanket amnesty will defeat this purpose, as it will obliterate criminal liabilities for crimes committed by private individuals with self-serving interests. Consequently, this will have an adverse impact on the nation’s quest for justice,” she said.
Commissioner Atty. Jamar Kulayan, for his part, said: “The NAC ensures expeditious but cautious processing of amnesty applications since we have to do a delicate balancing act between the state’s obligation under international law to protect or promote human rights and the government’s commitment to peace, reconciliation and unity.”
“And for sure we do not want the sword of Damocles forever hanging over the heads of our former combatants and rebels. We want them to fully enjoy their civil and political rights,” he said, adding that, “Our mandate under EO 125 and the corresponding proclamations specifically envisioned an individual application and limited only to crimes mentioned as subject to amnesty.”
The NAC is tasked to receive and process applications for amnesty submitted through the Local Amnesty Board, and determine whether the applicants are entitled to amnesty under Proclamation Nos. 1090, 1091, 1092, or 1093.
The said proclamations, issued by former President Rodrigo Duterte, were concurred by the House of Representatives (HoR) and the Senate on Jan 24, 2022, except for 1093 which was concurred by the HoR only.
The proclamations cover the amnesty applications of MILF (1090), MNLF (1091), and Rebolusyonaryong Partidong Manggagawa ng Pilipinas/Revolutionary Proletarian Army/Alex Boncayao Brigade-Tabara Paduano Group (RPM-P/RPA/ABB-TPG) or KAPATIRAN members (1092).
Under Proclamation 1090, amnesty does not cover members of the MILF who were involved in cases related to kidnap-for-ransom, massacre, rape, terrorism and other crimes against chastity.
It also does not include crimes done for personal ends, drug-related crimes, and crimes the United Nations considers as ineligible for amnesty: genocide, crimes against humanity, war crimes, torture, enforced disappearances, and other human rights violations.
The year-long period for amnesty applications lapsed on January 24, 2023.
Presidential Peace Adviser Carlito G. Galvez, Jr. revealed that the Office of the Deputy Executive Secretary for Legislative Affairs (ODESLA) is currently studying the proposal to extend the application period for the granting of amnesty to former rebels until the end of the Bangsamoro transition on June 30, 2025.
“The proposal is now being reviewed by the ODESLA. It is in the best position to determine the legality of the proposal. We in the NAC are confident its recommendation will be favorable for all parties, especially for the former rebels,” Galvez said in the same statement.
He said that the granting of amnesty to former rebels will not only “give them relief for the crimes they have committed, but more importantly, provide an opportunity for them to rebuild their lives.”
“Under the Marcos administration’s banner of unity, the national government is leaving no stone unturned in reaching out to these former rebels and helping them become peaceful, productive and law-abiding members of society,” Galvez said.
The granting of amnesty, he noted, is among the key components of the Transitional Justice and Reconciliation under the Normalization Program for former rebels, which will enable them to make the successful transition to mainstream society and walk the path of peace.
“Through our Amnesty Program, the national government wants to demonstrate to these former rebels that they have made the right decision in laying down their arms and returning to the folds of the law,” Galvez said. (Bong S. Sarmiento / MindaNews)