>I?HZltr FIFTEENTH CONGRESS OF THE ) (iJff". of t~.,il'm'i>r~ REPUBLIC OF THE PHILIPPINES ) First Regular Session ) '10 NOV 15 P4:25 SENATE COMMITTEE REPORT NO. ---=1::..:0=---_ Submitted jointly by the Committees on Peace, Unification and Reconciliation; and Rules 1 on ______________NOV 1 5 2010 __ Re Senate Concurrent Resolution NO.3 Recommending its approval without amendment Sponsors Senators Guingona III and Sotto III MR. PRESIDENT: The Committees on Peace, Unification and Reconciliation; and Rules to which was referred S.·Ct. RES. No.3, introduced by Sen. Vicente C. Sotto III, entitled: "SENATE CONCURRENT RESOLUTION CONCURRING IN PROCLAMATION NO. 50 OF THE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES DATED 11 OCTOBER 2010 ENTITLED: GRANTING AMNESTY TO ACTIVE AND FORMER PERSONNEL OF THE ARMED FORCES OF THE PHILIPPINES AND THEIR SUPPORTERS WHO MAY HAVE COMMITTED ACTS OR OMISSIONS PUNISHABLE UNDER THE REVISED PENAL CODE, THE ARTICLES OF WAR, OR OTHER SPECIAL LAWS COMMITTED IN CONNECTION WITH THE OAKWOOD MUTINY, THE MARINES STAND-OFF AND THE MANILA PEN INCIDENT AND RELATED INCIDENTS" have considered the same, and have the honor to report it back to the Senate with the recommendation that it be approved without amendment, with Senators Satto III and Guingona III as authors. Respectfully submitted: Chairs: ("" ..... ~ NTE C. S TTO III e on Peace, Unification & Reconciliation Members: ~~ Committee on Peace, Unification & Reconciliation Committee on RUle~ --:::>! ~ --0~~ ~;~~~~RILLAN-~;--- - ~rrlmfttee on Peace, Unification & Reconciliation 1/ )~_-L/Vivy -.Jl}. MIGUE F. ZUBIRI SE~~-R. OSMENA III L:8omni1llee on Rules Commit~JJ Peace, Unification & Reconciliation FERDI AND R7MARCOS, JR. GILINAN Commit e on Rules Committee on e e, Unification & Reconciliation Committee on Rules J~ ~4,~~ JOKER P. ARROYO d.:-~ N F KLiN&t M. DRILON Committee on Rules r 'ttee on Peace, Unification & Reconciliation /~ Ittee on Rules JS~itb1~ Ir, jilt itt'{ J)~ 12 a. J ~ I rcdf-,J W1 £. "[bMPANE " PIA S.iAYi-rANO Committee on eace, Unification & Reconciliation Ex·Officio Members: %i?<? ---.,. f;- J - fo'/Y( ~~/rr-<d~ ALAN PETER "COMPANERO" S. CAYETANO Minority Leader HON. JUAN PONCE ENRILE Senate President Senate of the Philippines Pasay City ,; 1" " -' FIFTEENTH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES) First Regular Sessiou ) 1tJ ocr 12 F3 :05 SENATE S. Ct. RES. NO. S AeClilVED 'i!.V & 'r - Introdnced by Senator Vicente C. Sotto ill SENATE CONCURRENT RESOLUTION CONCURRING IN PROCLAMATION NO. 50 OF THE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES DATED 11 OCTOBER 2010 ENTITLED: "GRANTING AMNESTY TO ACTIVE AND FORMER PERSONNEL OF THE ARMED FORCES OF THE PlllLlPPINES AND 11lEIR SUPPORTERS WHO MAY HAVE COMMlTED ACTS OR OMISSIONS PUNISHABLE UNDER THE REVISED PENAL CODE, THE ARTICLES OF WAR OR OTHER SPECIAL LAWS COMMITTED IN CONNECTION WITH THE OAKWOOD MUTINY, THE MARINES STAND-OFF AND THE MANILA PEN INCIDENT AND RELATED INCIDENTS" WIIEREAS, Section 19, Article VII of the Constitution provides that the President shall have the power to grant amnesty with the concurrence of all the Members of Congress; WIIEREAS, ,on 11 October 2010, President Benigno S, Aquino III issued Proclamation No. 50, granting amnesty to active and fanner personnel of the Anned Forces of the Philippines and their supporters who may have committed acts or omissions punishable under the Revised Penal Code, the Articles of War or other special laws committed in connection with the Oakwood Mutiny, the Marines Stand-Off and the Manila Pen Incident and related incidents, the full text of which reads as follows, to wit: PROCLAMATION NO. 50 GRANTING AMNESTY TO ACTIVE AND FORMER PERSONNEL OF THE ARMED FORCES OF THE PHILIPPINES AND THEIR SUPPORTERS WHO MAY HAVE COMMITED ACTS OR OMISSIONS PUNISHABLE UNDER THE REVISED PENAL CODE, 17IB ARTICLES OF WAR OR OTHER SPECIAL LAWS COMMITTED IN CONNECTION WITH THE OAKWOOD MUTINY, THE MARINES STAND-OFF AND THE MANILA PEN INCIDENT AND RELATED INCIDENTS WHEREAS, it is recognized that certain act/ve and former personnel of the Armed Forces of the Philippines (AFP) and their supporters have or may have committed acts or omissions which may be punishable under the ReVised Penal Code, the Articles of War and other speolal laws In connection with the July 27, 2003 Oakwood Mutiny, the February 2006 Marines Stand-Off and the November 29. 