QuestionsQuestions (PROCLAMATION NO. 347)
Proclamation No. 347 cites the President’s power under Section 19, Article VII of the 1987 Constitution, as the authority to grant amnesty.
It covers crimes committed on or before the application period’s trigger in pursuit of political beliefs, punishable under the Revised Penal Code or special laws, including rebellion/insurrection, coup d’état, conspiracy/proposal to commit rebellion/insurrection/coup d’état, disloyalty of public officers, inciting to rebellion/insurrection, sedition and related offenses, illegal assembly/association, direct/indirect assault, resistance/disobedience to persons in authority, tumults/disturbances of public order, unlawful use of means of publication/utterances, alarms and scandals, illegal possession of firearms/ammunition/explosives incident to or in connection with rebellion/insurrection, and certain Articles of War offenses (e.g., desertion, absence without leave, mutiny/sedition, failure to suppress, various crimes, conduct unbecoming, general article).
It does not cover crimes against chastity and other crimes committed for personal ends.
The crimes must be committed on or before thirty (30) days following the publication of the Proclamation in two (2) newspapers of general circulation.
The act must be committed “in pursuit of political beliefs,” including crimes incident to or in connection with rebellion/insurrection.
No. The surrender is not a condition for amnesty. However, applicants may surrender firearms within sixty (60) days from effectivity without liability for illegal possession.
Amnesty extinguishes criminal liability for acts committed in pursuit of a political belief, but it does not prejudice civil liability for injuries or damages caused to private persons.
The grant of amnesty effects the restoration of civil or political rights suspended or lost by virtue of criminal conviction.
No. Amnesty does not ipso facto result in reintegration or reinstatement into AFP/PNP service. Reintegration/reinstatement remains governed by existing laws and regulations.
The amnesty may reinstate the right to retirement and separation benefits for qualified AFP/PNP personnel under existing laws, unless those benefits were forfeited for reasons other than the acts covered.
To receive and process applications for amnesty and determine whether applicants are entitled to amnesty under the Proclamation.
Final decisions/determinations are appealable to the Court of Appeals.
The testimonies of the applicant and witnesses and any evidence presented that is not otherwise available to the prosecution may not be used as evidence against the applicant in any other proceeding where amnesty is not in issue, except for perjury committed in testifying.
All persons who have or may have committed the crimes enumerated in Section 1 within the prescribed period, including those detained, charged, or convicted for the same crimes.
Applications must be filed under oath within six (6) months from the effectivity of the Proclamation.
It takes effect upon concurrence by a majority of all the Members of Congress.