QuestionsQuestions (PROCLAMATION No. 8)
To grant amnesty to persons who committed acts penalized under the Revised Penal Code in furtherance of resistance to the enemy (Japanese occupation) or against persons aiding the enemy, during the specified period, so they would be freed from criminal liability.
Acts penalized under the Revised Penal Code.
The act must have been committed in furtherance of the resistance to the enemy (or against persons aiding the enemy in war efforts).
From December 8, 1941 to the date when each particular area of the Philippines was actually liberated from enemy control and occupation.
Crimes against chastity and acts committed from purely personal motives.
It recognizes that “the fact that such acts were committed in furtherance of the resistance to the enemy is not a valid defense” under Philippine law; therefore, amnesty is used to remove criminal liability.
The President of the Philippines (Manuel Roxas) grants the amnesty under Article VII, Section 10, Paragraph 6 of the Constitution.
Guerilla Amnesty Commissions examine facts and circumstances; if the case falls within the proclamation, the Commission declares that the amnesty is effective, and the accused is released or discharged.
To examine cases, conduct summary hearings if necessary (with witnesses for both complainant and accused), decide whether each case is within the amnesty, and declare effectiveness once it qualifies.
By examining facts and circumstances around the case and, if necessary, holding summary hearings of witnesses for both sides, then issuing a decision on whether the case qualifies.
The usual legal procedure in the courts continues, but the adverse verdict of the Commission “shall prejudice the accused in his defense.”
The Commissions may conduct summary hearings with witnesses both for the complainant and the accused.
Yes. It grants amnesty in favor of persons who committed acts penalized under the Revised Penal Code both (1) in furtherance of resistance to the enemy and (2) against persons aiding in the enemy’s war efforts.
It emphasizes that without the least possible delay, those covered should be freed from indignity and jeopardy; once the Commission (or later, the trial judge) determines eligibility, amnesty becomes immediately effective and release/discharge follows.
There is an evaluation mechanism through the Guerilla Amnesty Commissions; amnesty effectiveness requires a determination that the case falls within the proclamation.