2007 Manila Pen Incident and related incidents; WHEREAS, there is a clamor from oertain sectors of sooiety', urging the President to extend amnesty to said AFP personnelt' ;, v WHEREAS, Section 19, Article VII of the Constitution expressly vests the power to grant amnesly upon the President; 1 WllEREAS, In order to promote an atmosphere conducive to the attainment of a just, comprehensive and enduring peace and in line with the Government's peace and reconciliation initiatives, there is a need to declare amnesty in favor of the said active and former personnel ofthe AFP and their supporters; NOW, THEREFORE, I BENIGNO S, AQUINO Ill, President of the Philippines, by virtue of the powers vested in me by Section 19, Article VII of ihe Philippine Constitution, do hereby DECLAREandPROCLAIftf: SECTION 1. Grant of Amnesty, - Amnesty is hereby granted to all active and former personnel of the AFP as well as their supporters who sahli apply therefor and who have or may have committed acts or omissions punishable under the Revised Penal Code, the Articles of War or other special laws in connection with, in relation or incident to the July 27, 2003 Oakwood Mutiny, the February 2006 Marines Stand-Off and/or the November 29, 2007 Manila Pen incident and related incidents; PrOVided that amnesly shall not Cover crimes against chastity and other Crimes committed for personal ends, SECTION 2, Where to Apply. - The concerned AFP personnel and their supporters may apply for amnesty under this Proclamation with the Department of National Deftnse (DNDJ. The DND is hereby tasked with the functions and duties of receiving and processing applications for amnesty under this proclamation and determining whether the applicants are covered by amnesty under this Proclamation. The final decisions or determinailon of the DND shall be appealable to the Office ofthe President, SECTION 3, Period of Application. - Applications for the grant of amnesty under this Proclamation shall be filed under oath with the DND within aperiod ofninety (90) daysfollowlng the date of the publication of this Proclamation in two (2) newspapers of general circulation. The DND shall fortwith act on the same with dispatch. SECTION 4, Effects, - (a) Amnesty under this proclamation shall extinguish any criminal liability for acts committed In relation to, in connection with or incident to the July 27, 2003 Oakwood Mutiny, the February 2006 Marines Stand-Off and the November 29, 2007 Manila Pen incident without prejudice to the grantee's civil liability for injuries or damages caused to private persons, (b) The grant of amnesty shall also effect the restoration of civil and political rights or entitlement that may have been suspended, lost or adversely affected by virtue of any executive action and lor administrative or criminal action or proceedings lodged. against the grantee in connection with the subject incidents, including criminal conviction or any form, ifany. (c) All enlisted personnel of the Armed Forces of the Philippines whose applicatiOns for amnesiy would be approved shall be entitied to reintegration or reinstatement, subject to eXisting laws and regulations, Officers ofthe AFP on the other hand shall not be entitled to reintegration or reinstatement into the service. 2 (d,I The amnesty shafl reinstate the right ofAFP personnel to retirement and separation benefits. if so qualified under existing laws and regulations at the time of tbe commission of the acts for which the amnesty is extended SECTION 5. Effectivity. - This Proclamation shall take effect Immediately upon the signing thereof IN WITNESS WllEBEOF, I have hereunto set my hand and caused the seal ofthe Republic ofthe Philippines to be affIXed. DONE In the City of Manila this 11th day of October in the year ofour Lord. Two Thousand and Ten. BENIGNO S. AQUINO III By the President: PAQUITO N. OCHOA, JR. Executive Secretary WHEREAS, the Senate shares the view of the President that in order to promote an atmosphere conducive to the attainment of a just, comprehensive and enduring peace alld in line with the Government's peace and reconciliation initiatives, there is a need to declare amnesty in favor of the said active and former personnel of the AFP and their supporters; WHEREAS, it is the sense of Senate that it is imperative that an amnesty partaking the nature proclaimed by His Excellency, the President of the Philippines, is necessary for the general interest of the Philippines: Now, therefore, be it: RESOLVED by the Senate of the Republic of the Philippines, To concur with Proclamation No. 50 issued by the President of the Philippines in accordance with the provisions of Section 19, Article VII of the Constitution. Adopted, 3 ::!Republic of tlJe ~biHppinel.i ~enate ~al.iap JOKER P. ARROYO SENATOR DISSENTING OPINION ON SENATE CONCURRENT RESOLUTION NO.3 I dissent. Junior officers and enlisted men led by Captain Trillanes openly rebelled against the government they are duty bound to support and defend, and their Commander-in­ Chief, and disregarded the chain of command of the AFP without which no military organization can exist. Reason? President GMA and her administration were bad. Ergo, she and her ilk had to be dislodged from their office and changed. How? By military operation, the Oakwood mutiny of 2003. Unfortunately for them, their operation did not prosper. It did not gain the support from other elements of the armed services, nor from the people, indispensible to the success of a rebellion. In short, the Oakwood mutiny failed. We were taught in school the basic and simple rule that applies to rebellion.