Granting General Amnesty to Certain Sectors for Violation of Election Laws and Other Related Statutes

April 8, 1974

PRESIDENTIAL DECREE NO. 433

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 ELECTIONS OF 1965, 1967, 1969, 1971 AND THE ELECTIONS OF DELEGATES TO THE CONSTITUTIONAL CONVENTION

WHEREAS, Presidential Decree No. 364 dated January 3, 1974. declared and decreed "A GENERAL AMNESTY FOR ALL PERSONS WHO, AS FIRST OFFENDERS, FAILED TO REGISTER AND/OR VOTE AS REQUIRED" in connection with the national referendum of July 27-28, 1973;

WHEREAS, in the aforecited decree the leadership of government expressed determination to pursue a policy to unify the nation and to encourage the citizenry to direct their attention and efforts to constructive activities without distraction;

WHEREAS, this policy should be broadened in its application so that the benefits to be derived therefrom may be extended to more members of the society;

WHEREAS, it is of record that many public school teachers, other officials and employees of the government including members of the Armed Forces of the Philippines are facing charges before various courts, tribunals, and/or administrative bodies for violation of election laws and other related statutes in connection with the elections of 1965, 1967, 1969, 1971 and the election of Delegates to the Constitutional Convention; and that these cases are still pending on preliminary investigation or trial on the merits, despite the long period that has lapsed since the filing thereof; casia

WHEREAS, it is of public knowledge that the public school teachers and other faithful government officials and employees committed infractions or offenses in the performance of their election duties due to forces beyond their will or power to resist;

WHEREAS, the pendency of these cases has caused great anxiety, worry and tension on the part of those involved and the members of their families, affecting not only their efficiency as public officials but also their peace of mind as citizens of the nation;

WHEREAS, with respect to other persons, the pendency of such cases is not conducive to national unity as it alienates them from the New Society;

WHEREAS, as a continuing effort of the leadership of government to heal the wounds inflicted in the past and to provide a fresh start for all concerned to help build the New Society, it is proper and advisable to relieve the persons involved of further stress or strain.

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: cd i

SECTION 1. General Amnesty is hereby granted to all public school teachers, other government officials and employees, members of the Armed Forces of the Philippines facing charges for violation of election laws or other related statutes in connection with the elections of 1965, 1867, 1969, 1971 and the election of Delegates to the Constitutional Convention subject to the conditions provided in the succeeding section.

SECTION 2. The following persons shall not be entitled to the amnesty herein granted:

a. Those whose violations were committed in band;

b. Those whose violations involved violence or terrorism resulting in physical injury to or death of any person;

SECTION 3. All such pending cases shall be remanded to the Commission on Elections for the purpose of determining after hearing, if necessary, whether the defendants therein are entitled to amnesty under the conditions herein provided.

For purposes of this section the courts shall transmit to the Commission on Elections any and all records of the cases herein referred to.

SECTION 4. The Commission on Elections shall submit a report to the President on the action taken under this Decree. casia

SECTION 5. This Decree shall take effect immediately.

DONE in the City of Manila, this 8th day of April, in the year of Our Lord, Nineteen Hundred and Seventy-Four.