Question & AnswerQ&A (PROCLAMATION No. 8)
The main purpose of Proclamation No. 8 is to grant amnesty to all persons who committed acts penalized under the Revised Penal Code in furtherance of resistance to the enemy during the Japanese occupation of the Philippines.
The amnesty applies to all persons who committed acts penalized under the Revised Penal Code in furtherance of the resistance to the enemy or against persons aiding the enemy's war efforts from December 8, 1941 until the liberation of each area from enemy control.
Yes, the amnesty does not apply to crimes against chastity or to acts committed from purely personal motives.
The amnesty covers acts committed between December 8, 1941 and the date when each particular area of the Philippines was actually liberated from enemy control and occupation.
The Guerrilla Amnesty Commissions are established to examine the facts and circumstances of each case where charges have been or may be filed, conduct summary hearings if necessary, and decide if the case falls within the terms of the amnesty, granting release or discharge if applicable.
If a Commission decides a case is not covered by the amnesty, the case proceeds in the courts according to usual legal procedures. The accused may still present evidence during trial to prove applicability of amnesty, and if proven, the judge shall declare the amnesty effective and release the accused.
Yes, the fact that the Commission has rendered an adverse verdict shall prejudice the accused in his defense, but the accused still has the opportunity to prove applicability of amnesty before the trial judge.
Once amnesty is declared effective, the accused shall be immediately released or discharged from legal jeopardy.
They were not regarded as criminals but as patriots and heroes who rendered invaluable services to the nation in resisting the enemy.