Law Summary
Authority and Basis for the Decree
- The decree is issued pursuant to Proclamations No. 1081 and No. 1104 and Presidential Decrees No. 95 and No. 124.
- It is promulgated by the President of the Philippines in his capacity as Commander-in-Chief of the Armed Forces.
- The measure aims to accelerate the restoration of peace and order and unify the people by securing them from violence.
Scope and Coverage
- Covers all persons who have applied for amnesty under the specified Presidential Decrees, including those who may have committed offenses after the original deadlines.
- Applies to all criminal cases pending before fiscals, civil courts, and military tribunals.
Temporary Release of Accused
- The Secretary of National Defense or an authorized representative may order the temporary release of detainees who have applied for amnesty.
- Such release consideration shall take into account national security concerns.
Extension of Amnesty Application Deadline
- The deadline to file applications for amnesty under Presidential Decrees No. 95 and No. 124 (as amended by Presidential Decree No. 158) is extended to July 15, 1973.
- Offenses that may have been committed after the initial deadline may also be covered by this amnesty application.
Legal Effect and Implementation
- Upon grant of amnesty, cases are to be dismissed motu proprio by the relevant courts or tribunals, upon petition by either prosecution or accused.
- This decree enhances the effectiveness of prior amnesty proclamations by formally suspending ongoing criminal proceedings and allowing more applicants to avail of amnesty.
Policy Intent
- Reinforces government policy to unify the Filipino people and end violence.
- Aims to facilitate reconciliation by providing a legal framework for surrender and reintegration.
Key Legal Concepts
- Suspension (holding in abeyance) of proceedings, not outright dismissal unless amnesty is granted.
- Presidential prerogative in granting amnesty and finalizing applications.
- Coordination between military and civil judicial bodies in enforcement.
- Consideration of national security in decisions on temporary detainee release.