Panayam kay National Amnesty Commission Chairperson Atty. Leah Tanodra-Armamento
Panayam kay National Amnesty Commission Chairperson Atty. Leah Tanodra-Armamento
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00:00 Update on implementing rules and regulations for the application of amnesty for former rebels,
00:06 we will talk about it with Atty. Lea Tanodra Armamento,
00:10 Chairperson of the National Amnesty Commission.
00:13 Atty., good afternoon and welcome to the new Philippines.
00:17 Good morning, Atty. Danny and Assek Queng. Good morning.
00:27 First of all, when will the implementing rules and regulations for the application of amnesty for former rebels in the country be released?
00:36 Ma'am, we can now accept the application for amnesty because it is effective upon concurrence of Congress,
00:46 which was in March 13, 2024.
00:54 As to the IRR or the implementing rules and regulations, we are done with that and the majority of the members of the Commission had already signed.
01:03 We are just awaiting the signature of Secretary Guibo Teodoro of the DND,
01:09 Secretary Remulia of the Department of Justice,
01:13 and Secretary Abalos of the Department of Interior and Local Government.
01:19 My target date is that it will be published before March 28, 2024
01:26 because if you count from the concurrence of the Senate on the CPP-NPANDF,
01:33 it was on March 13 and 15 days thereof will be on March 28.
01:40 Attorney, can you give us a brief explanation on what are the contents of this IRR for those who will apply for amnesty and who are the qualified to apply?
01:52 Thank you very much, Assek Queng.
01:56 The contents of the IRR includes the coverage of the amnesty.
02:01 So what you're saying is who are the qualified to apply for amnesty.
02:06 There are four rebel groups that were identified in the proclamations.
02:11 These are the CPP-NPANDF, the RPNP-RPA-ABB, the MILF, and the MNLF.
02:21 And the offense should have been committed before November 22, 2023.
02:28 The application starts now.
02:30 So the IRR, aside from the coverage, we already have our organizational structure,
02:38 which we have established upon my assumption to office last January 2023.
02:46 So the structure includes the local amnesty board,
02:50 which is the frontline office of the National Amnesty Commission to receive the applications from the rebel groups mentioned in the proclamations.
03:01 And then, of course, we have the functions of our office, the rules of procedure.
03:06 And then we have the provisions on Data Privacy Act, which is a security for all applicants.
03:15 The documents or evidence that they will submit for their application should not be used against them to prosecute them for the crimes that they had admitted to have been committed before the issuance of their amnesty.
03:33 And then, of course, we have rules on the turnover of their unlicensed firearms.
03:39 Ma'am, at the moment, how many former rebels have applied for the amnesty program of this government?
03:48 And how many applicants do you estimate will be accepted after the IRR of this program?
03:55 Atty. Danny, actually, we haven't received any applicants yet
04:01 because before I assumed office, the MILF has already the list of the names, but during that time, the office was not yet organized.
04:12 It was only organized when I assumed office last January 24, 2023.
04:19 So far, our data based on the peace tables of the Office of the Presidential Advisor on Reconciliation and Unity, we have the CPP NPA.
04:33 The estimate is from 5,000 to 8,000, but it is moving because there are continuous surrenders on the ranks.
04:46 And then for the MNLF, we have less than 5,000 because we had a peace agreement way before during the time of President Ferdinand Marcos, Sr.
04:57 With the MILF, the data that the OPAP has, they have 40,000 decommissioned combatants, but not all of them have cases.
05:10 So it should be less than 40,000. And for the RPMP, RPA, ABB, for the Kapatiran Group, this is under Veronica Tabara, it should be less than 900.
05:27 Okay, Atty., at present, decommissioning of former MILF fighters is still ongoing. When do you expect this process to end?
05:37 Ma'am Chi, I cannot say anything about the decommissioning because it is not under my office. It is with the Office of the Presidential Advisor on Peace, Reconciliation and Unity.
05:50 So Ma'am, as the National Amnesty Commission, the applicants are under the vetting process. Can you explain the basic process of the amnesty application until the application is filed? And how long is the process?
06:04 Insofar as the National Amnesty Commission is concerned, we are giving ourselves 90 days to process. So I will divide the process from the filing, which is the main actor is the applicant.
06:20 He has to download the application form or secure a hard copy from the local amnesty board office. We have here in Iloilo City, we also have one in Bacolod City, and there are other places, mostly in Mindanao.
06:39 We have six local amnesty board in Mindanao, and we have one in the National Capital Region. But because of the concurrence of the Senate on the CPP, NPA, and NDF, we still have to establish five more local amnesty board in Putuan City, in Samar area,
07:05 and in Bicol, Isabela, and Baguio City. And then we also have, when they file their, they have to be, the filing should, the application form should be under oath.
07:21 And then we have to verify it. So it is now the task of our secretariat in the local amnesty board. So we have already a memorandum of agreement, the National Bureau of Investigation, for them to provide us with the data of all the crimes which an applicant is charged.
07:41 Also, we have the AFP, PNP, and the prosecutors who are members of the local amnesty board, and they are duty-bound to provide us with the data that these applicants are indeed charged with the crimes that they are applying for.
08:00 And then we have to establish their identity, and we have to establish that indeed the crime was committed before November 2022, 2023. And then this crime should be in pursuit of their political belief.
08:20 And then of course we have a conference wherein the local amnesty board members may call the applicants for conference if there are issues that they want clarified. It's like a procedure in the National Prosecution Service wherein the prosecutors may ask clarificatory questions.
08:43 These are non-adversarial proceedings. And if there is a possible oppositor, the one who is named a party to a case, then we have to notify them to give them due process.
08:57 And last is the ruling, which is by majority vote of the members of the local amnesty board, they have to recommend to the National Amnesty Commission the decision whether to grant or not to grant the amnesty to the applicant.
09:15 From the filing to the stage that the National Amnesty Commission will recommend to the president, it is 90 days.
09:27 As to the, from the time that the recommendation of the National Amnesty Commission is submitted to the president, we can no longer determine the period that the president will decide whether to approve, reverse our recommendation, or deny the application.
09:46 So that's the total process of the application for amnesty.
09:52 I'm just curious, ma'am, where is the group, would you know which is the most significant group that will apply for amnesty?
10:01 Ma'am, the MILF. Actually, they are the ones who advocated, Queng, to grant amnesty to our president.
10:13 Thank you.
10:15 Ma'am, please send a message to our fellow countrymen.
10:19 Thank you, Attorney Danny.
10:23 Actually, I'm just asking our kababayan, especially the sectors or the rebel groups who are covered by the proclamations, they have to take advantage of this benevolent act of President Ferdinand Ramaldez Marcos Jr.
10:42 granting amnesty to those who have offenses or charged with a court or those who are already serving sentence in the national penitentiary, in the national believed prison.
10:56 Thank you very much for your time, Attorney Lea Tanodra Armamento, Chairperson of the National Amnesty Commission.
11:07 Thank you, Ma'am Chie.
11:09 [MUSIC PLAYING]