PROCLAMATION NO. 8, September 07, 1946
GRANTING AMNESTY TO ALL PERSONS WHO COMMITTED ACTS PENALIZED UNDER THE REVISED PENAL CODE IN FURTHERANCE OF THE RESISTANCE TO THE ENEMY.
WHEREAS, since the inception of the war and until
the liberation of the different areas comprising the territory of the
Philippines, volunteer armed forces of Filipinos and of other nationalities
operated as guerillas and other patriotic individuals and groups pursued
activities in opposition to the forces and agents of the Japanese Empire in the
invasion and occupation of the Philippines;
WHEREAS, members of such forces, in their
determined efforts to resist the enemy, and to bring about his ultimate defeat,
committed acts penalized under the Revised Penal Code;
WHEREAS, charges have been presented in the
courts against many members of these resistance forces, for such acts;
WHEREAS, the fact that such acts were committed
in furtherance of the resistance to the enemy is not a valid defense under the
laws of the Philippines;
WHEREAS, the persons so accused should not be
regarded as criminals but rather as patriots and heroes who have rendered
invaluable services to the nation; and
WHEREAS, it is desirable that without the least
possible delay, these persons be freed from the indignity and the jeopardy to
which they are now being subjected;
NOW, THEREFORE, I, Manuel Roxas, President of the
Philippines, in accordance with the provisions of Article VII, section 10,
Paragraph 6 of the Constitution, do hereby declare and proclaim an amnesty in
favor of all persons who committed any act penalized under the Revised Penal
Code in furtherance of the resistance to the enemy or against persons aiding in
the war efforts of the enemy, and committed during the period from December 8,
1941 to the date when each particular area of the
Philippines was actually liberated from enemy control and occupation. This
amnesty shall not apply to crimes against chastity or to acts committed from
purely personal motives.
It is further proclaimed and declared that in
order to determine who among those against whom charges have been filed before
the courts of the Philippines or against whom charges may be filed in the
future, come within the terms of this amnesty, Guerilla Amnesty Commissions,
simultaneously to be established, shall examine the facts and circumstances
surrounding each case and, if necessary, conduct summary hearings of witnesses
both for the complainant and the accused. These Commissions shall decide each
case and, upon finding that it falls within the terms of this proclamation, the
Commission shall so declare and this amnesty shall immediately be effective as
to the accused, who shall forthwith be released or discharged.
It is further proclaimed and declared that any
case now pending or which may be filed in the future which a Guerrilla Amnesty
Commission decides as not within the terms of the amnesty, shall proceed in
accordance with the usual legal procedure in the courts without regard to this
proclamation, but the fact that a Commission has rendered an adverse verdict shall
prejudice the accused in his defense; and the accused, during such trial, may
present evidence to prove that his case falls within the terms of this amnesty.
If the fact is legally proved, the trial judge shall so declare and this
amnesty shall be immediately effective as to the accused, who shall forthwith
be released or discharged.
IN WITNESS WHEREOF, I, have hereunto set my hand
and caused the seal of the Republic of the Philippines to be affixed.
Done at the City of Manila, this 7th
day of September, in the year of Our Lord, nineteen hundred and forty-six, and
of the Independence of the Philippines, the first.
(Sgd.) MANUEL ROXAS
President of the Philippines
By the President:
(Sgd.) EMILIO ABELLO
Chief of the Executive Office
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