Amnesty/pardon proper
Page 3, Article IV Amnesty, Section 1
As a result of this Agreement, the members and supporters of the Second Party whose names appear in the list to be submitted by the Second Party to the First Party shall be granted a general and unconditional amnesty for all offenses committed in pursuit of their political beliefs upon issuance by the President of the Republic of the Philippines of an Amnesty Proclamation which shall take effect upon the concurrence by the Congress of the Republic of the Philippines.
Page 3, Article IV Amnesty, Section 2
Offenses covered by the amnesty shall refer to acts or omissions performed within the period of 22 February 1986 to the date of the signing of this Agreement by members and supporters of the Second Party as part of its plan, program of action, strategy or mission directed to overthrow and replace the duly-constituted authorities, with or without the use of arms, whether punishable under the Revised Penal Code, special laws, and/or Articles of War such as, but not limited to rebellion or insurrection, coup d’état, conspiracy and proposal to commit rebellion or rebellion, or coup d’état; disloyalty of public officers or employees; inciting to rebellion or insurrection, or coup d’état; sedition; conspiracy to commit sedition; inciting to sedition; illegal assembly; illegal association; direct assault; indirect assault; resistance to disobedience to a person in authority or the of such person; tumults and other disturbances of public order; unlawful use of publication and unlawful utterances; alarms and scandals; illegal possession of firearms, ammunitions, explosives, committed in furtherance of, incident to, or in connection with the crimes of rebellion or insurrection; piracy; infidelity in custody of prisoner; and violations of Articles 59 (desertion), 62 (absence without leave), 67 (mutiny or sedition), 68 (failure to suppress mutiny or sedition), 74 (releasing prisoner without proper authority), 84 (wilful or negligent loss, damage or wrongful disposition of military property), 85 (wasteful or unlawful disposition of military property issued to soldiers), 94 (various crimes), 96 (conduct unbecoming an officer and a gentleman), and 97 (genera! article) of the Articles of War; provided that, the amnesty shall not cover crimes against chastity and other crimes committed for personal ends.
Page 3, Article IV Amnesty, Section 3
Any member or supporter of the Second Party who has or might have committed the offenses enumerated in the preceding section and whose name may have been inadvertently omitted from the aforesaid list referred to in Section 1 of this Article may apply individually for amnesty as may be provided.
Page 4, Article V Disposition of the Military, Police and Civilian Government Personnel
Section 2
The disposition of all military police and civilian government personnel shall be in accordance with the following guidelines:
(a) All personnel who remained under military control and granted amnesty shall be restored to their status immediately prior to the date of commission of the offense subject of amnesty and evaluated in accordance with pertinent laws, rules, and regulations thereon.
(b) All personnel removed from the service and subsequently granted amnesty for the offenses which were the basis for removal from the service shall file individual manifestations stating therein the circumstances surrounding their particular case and the requested course of action for evaluation by the Ad Hoc Committee on Personnel Disposition.
(c) The grant of benefits to those personnel wounded in action resulting in partial or permanent disability, killed in action, died in detention or under circumstances in pursuit of political objectives prior to 23 December 1992 shall be considered for humanitarian purposes.
(d) Personnel whose cases are not covered in the foregoing guidelines shall be subject to individual review as provided for in Section 1 of this Article.
(e) In no case shall the offense for which the member of the Second Party has been granted amnesty be considered against his professional interest.
Page 4, Article V Disposition of the Military, Police and Civilian Government Personnel, Section 3
Upon the signing of this Agreement and until sixty (60) days from the concurrence of Congress to the Amnesty Proclamation, the Negotiating Panel of the First Party shall make representations to the following Government departments and Agencies for the purpose indicated:
(a) Department of Justice - to desist from prosecuting the case against members and supporters of the Second Party for offenses covered by this Agreement and not to oppose any motion for the suspension of the proceedings in such cases;
(b) Bureau of Immigration - to lift all orders prohibiting the entry to or departure from the country issued against members and supporters of the Second Party covered by this Agreement by reason of their involvement in the offenses contemplated in this Agreement other than those issued by courts of competent jurisdiction;
(c) Department of National Defense, Department of Interior and Local Government, Armed Forces of the Philippines and Philippine National Police - to desist from prosecuting court martial cases against the members and supporters of the Second Party for offenses covered by this Agreement and to delete their names in the order of battle and rewards list by reason of their involvement in the above-stated offenses and ensure compliance by all its instrumentalities on all personnel actions previously agreed upon by both Parties; and,
(d) All government agencies issuing clearances for legal purposes - to issue pertinent clearances to those include in the mutually agreed list and who have no pending case before any court of competent jurisdiction other than those covered under Section 2, Article IV of this Agreement.
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