The grant of amnesty is a core component of any peace process. Rebels silenced their guns in the hope of attaining the political values they laid their lives on the line for. In exchange, the government offers a package of enticement, including forgiving their misadventure in pursuit of their political aspirations through a mechanism called amnesty.
We see this scenario played out when the government negotiated peace with rebel groups. Presidential proclamations were issued defining the protocol to be followed and the parameters of the grant. This was, of course, with the imprimatur of Congress as required by the Constitution. Subsequently, a National Amnesty Commission was created for processing applications for the grant.
Several years have passed since a peace pact was signed between the Moro Islamic Liberation Front and the government, still, the former’s rebel fighters have not been granted amnesty that will restore their political rights and reintegrate them into society. This is now being brought to the fore because the deadline set by the proclamation for submission of applications has expired and the processing is, according to applicants, snail-paced.
The processing of applications for amnesty rests on the shoulders of the local Amnesty Board where it is first filed and decided by the National Amnesty Commission. The commission as it is constituted is composed of members who are ex-officio representing various government departments and presidential appointees. The latter are all lawyers who are familiar with the secessionist movements in the South. This column knows them to be lawyers of note and equipped with the dedication and integrity required of their office. They are cognizant of the crucial role that their work plays in putting out the fire of rebellion, especially its amiable but principled chairperson, Ms. Leah Tanodra Armamento, who has had a brilliant storied career in government. They will be confronted with several issues which they will be hard put to resolve given the social and political milieu, not to mention the pressures that will come their way.
They will have to face the issue of rebel applicants who have been found guilty by final judgment of crimes that they will claim were political and in pursuit of their revolutionary campaign. Yes, the law is clear about the specific crimes that are covered by the amnesty proclamation but there is more to it than meets the eye. There is a fine line that separates which crimes are private or personal and which are political. The nuance is hazy. A smart defense litigator can always claim that a crime like arson, for instance, was committed for a political purpose. It will be hard put balancing the interest of the rebel returnees and the families of their victims. These and many other similar challenges will face them.
There are rebel leaders also who have been found guilty by the courts of crimes and who would want to run for office in the coming elections. The MILF has registered its political party, Bangsamoro Justice Party, with the Commission on Elections to shift its political struggle from the jungle to the electoral environ. They will slug it out with the politicians in the polls.
The law, however, disqualifies them from running for office. The Omnibus Election Code says: “Those sentenced by final judgment of subversion, insurrection, rebellion or any offense for which he has been sentenced to a penalty of more than 18 months imprisonment” is disqualified to be a candidate for public office. The phrase “or any offense” is fertile ground for legal hermeneutics. The Local Government Code has a similar provision. The rationale for this prohibition is simple: Why allow those fighting against the government to run for public office to serve the same government they wanted to topple?
These are just tidbits of worries that will confront the Commission. There will be other meaty issues they will have to address, not the least, is the pressure that will be exerted on its decision-making process.
Meantime, the Commission should motu proprio take immediate steps to extend the period for the filing of amnesty applications.
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