MikeLigalig.com

By Rey Anthony Chiu
PIA Bohol

Even as the government is drafting the implementing rules and regulations on the pending national amnesty program, the country’s top peace adviser said they are looking at a P100T package of assistance to returning rebels.

Presidential adviser on the Peace Process Secretary Jesus Dureza said the sum the government would be giving to a rebel returnee should be enough starting fund to start a new life and a possible “new identity.”

The P100T would include a sum for the Balik Baril program, a possible settlement share for any civil case the rebel surrenderee has accrued while he was in the movement, some livelihood starting funds and a little bit more package of benefits he may need, Dureza explained.

The package is also what Executive Secretary Eduardo Ermita said as government’s initial steps in providing [the former rebels] access to the government’s existing socio-economic services, things Malacanang consider as essential to attaining peace and reconciliation in the country.

It may be recalled that pending a concurrence by Congress, Proclamation 1377 could be availed by those who used to be members of the Communist Party of the Philippines-New People’s Army-National Democratic Front (CPP-NPA-NDF) as well as other communist rebel groups in the country.

Covered under the amnesty are crimes of rebellion and all other crimes incident to in pursuit of political belief as defined by jurisprudence, whether punishable under the Revised Penal Code or special laws.

Not covered by the amnesty however are crimes against chastity, rape, torture, kidnapping for ransom, use and trafficking of illegal drugs and other crimes for personal ends.

Also not covered by the blanket protection are crimes against international law or convention and protocols, even if alleged to have been committed in pursuit of political beliefs.

For members of the CPP-NPA-NDF and other communist rebel groups who file the application under oath with the National Committee on Social Integration (NCSI) and the Provincial or City Peace and Order Council Amnesty Centers (P/CPOC-ACs) within six months of the program period, they could avail of the program.

The amnesty also may cover applicant who earlier applied under previous proclamations but who failed to make it on the cut-off dates.
 
As the amnesty issues to the rebel returnees a clean slate where all their political crimes are “forgotten,” it however does not restore his civil or political rights, Dureza said.

With the amnesty, even those with pending cases without any decision from any competent court may cite the amnesty in court as a factor for dismissal.

The granting of the amnesty qualifies the applicant for an issuance of a safe conduct pass by the Provincial or City Peace and Order Council Amnesty Center (P/CPOC-AC), the Pass grants him the immunity from warrant-less arrests for offenses covered with the Proclamation.

When issued the pass, the National Committee on Social Integration (NSCI) issues the corresponding Certificate of Amnesty to qualified applicants after deliberations.

The amnesty decree is part of the social integration program for former rebels as provided under Administrative Order No. 172 which the President issued on March 23, 2007.


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