clarificatory implementing document (cid) · insurrection (art.136,rpc) disloyalty of public...
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CLARIFICATORY IMPLEMENTING DOCUMENT (CID)To the 2000 GPH-RPM-P/RPA/ABB Peace Agreement
2019 2020 2021
DISPOSITION OF ARMS,FORCES, AND SECURITY
ARRANGEMENTS
COMPONENTS
PARDON AND RELEASEOF REMAINING ALLEGED
POLITICAL OFFENDERS
SOCIAL AND ECONOMICREINTEGRATION OF
KAPATIRAN MEMBERS
FULL TRANSFORMATIONOF KAPATIRAN INTO A
CIVILIAN ORGANIZATION
COMMUNITYPEACE DIVIDENDS
GPH – Government of the PhilippinesRPM-P/RPA/ABB – Rebolusyonaryong Partido ng Manggagawa-Pilipinas/Revolutionary Proletariat Army/Alex Bongcayao BrigadePCBReP – Presidential Committee on Grant of Bail, Release, or Pardon
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FULL TRANSFORMATION OF KAPATIRAN FROM AN ARMEDGROUP TO A CIVILIAN ORGANIZATION ENGAGING INSOCIO-ECONOMIC AND POLITICAL ACTIVITIES
CONTINUED SUPPORT TO LIVELIHOOD AND ENTERPRISE DEVELOPMENT FOR 100 BARANGAYS JOINTLY IDENTIFIED BY TPG, AFP, AND PNP SUSTAINABLE PROCESS OF DEVELOPMENT
DETERMINE TIMELINES AND APPLICABLE PROCESSES ON THE DISPOSITION OF ARMSAND FORCES, AND CONDUCT OF REGULAR SECURITY ASSESSMENTS
MONITORINGJEMCJoint Enforcement
& Monitoring Committee
The KAPATIRAN shall ensure that the transformation extends at the individual level.
2 Representatives from GPH; 2 Representatives from KAPATIRAN; 1 Third Party Representative from NGO/CSO or a private individual, mutually agreed by the Parties
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SCOPE ANDCOVERAGE
Aklan, Antique, Bukidnon, Iloilo, Negros Province, and partsof Davao and Ilocos Sur
727 Profiled RPM-P/RPA/ABB-TPG Members
Settlement SitesCongregated Sites
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RPM-P/RPA/ABB-TPG members/next of kin to be trained and to form the Community Defense Group
NGO – Non-government OrganizationCSO – Civil Society OrganizationAFP – Armed Forces of the Philippines
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PNP – Philippine National Police
Full and immediate disposition arms, ammunition and explosives based on the inventory submitted by KAPATIRAN and validated by OPAPP through the PNP
Transition of qualified KAPATIRAN members into military auxiliaries in their area of responsibility.
Creation of a joint body composed of representativesof AFP, PNP, OPAPP and KAPATIRAN, under the supervision of JEMC within 30 days after signing of the CID
ESTABLISHMENT OF SETTLEMENT SITES AS PEACE AND DEVELOPMENT COMMUNITY (PDC) AND PROVISION OF GOVERNMENT SOCIAL PROTECTION PACKAGES TO KAPATIRAN MEMBERS AS GROUPS OR INDIVIDUALS
PROVISION OF THE FOLLOWING:HousingTenurial SecurityAccess RoadsElectricity and WaterPotable Water
Health ServicesEducational facilitiesLivelihood assistanceCommon Service FacilitiesSecurity arrangements
LivelihoodSocial protectionEmployment through variousgovernment agencies
Settlement SitesCongregated Sites
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Persons listed under the provisions of 2000 Peace Agreementand profiled KAPATIRAN membersContinued processing of resolution of cases of alleged politicaloffenders and prisoners through Bail, Release, and Pardon
RELEASE OF THE REMAINING ALLEGEDPOLITICAL OFFENDERS (APOs)
Processing the resolution of cases of APOsand political prisoners (PPs) will be continued through the PCBRep.
It is reconstituted and reconvened, upon the recommendation of the Department of Justice to review, process and recommend the release of qualified APOsand PPs.
OPAPP also commits to facilitate the issuanceof an Amnesty Proclamation to be availed by qualified KAPATIRAN members.
