Amending P.D. No. 433 Re: General Amnesty for Certain Persons Who Violated Election Laws

December 3, 1974

PRESIDENTIAL DECREE NO. 598

AMENDING PRESIDENTIAL DECREE NO. 433 ENTITLED, "GRANTING GENERAL AMNESTY, UNDER CERTAIN CONDITIONS TO PUBLIC SCHOOL TEACHERS, OTHER GOVERNMENT OFFICIALS AND EMPLOYEES, MEMBERS OF THE ARMED FORCES OF THE PHILIPPINES AND OTHER PERSONS FOR VIOLATION OF ELECTION LAWS AND OTHER RELATED STATUTES IN CONNECTION WITH THE ELECTION OF 1965, 1967, 1969, 1971 AND THE ELECTION OF DELEGATES TO THE CONSTITUTIONAL CONVENTION"

WHEREAS, Presidential Decree No. 433 dated April 8, 1974, granting general amnesty under certain conditions to violators of election laws and under related statutes applies only to: (1) Those "facing charges" and (2) "All public school teachers, other government officials and employees, members of the Armed Forces of the Philippines," not including other persons outside of the government service; casia

WHEREAS, there are valid reasons to broaden the limited applicability of Presidential Decree No. 433 so as to include the following: (1) other persons who may not necessarily be public school teachers, other government employees, members of the Armed Forces of the Philippines; (2) persons who have been sentenced under final judgment, including those who have already served the penalties imposed upon them but are still subject to accessory penalties; (3) persons involved in the violation of laws relative to the election of barrio or barangay officials; and (4) persons involved in the violation of decrees relative to the national referendum of July 27-28, 1973, not previously entitled to amnesty; and

WHEREAS, broadening the scope of amnesty would correspondingly strengthen the government's moral posture vis-a-vis the "continuing effort of the leadership to heal the wounds inflicted in the past and to provide a fresh start for all concerned to help build the New Society;"

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree and order:

SECTION 1. Section 1 of Presidential Decree No. 433 is hereby amended to read as follows:

"SEC. 1. General Amnesty is hereby granted to all public school teachers, other government officials and employees, members of the Armed Forces of the Philippines and other persons facing charges or who have been sentenced under final judgment including those who have already served the penalties imposed upon them, for violation of election laws or other related statutes in connection with the elections of 1965, 1967, 1969, 1971, and the election of Delegates to the Constitutional Convention, all the barrio or barangay elections, and the referendum of July 27-28, 1973, subject to the conditions provided in the succeeding section."

SECTION 2. A new section shall be inserted between SEC. 3 and SEC. 4 to be known as "SEC. 3-A" and shall read as follows:

"SEC. 3-A. Without prejudice to the right of any person serving sentence to avail of the benefits of this decree by directly petitioning the Commission on Elections, the court shall furnish the Commission on Elections with a list of persons who may have been convicted therein for the offenses covered by this decree. The Commission on Elections shall then determine who are entitled to amnesty as herein provided.

"In the case of a person who has served his sentence or is pardoned conditionally, or is under parole and still subject to accessory penalties, such person may petition the Commission on Elections to declare him entitled to the amnesty granted herein."

SECTION 3. The Commission on Elections shall promulgate rules and regulations to implement this Decree.

SECTION 4. This Decree shall take effect immediately.

DONE in the City of Manila, this 3rd day of December, in the year of Our Lord, Nineteen Hundred and Seventy-Four.