
Lt. Antonio Trillanes and Brig. General Danilo Lim addressing the media in their failed putsch against President Arroyo in 2007. (Photo not mine)
Amnesty is an exercise of political power. It is political in nature. It is usually granted as a blanket clemency on a certain class or group of people who committed political crimes, or crimes which are political in nature. It is inherent in any government to have the power to “forgive” political offenders and extinguish their crimes and their liabilities. It is distinguished from pardon which is usually granted to individuals for ordinary crimes and is based on the power to correct miscarriages of justice, especially to the poor and marginalized. Amnesty extinguishes the crime totally, as if the act committed was never a crime in the first place (without prejudice to civil liability for damages). Pardon, on the other hand, only extinguishes the penalty, and may be subject to conditions, but recognizes the act as a crime–which is why it is only granted to those who have been convicted by final judgment, as opposed to amnesty which can be granted to any alleged criminal during trial, as long as he confesses to the acts committed.
Here are two examples of past Presidents’ exercise of amnesty: In 1946, President Manuel Roxas granted amnesty to all post-war criminals who committed acts such as murder in furtherance of the guerilla resistance against the Japanese; in 1986, President Corazon Aquino granted amnesty to political prisoners of the Marcos regime after the latter’s overthrow. In both instances, we see the distinct political character of amnesties. They are meant to correct political injustices of previous eras.
Some people are expressing their disapproval of the amnesty grant to the Magdalo soldiers for condoning criminals and rewarding crimes. I think we have to make a distinction between condoning and rewarding ordinary crimes from extinguishing political offenses.
Amnesty does not reward criminals. The crimes rebels commit are usually against oppressive and corrupt regimes. Rebels are rebels because the prevailing government at the time says so. They are not ordinary criminals. Amnesty simply recognizes the very idea of rebellion and the inherent power of the people to rebel and resist oppression. The power to forgive political offenses must be inherent in any new government or administration to correct the political oppresion of any past dispensation.

















The banner headline of the Philippine Daily Inquirer today caught me off-guard. “GMA: No to Tuition Hike.” What a spin that was!
It comes to me with slight surprise that there is little talk among students and bloggers with regards to the imminent shortage of rice in the country. I don’t know, perhaps, as a middle class concern, the pursuit of low-carb diets and the shortage of rice go hand-in-hand? Or perhaps since we all apparently have alternative sources of nutrition, rice shortage isn’t really a primary concern? Or because many of us can afford it at 40 pesos a kilo anyway? I don’t really know. But for the common Filipino who remains to be poor, rice is one of the cheapest foods that sustain his daily nutrition, especially for the many work of his (if any) that require intensive manual labor. Just the thought of rice at 40 or 50 pesos per kilo must be really alarming and terrifying. When shall it be alarming for the rest?





law student, national democracy activist, film school graduate, photography hobbyist