Title
Amnesty for Filipino Muslims in Rebellion
Law
Presidential Decree No. 497
Decision Date
Jun 28, 1974
Presidential Decree No. 497 grants amnesty to Filipino Muslims who have resisted the authorities in Mindanao and Sulu, aiming to restore peace and order, promote development, and contribute to the general welfare of the nation.

Conditions to obtain amnesty

  • Beneficiaries must lay down their arms and submit themselves to the Special Amnesty Commission.
  • Beneficiaries must submit themselves within 60 days from the promulgation of Presidential Decree No. 497.
  • Beneficiaries must take the oath of loyalty to the Republic of the Philippines.
  • Beneficiaries must oppose the intervention of any foreign power in the internal problems of the Philippines.

Reason and policy basis

  • Presidential Decree No. 497 is issued to restore peace and order in Mindanao and Sulu.
  • The decree is intended to prevent bloodshed and avoid unnecessary waste of time and effort.
  • The decree directs that the Government forgive and forego the prosecution of the specified crimes committed in pursuance of resistance against duly constituted authorities.

Issuance, authority, and effectivity

  • Presidential Decree No. 497 is issued June 28, 1974.
  • The President issues the decree by virtue of powers vested in him by Section 14, Article IX of the Constitution.
  • The decree takes effect upon promulgation for purposes of measuring the 60-day submission period to the Special Amnesty Commission.

Special Amnesty Commission creation

  • The decree creates the Special Amnesty Commission to determine which cases fall within the terms of the amnesty.
  • The Commission is composed of five (5) members, and the President appoints its members.
  • The Commission must examine the facts and circumstances surrounding each case.
  • If necessary, the Commission may conduct summary hearings of witnesses for both the complainant and the accused.
  • After investigating a case, if the Commission finds it falls within the terms of the decree, it must declare that finding and recommend to the President that amnesty be immediately granted to the accused.
  • Once amnesty is granted, the accused shall forthwith be released or discharged.

Dismissal of pending cases

  • Cases that are pending before fiscals, civil courts, and military tribunals against persons who are granted amnesty for any crime contemplated in Presidential Decree No. 497 must be dismissed motu proprio.
  • Dismissal must be done by the respective fiscals, civil courts, and military courts and/or tribunals.
  • Dismissal may also proceed upon petition by either the prosecution or the accused after amnesty is granted.
  • Dismissal applies to cases covering crimes contemplated in the decree.

Transitory filing deadline and implementation

  • The required act of submission to the Commission must be completed within 60 days from the promulgation of Presidential Decree No. 497.
  • The Commission’s role is to investigate and determine eligibility case-by-case based on facts and circumstances.
  • The Commission’s findings must result in a recommendation to the President for immediate grant of amnesty when the case is within the decree’s terms.

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