By Alexis Romero (The Philippine Star) Updated December 29, 2010
MANILA, Philippines - Rebel soldiers who will apply for amnesty are not required to recant their allegations against the Arroyo administration but should admit they violated laws when they participated in uprisings against the government, the Department of National Defense (DND) said.
The draft implementing rules of the amnesty proclamation state that applicants should admit to participation in the so-called Oakwood mutiny on July 27, 2003, the standoff at Marine headquarters in Fort Bonifacio on Feb. 26, 2006, and the Peninsula Manila hotel siege on Nov. 29, 2007.
The rules, however, did not state that applicants should renounce their opposition to the previous administration.
“Nothing was stated about statements against the previous administration. It does not state that you are at fault for speaking against the previous administration,” said DND spokesman Eduardo Batac. “It (allegations against the Arroyo government) is not connected to admission of guilt.”
He said rebel soldiers seeking pardon for their offenses would be required to admit participation in the incidences of rebellion to curb adventurism in the military.
“For an amnesty to be effective, the consensus of both houses (of Congress) is there should be admission of guilt and involvement or participation of any of the incidents mentioned,” Batac said.
The applicants will declare their admission in an application form they will submit to the Defense department.
The form will read: “I hereby acknowledge that my involvement/participation in the subject incident/s constituted a violation of the 1987 Constitution, criminal laws and the articles of war. I hereby recant my previous statements that are contrary, if any, to this expressed admission of involvement/participation and guilt.”
Section 11 of the implementing rules of the amnesty also requires applicants to recant all statements contrary to their admission of guilt.
The amnesty specifies that an application will not be approved without admission of guilt by the applicant.
Batac said the implementing rules of the amnesty proclamation would still be consulted with Palace officials. The rules will take effect after publication in two national newspapers.
Earlier, President Aquino signed Proclamation 75 granting amnesty to military personnel accused of attempting to topple the Arroyo administration. The amnesty covers 378 officers and enlisted men including Sen. Antonio Trillanes IV, a former Navy officer who led the Oakwood mutiny.
The amnesty also covers the cases of former Marine commandant Maj. Gen. Renato Miranda and Marine Col. Ariel Querubin, tagged in the Fort Bonifacio standoff, and Army Scout Ranger chief Brig. Gen. Danilo Lim who allegedly took part in the Peninsula siege.
The rebel officers accused the Arroyo administration of rigging the 2004 elections and engaging in anomalous transactions.
The amnesty would remove the criminal liability of the mutineers and restore their rights to retirement benefits. Officers and master sergeants covered by the amnesty will not be entitled to reinstatement.
Critics believe the amnesty proclamation would encourage military adventurism and affect the morale of soldiers. The Senate and the House of Representatives separately concurred with the amnesty proclamation this month.
The DND has formed a panel to process the amnesty applications.
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