From: tito@ocf.berkeley.edu (Tito Domine)
Newsgroups: soc.culture.filipino
Subject: Legalization Of The CPP Is Good
Date: 16 Aug 1992 03:33:04 GMT
Organization: U. C. Berkeley Open Computing Facility
Distribution: world
NNTP-Posting-Host: headcrash.berkeley.edu

	In Article 6064 of soc.culture.filipino:

>1. TOTAL AMNESTY: Newly elected Speaker of the House of
>Representatives, Jose de Venecia has said that he and his
>151 member "rainbow coalition" in Congress will push for a
>"total, unconditional, absolute amnesty" for all rebels.
>This is in contrast to Pres. Ramos' offer of amnesty on
>condition that Rebels lay down their arms first.

>2.  A 2-STEP PLAN: is proposed by De Venecia: 1st) automatic
>and immediate amnesty to some 4000  rebels who have already
>applied for it and were endorsed by Ramos in his State-of-
>the-Nation address to Congress on 27 July; 2nd)  amnesty for
>an estimated 26,000 more rebels from the CPP/NPA/NDF, the
>RAM (Military rebels) and the MNLF (Muslims).

>3. PROBLEM:  One of the problems with both the President's
>"conditioned amnesty" and De Venecia's "total amnesty" is
>that many Political Detainees are charged with "ordinary
>criminal offenses" and "illegal possession of firearms in
>furtherance of rebellion" -- all unbailable resulting in
>prolonged detention without trial or court orders!!

	If I'm not mistaken, this is very easy to solve.
Either resolve it in the lower courts or elevate their
cases to the Supreme Court.

	I believe is was in "R.P vs Lava" case that the Phil
SC held that you cannot be charged with "rebellion"/"sedition"
and "illegal possession of firearms" at the same time. The
logic being that when an individual decides to engage in
rebellious activity, it is a matter of course, that arms are
borne, stored, used, stolen or purchased. Of course, you
have to have arms to rebel.

	But the curious thing is that "illegal possession of
firearms" carries with it stiffer penalties than "rebellion 
or sedition" which are really political offenses.

	In fact, this was the argument that the Phil SC used
to throw out the "illegal possession of firearms" against
Juan Ponce Enrile when he was charged with "rebellion/conspiracy,
etc" with the RAM. 
	    
	    As soon, as political amnesty is declared, all
political prisoners should go FREE. Prisoners charged with
criminal offenses UNRELATED to rebellion/sedition/conspiracy
like "rape, etc" should be given due process right away.

>4.  A LEGALIZED COMMUNIST PARTY:  would not affect those De
>    tainees charged with "ordinary criminal offenses". There is
>     still the Marcos Presidential Decree 1866 -- a "catch-all"
>    law often evoked after "planting" a gun or grenade on an
>    suspected rebel when arrested.  This must be invalidated.

>5. NO OPPOSITION:  Defense Secretary Renato De Villa, a
>former General, said "the senior commanders of the Armed
>Forces expressed full accord and support" for plans to
>legalize the CPP/Communist Party of the Philippines.  "I
>think it will be a great help in setting the climate for a
>final general amnesty program" said De Villa. The momentum
>for peace is picking up!

	Though way, way overdue, the legalization of the CPP
will finally assure the left that the incumbent regime is
serious about peace. It will encourage many sincere and patriotic
people, though misled, to come forward and contribute towards
a better society. First, legalize the CPP and all its organizations,
then a full amnesty for political offenses.

	If this bill passes through Congress, the Left will have
to show their sincerity by not making unreasonable demands (like
they did in 1985-86) where they asked for complete land reform,
nationalization of industries, etc which could not and cannot
be implemented.

	They will have to achieve their goals by the open, democratic 
process.

	What do you think  ?

tito