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(NAR) VOL. IV NO. 3 / JULY - SEPTEMBER 1993
[ OP MEMORANDUM CIRCULAR NO. 57, June 23, 1993 ]
PRESCRIBING THE GUIDELINES FOR THE IMPLEMENTATION OF MEMORANDUM ORDER NO. 108, DATED 24 MARCH 1993
The following Implementing Guidelines are hereby adopted pursuant to Memorandum Order No. 108, dated 24 March 1993, authorizing the National Unification Commission (NUC) to (a) issue Safe Conduct Passes in the interim due to the expiration of the period provided in Proclamation 10 and 10-A, and pending the implementation of the amnesty program to be formulated by the NUC, and (b) issue the appropriate guidelines for the issuance of said Safe Conduct Passes:
A
Persons covered
1. Rebels who desire to participate in the peace process or who wish to apply for amnesty shall be issued Safe Conduct Passes by the NUC.
B
Process for acquiring Safe
Conduct Passes
2. The rebel shall seek an endorsement (the Endorsement Form is attached hereto as Annex A*) from the local government units, or the AFP or PNP local commands.
This endorsement shall be the basis for the issuance of a Preliminary Safe Conduct Pass (attached hereto as Annex B*) to the rebel by the Governor or the AFP Area Commander/Designated Provincial Representative, or Regional/Provincial PNP Director. The Preliminary Safe Conduct Pass shall be effective for a period of fourteen (14) days.
3. The endorsing party shall immediately forward the endorsement and a copy of the Preliminary Safe Conduct Pass (attached hereto as Annex C*) to the NUC. Upon validation by the NUC, a Safe Conduct Pass shall immediately be issued to the concerned rebel.
Failure to have the applicant's status validated by the NUC within the prescribed period of fourteen (14) days shall result in the automatic expiration of the Preliminary Safe Conduct Pass.
C
Effectivity of the Passes
4. The NUC shall provide for the effectivity period of the Safe Conduct Passes.
D
Privileges provided by the Safe
Conduct Passes
5. The Safe Conduct Passes shall provide rebels with the following specific privileges:
a. Protection from arrest and prosecution, during the effectivity of the Safe Conduct Passes for the crime of rebellion and common crimes committed pursuit and in furtherance of political objectives, and violations of the Articles of War prior to the issuance of the Preliminary Safe Conduct-Passes;
b. Conformity by the prosecutor to motions for suspension filed by rebels in any and, all court proceedings or actions filed against them; and
c. Suspension of any reward for capture.
E
Amnesty and the possession of Safe
Conduct Passes
6. Possession of these Safe Conduct Passes shall not automatically confer amnesty on the holder upon the implementation of the amnesty program.
F
Listing of Pass holders
7. For reference purposes, the NUC shall furnish the DND-AFP and the DILG-PNP with a list of rebels who have been issued the Preliminary and the (principal) Safe Conduct Passes.
The NUC shall likewise keep a general logbook of persons issued these Preliminary and (principal) Safe Conduct Passes.
All heads of executive departments and line agencies are hereby directed to disseminate these Guidelines to all their national and local offices and to issue the appropriate department orders in accordance with Memorandum Order No. 108 dated 24 March 1993 and these Guidelines. Respect for the Safe Conduct Passes is strictly ordered and violations shall be acted upon in accordance with existing laws, rules and regulations.
This Memorandum Circular shall take effect immediately.
Adopted: 23 June 1993
(Sgd.) fidel v. ramos
President
By the President:
(Sgd.) Antonio t. Carpio
Chief Presidential Legal Counsel
* Text available upon request at the Office of the National Administrative Register (ONAR), U.P. Law Center, Diliman, Quezon City
Persons covered
1. Rebels who desire to participate in the peace process or who wish to apply for amnesty shall be issued Safe Conduct Passes by the NUC.
Process for acquiring Safe
Conduct Passes
2. The rebel shall seek an endorsement (the Endorsement Form is attached hereto as Annex A*) from the local government units, or the AFP or PNP local commands.
This endorsement shall be the basis for the issuance of a Preliminary Safe Conduct Pass (attached hereto as Annex B*) to the rebel by the Governor or the AFP Area Commander/Designated Provincial Representative, or Regional/Provincial PNP Director. The Preliminary Safe Conduct Pass shall be effective for a period of fourteen (14) days.
3. The endorsing party shall immediately forward the endorsement and a copy of the Preliminary Safe Conduct Pass (attached hereto as Annex C*) to the NUC. Upon validation by the NUC, a Safe Conduct Pass shall immediately be issued to the concerned rebel.
Failure to have the applicant's status validated by the NUC within the prescribed period of fourteen (14) days shall result in the automatic expiration of the Preliminary Safe Conduct Pass.
Effectivity of the Passes
4. The NUC shall provide for the effectivity period of the Safe Conduct Passes.
Privileges provided by the Safe
Conduct Passes
5. The Safe Conduct Passes shall provide rebels with the following specific privileges:
a. Protection from arrest and prosecution, during the effectivity of the Safe Conduct Passes for the crime of rebellion and common crimes committed pursuit and in furtherance of political objectives, and violations of the Articles of War prior to the issuance of the Preliminary Safe Conduct-Passes;
b. Conformity by the prosecutor to motions for suspension filed by rebels in any and, all court proceedings or actions filed against them; and
c. Suspension of any reward for capture.
Amnesty and the possession of Safe
Conduct Passes
6. Possession of these Safe Conduct Passes shall not automatically confer amnesty on the holder upon the implementation of the amnesty program.
Listing of Pass holders
7. For reference purposes, the NUC shall furnish the DND-AFP and the DILG-PNP with a list of rebels who have been issued the Preliminary and the (principal) Safe Conduct Passes.
The NUC shall likewise keep a general logbook of persons issued these Preliminary and (principal) Safe Conduct Passes.
All heads of executive departments and line agencies are hereby directed to disseminate these Guidelines to all their national and local offices and to issue the appropriate department orders in accordance with Memorandum Order No. 108 dated 24 March 1993 and these Guidelines. Respect for the Safe Conduct Passes is strictly ordered and violations shall be acted upon in accordance with existing laws, rules and regulations.
This Memorandum Circular shall take effect immediately.
Adopted: 23 June 1993
President
By the President:
Chief Presidential Legal Counsel
* Text available upon request at the Office of the National Administrative Register (ONAR), U.P. Law Center, Diliman, Quezon City