Guilty plea required for amnesty applicants

Military and police personnel who are linked to attempts to overthrow the Arroyo administration will have to admit their guilt first before they can avail of the amnesty granted by President Benigno Aquino III on alleged mutineers. This was according to the implementing rules and regulation (IRR) prepared by a Department of National Defense committee tasked to accept and process the applications of those who will want to avail of the amnesty. The IRR also said the applicants must recant all their previous statements that are contrary to their admission of guilt and participation. “No application shall be approved without an express admission by the applicant of actual involvement/participation with, in relation or incident to the July 27, 2003 Oakwood Mutiny, the February 2006 Marines Stand-off and/or the November 29, 2007 Peninsula Manila Hotel Incident and that such involvement/participation constituted a violation of the 1987 Constitution, criminal laws and the Articles of War, as indicated in the application form," a portion of the five-page IRR read. A copy of the IRR dated Dec. 21 was shown to reporters by a Defense official on Tuesday. It was signed by the members of the five-man DND committee headed by Undersecretary Honorio Azcueta, and by Defense Secretary Voltaire Gazmin. Attached to the IRR was a one-page form that would have to be filled up by the applicants, who will be given 90 days to apply upon the effectivity of the amnesty. According to the IRR, the amnesty will extinguish any criminal liability for the acts committed by the affected soldiers and policemen in connection with the coup attempts “without prejudice to the grantee’s liability for injuries or damage caused to private individuals." The grant of amnesty will also result in the restoration of civil and political rights or entitlement that may have been “suspended, lost, or adversely affected by virtue of any executive, administrative or criminal actions or proceedings against the grantee in connection with the subject incidents, including criminal conviction of any form, if any." It also provides for the reintegration or reenlistment of technical sergeants or senior police officers and lower ranking personnel upon the approval of their application. “However, they shall not be entitled to back pay during the time they have been discharged or suspended from the service or unable to perform their military or police duties," the IRR said. Military and police personnel who are granted amnesty but are not reintegrated or reinstated, meanwhile, shall be entitled to retirement and separation benefits. DND spokesman Eduardo Batac said the IRR will become final upon consultation with Malacañang. He said the DND committee will start accepting applications for amnesty upon publication of the IRR in two national newspapers. The IRR, however, did not sit well with Trixie Angeles, counsel for a number of officers qualified to avail of the amnesty. “I think the IRR is in excess. There seems to be a grave abuse of discretion [by the DND] because it is not stated in Proclamation No. 75 that there should be admission of guilt. If the President intended that, it should have been made clear in the legislation itself," said Angeles. “By admitting guilt, it means that you are saying that it (actuation) was wrong and by saying that it was wrong, it’s like you are exonerating [Arroyo]. For me, its not acceptable at the moment," she added. Angeles is also representing former Scout Ranger operations officer Maj. Jason Aquino, who is linked to a coup plot in February 2006. She stressed that Aquino will not be availing of the amnesty, citing, among others the provision that disqualifies them to return to service. Marine Col. Ariel Querubin, one of the leaders of the February 2006 plot, said the 1995 amnesty granted to him and other rebels involved in the failed coups in the 1980s did not require them to admit guilt. In a phone interview, Querubin said they thought that they will merely be asked to admit their participation in the plots under the new amnesty proclamation, adding that it is the court that should be establishing their guilt. Querubin said he has yet to see the IRR in the latest amnesty. “It (admission of guilt) was not included in the 1995 amnesty. It was just an admission of your participation. The guilt was merely implied," he said. Nevertheless, Querubin said the only problem in admitting the guilt is in the event when their applications are denied. “It will have no effect unless they will deny it (application). Your case will be prejudiced. If you apply, admit guilt and then all of the sudden, they deny you, you will be prejudiced in your case. That will be the only effect," he said. - KBK, GMANews.TV