Amnesty, anti-terror law can be implemented simultaneously — DOJ
The Department of Justice (DOJ) on Thursday said the implementation of Anti-Terrorism Act (ATA) of 2020 and amnesty for former rebels can be implemented at the same time.
"These two can go on simultaneously," DOJ spokesperson Mico Clavano said during a virtual forum organized by the National Task Force to End Local Communist Armed Conflict (NTF ELCAC).
He made the statement as the ATA is set to be fully implemented on Jan. 15 after the Supreme Court (SC) approved the procedural rules on all petitions and applications concerning the law.
"I think the two are mutually exclusive. The current [decision to resume peace] talks [with the National Democratic Front] which have been opened up by the administration have nothing to do also with the implementation of the ATA, especially now that it has been fully operationalized by the operative fact that the SC issued the guidelines," Clavano said.
However, Clavano said that, in his opinion, their simultaneous implementation may affect groups that would receive amnesty.
"I think it is a matter of good faith. If these groups are willing to come forward and talk and they agree to a ceasefire, then there is no need for prosecution under the Terrorism Act," he said.
"But if they come forward and represent themselves as in good faith, and yet still continue activities that would fall under the ATA, then they can also be prosecuted," he added.
Last November, the Marcos administration and the National Democratic Front of the Philippines (NDFP) agreed to resume the stalled peace negotiations after their representatives signed a joint statement for "a principled and peaceful resolution to the armed conflict."
The following month, the SC said that the rules on anti-terrorism cases would take effect on Jan. 15, 2024.
These covered petitions and applications regarding detentions without judicial warrants of arrest, surveillance and freeze orders, restrictions on travel, designations, and prescriptions, and other court issuances.
President Ferdinand "Bongbong" Marcos Jr. granted amnesty to rebels through Proclamation Nos. 403, 404, 405, and 406 issued in November last year.
The Presidential Communications Office (PCO) said the groups granted with amnesty are the following:
- Rebolusyonaryong Partido ng Manggagawa ng Pilipinas/Revolutionary Proletarian Army/Alex Boncayao Brigade (RPMP-RPA-ABB)
- Communist Party of the Philippines-New People’s Army-National Democratic Front (CPP-NPA-NDF)
- Moro Islamic Liberation Front (MILF)
- Moro National Liberation Front (MNLF)
— VDV, GMA Integrated News