Treason (Art.114,RPC)Conspiracy and proposal to commit treason (Art.115,RPC)Misprision of treason (Art. 116, RPC)Espionage (Art.117,RPC)Rebellion or insurrection (Art.134,RPC)Conspiracy and proposal to commit rebellion or insurrection (Art.136,RPC)Disloyalty of public officers and employees (Art.137,RPC)Inciting to rebellion or insurrection (Art.138,RPC)Sedition (Art.139,RPC)Conspiracy to commit sedition (Art. 141, RPC)Inciting to sedition (Art 142, RPC)Acts tending to prevent the meeting of the National Assembly (Art. 143, RPC)Illegal Assemblies (Art. 146, RPC)Illegal Associations (Art. 147, RPC)Direct Assault (Art. 148, RPC), Indirect Assault (Art. 149, RPC), Resistance and Disobedience to a person in authority or agents of such person or persons (Art. 151, RPC)Violation of PD 1866, illegal possession of firearms and/or explosives
CRIMES OR OFFENSES COVERED:1.2.
3.4.5.6.
7.
8.9.10.11.12.
13.14.15.
16.
Persons charged, detained, or convicted of common crimesbut who can establish by substantial evidence that they have committed it in pursuit of political objectives may apply for possible grant of bail, release, or pardon under PCBRep.
Crimes committed in pursuit of political objectives or belief include acts performed as part of a plan to overthrow and replace the National Government, with or without use of arms.
Persons listed under the provisions of 2000 Peace Agreement and KAPATIRAN members who were profiled by OPAPP may apply for the resolution of cases and releasing of APOs.
COMMUNITY PEACE DIVIDENDSOPAPP commits to provide grants to communities as Peace Dividends to support livelihood and enterprise development.
Community Peace Dividends mean provisionof livelihood resources aimed at enabling the communities to jumpstart a sustainabledevelopment process with the support and participation of local governments and other stakeholders.
FULL TRANSFORMATION OFKAPATIRAN INTO A CIVILIANORGANIZATION
With the signing of the Clarificatory Implementing Document (CID) The Office of the Presidential Adviser on the Peace Process (OPAPP) and Kapatiran Para sa Progresong Panlipunan, Inc. (KAPATIRAN) agree to conclude the following components:
Disposition of Arms and Forces and Security AgreementsRelease of remaining Alleged Political Offenders (APOs)Social And Economic Reintegration of Kapatiran MembersTransformation of Kapatiran into a Civilian Organization Engaging in Socio-economic and Political ActivitiesCommunity Peace Dividends
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DISPOSITION OF ARMS, FORCES,AND SECURITY ARRANGEMENTS
Full and immediate disposition of arms, ammunition and explosives based on the inventory submitted by KAPATIRAN and validated by OPAPP through the PNP;Training of qualified KAPATIRAN members to military auxiliaries in their respective localities;Creation of a joint body composed of representatives of the AFP, PNP, OPAPP, and KAPATIRAN, under the supervision of the JEMC, within thirty (30) days after signing of the CID.
The joint body shall be responsible for determining the timelines and applicable processes on the disposition of arms and forces, and the conduct of regular security assessments.
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SOCIAL AND ECONOMICREINTEGRATION OFKAPATIRAN MEMBERSEstablishment of settlement sites categorized asPeace and Development Communities (PDCs)and Congregated Areas:
Technical assistance;Budgetary and facilitationsupport for organizationaldevelopment;Capacity-building interventionsto KAPATIRAN members
Brgy. Bagonbon in San Carlos City, Negros OccidentalBrgy. Villacin in Cadiz City, Negros OccidentalBrgy. Locotan in Kabankalan City, Negros OccidentalTri-boundaries of Brgy. San Miguel in Tanjay City, Brgy. Enrique Villanueva in the Municipality of Sibulan; and Brgy. Jantianon in the Municipality of Amlan, Negros OrientalBrgy. Cabugao in the Municipality of Ibajay, Aklan
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Congregated Areas – Four (4) settlement areasother than the PDCs, to be identified by KAPATIRAN and to be acquired and developedby the government.
OPAPP shall provide the following: