Title
Guidelines for Safe Conduct Passes Issuance
Law
Op Memorandum Circular No. 57
Decision Date
Jun 23, 1993
Guidelines for the issuance of Safe Conduct Passes to rebels participating in the peace process or applying for amnesty in the Philippines, including endorsements from local government units and validation by the National Unification Commission, with certain privileges and protections provided but no automatic amnesty conferred.
guidelines
implementation
memorandum circular
A

Process for Acquiring Safe Conduct Passes

  • Rebels must obtain an endorsement using a prescribed form from either local government units, the Armed Forces of the Philippines (AFP), or the Philippine National Police (PNP) local commands.
  • Using this endorsement, a Preliminary Safe Conduct Pass is issued by either the Governor, AFP Area Commander or Designated Provincial Representative, or Regional/Provincial PNP Director.
  • The Preliminary Pass is valid for fourteen (14) days.
  • The endorsing party must forward the endorsement and a copy of the Preliminary Pass to the NUC.
  • The NUC validates the applicant's status and upon validation issues the final Safe Conduct Pass.
  • Failure of the NUC to validate within 14 days leads to automatic expiration of the Preliminary Pass.

Effectivity of the Passes

  • The NUC determines the period during which the Safe Conduct Pass remains effective.

Privileges Provided by the Safe Conduct Passes

  • Protection from arrest and prosecution during the validity period of the Safe Conduct Pass for:
    • Crimes related to rebellion.
    • Common crimes committed in furtherance of political objectives.
    • Violations of the Articles of War committed before the issuance of Preliminary Passes.
  • Prosecutors must conform to motions for suspension filed by rebels in court proceedings.
  • Any rewards for capture are suspended during the effectivity of the Pass.

Amnesty and Possession of Safe Conduct Passes

  • Holding a Safe Conduct Pass does not automatically grant amnesty once the amnesty program is implemented.

Listing of Pass Holders

  • The NUC must provide lists of all holders of both Preliminary and principal Safe Conduct Passes to the Department of National Defense-Armed Forces of the Philippines (DND-AFP) and the Department of the Interior and Local Government-Philippine National Police (DILG-PNP).
  • The NUC is required to keep a general logbook of all persons issued with these passes.

Directives and Enforcement

  • All heads of executive departments and line agencies are mandated to disseminate the guidelines to all offices and to issue appropriate department orders.
  • Respectful treatment of the Safe Conduct Passes is strictly enforced.
  • Violations concerning the misuse or disregard of the Safe Conduct Passes are subject to existing laws, rules, and regulations.

Implementation

  • The Memorandum Circular containing these guidelines took effect immediately upon issuance on 23 June 1993.

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