Members of rebel groups will be carefully screened before the grant of amnesty under President Duterte’s proclamations that would be enforced upon concurrence of the majority members of Congress.
Department of Justice (DoJ) Secretary Menardo I. Guevarra on Wednesday said “the most fundamental criterion (in amnesty grant) is whether or not the offense committed by the subject individual was in pursuit of a political objective.”
The envisioned amnesty under the proclamations, however, will not be granted to those who have been charged under the country’s Anti-Terrorism Act (ATA) of 2020.
Also not included in the amnesty are crimes such as kidnap-for-ransom, massacre, rape, terrorism, grave violations of the Geneva Convention of 1940, genocide, crimes against humanity, war crimes, torture, enforced disappearances, and other gross violations of human rights.
“I will ask the national prosecution service to do an inventory of cases pending investigation and/or trial involving these classes of people covered by the amnesty proclamations,” said Guevarra.
“But dismissals of these cases are not automatic,” he pointed out.
The President’s proclamations issued last February 5 grant amnesty for members of the Moro Islamic Liberation Front (MILF), Moro National Liberation Front (MNLF), the Rebolusyonaryong Partido ng Manggagawa ng Pilipinas/ Revolutionary Proletarian Army/Alex Boncayao Brigade (RPMP-RPA-ABB), and former rebels under of the communist group.
The President has also created a commission to receive and process applications for amnesty, and to determine whether applicants are entitled to amnesty under the proclamations.
Guevarra said “the Amnesty Commission will still determine the rules” and “persons who may be eligible for amnesty shall be carefully screened and evaluated by the Amnesty Commission to determine if they actually qualify for amnesty which, incidentally, requires the concurrence of the Congress.”
The members of the rebel or communist groups may file an application for amnesty provided the crimes were committed prior to the issuance of the proclamations, he said.