QuestionsQuestions (PRESIDENTIAL DECREE NO. 497)
Presidential Decree No. 497 is a presidential issuance granting “full and complete amnesty” to specified Filipino Muslims who committed certain offenses in rebellion/secession/subversion/treason, with the purpose of restoring peace and order in Mindanao and Sulu and encouraging surrender and reintegration into civilian life.
The decree covers acts penalized under existing laws that are committed in furtherance of resistance to duly constituted authorities—specifically offenses involving rebellion, secession, subversion, or treason.
Beneficiaries are Filipino Muslims who committed the covered acts in the specified provinces/cities and who lay down their arms and submit themselves to the Special Amnesty Commission within the required period.
It covers acts committed in enumerated provinces (e.g., North Cotabato, South Cotabato, Sultan Kudarat, Maguindanao, Lanao del Norte, Lanao del Sur, Zamboanga del Norte, Zamboanga del Sur, Basilan, Sulu, Tawi-Tawi, Palawan) and enumerated cities (e.g., Cotabato, General Santos, Iligan, Marawi, Zamboanga, Pagadian, Basilan, Dipolog, Dapitan).
They must lay down their arms and submit themselves to the Special Amnesty Commission within 60 days from the promulgation of the decree.
The Special Amnesty Commission examines facts and circumstances, may conduct summary hearings, investigates each case, and if it finds the case within the decree’s terms, it declares and recommends to the President that amnesty be immediately granted.
The commission is composed of five (5) members appointed by the President. It examines each case, may conduct summary hearings, investigates, and determines whether it falls within the decree; then it recommends to the President that amnesty be granted and that the accused be released or discharged.
Beneficiaries must submit themselves to the Special Amnesty Commission within 60 days from June 28, 1974 (promulgation). The decree also sets processes for investigation and recommendation, but it does not provide specific deadlines for the commission’s actions beyond the 60-day submission requirement.
Cases now pending before fiscals, civil courts, and military tribunals against persons granted amnesty shall be dismissed motu propio by the respective authorities, upon petition by either the prosecution or the accused after the grant of amnesty by the President.
No. The decree covers persons against whom charges have been filed before courts or who may have charges filed in the future, and it provides for investigation by the commission and dismissal of pending cases after amnesty is granted.
The Commission investigates and recommends. The amnesty is granted by the President (the decree repeatedly states “after the grant of the amnesty by me” and requires recommendation to the President that amnesty be immediately granted).
It indicates that the decree is intended to fully forgive and forego prosecution for the covered crimes committed in furtherance of the rebellion/secession/subversion/treason, conditioned on surrender and submission requirements and the commission’s determination that the case falls within the decree.
It cites “Section 14, Article IX of the Constitution” as the authority for the President to declare and proclaim amnesty.
The coverage for acts committed is limited to those committed prior to the promulgation of PD 497 (i.e., before June 28, 1974), though it addresses charges filed or to be filed related to those acts.
The decree states that the government will forgive and forego prosecution of the covered misguided Muslim Filipinos for all crimes committed against duly constituted authorities in pursuance of the rebellion or secession, and mandates dismissal of pending cases after amnesty is granted.