The Philippine Online Chronicles

An amended version of the Amnesty Proclamation No. 50, which was issued last month granting amnesty to soldiers involved in uprisings against the past administration, was submitted to the Senate on Thursday.

The new proclamation, Amnesty Proclamation No. 75, includes policemen among those to receive amnesty, and clarifies which personnel would be allowed reinstatement in the service.

“This proclamation [No. 75] supersedes Proclamation No. 50 issued on 11 October 2010 which is hereby deemed recalled,” said Executive Secretary Paquito N. Ochoa Jr.

He added that members of the Senate and the House of Representatives were involved in drafting the amended proclamation. President Benigno Aquino III signed Proclamation No. 75 on Wednesday.

According to the new proclamation, amnesty will be granted to active and former officers and enlisted personnel of the Armed Forces of the Philippines (AFP) and Philippine National Police (PNP) who took part in the July 2003 Oakwood mutiny, the February 2006 Marine stand-off and the November 2007 Peninsula hotel incident, which were all against the previous administration of former president Gloria Macapagal-Arroyo.

While all personnel will be granted amnesty, only soldiers with the rank of technical sergeant and below, and police officers with the rank of senior police officer 3 (SPO3) and below will be allowed reinstatement.

However, those who are not reinstated are still entitled to retirement and separation benefits, unless such benefits are forfeited for reasons other than acts covered by the proclamation.

Ochoa added that the proclamation does not include a provision requiring admission of guilt over the mutinies.

"The prevailing view is that once you file your application for amnesty, there is an implied admission already. But we are very, very conscious about that, very careful about making that statement and what we have been saying is just to say that you admitted your participation in the incident that took place," he said.

The Proclamation further clarifies that amnesty will not be extended to those who committed "rape, acts of torture, crimes against chastity and other crimes committed for personal ends."

The Proclamation also amended a stipulation in Proclamation No. 50 saying that the amnesty would be effective “immediately”. According to the new order, the amnesty will "[take] effect upon concurrence of a majority of all the members of the Congress”.

Senate President Juan Ponce Enrile said concurrence will most likely be made after the proposed 2011 budget is ratified.

“We suspend the hearings or anything until we finish the budget," he said.

When asked if personalities like Senator Antonio Trillanes IV who played key roles in the mutinies would be home in time for Christmas, Ochoa said that, “My impression is both houses of Congress are bent on doing that.”

“The hope is for [Trillanes] to walk free before Christmas, and I think it’s still tenable,” added chair of the Senate committee on peace, unification and reconciliation Senator Teofisto Guingona III.