Question & AnswerQ&A (PROCLAMATION NO. 75)
The purpose of Proclamation No. 75 is to grant amnesty to all active and former personnel of the Armed Forces of the Philippines (AFP), the Philippine National Police (PNP), and their supporters who have committed crimes punishable under the Revised Penal Code, the Articles of War, or other laws in connection with the Oakwood Mutiny, the Marines Stand-Off, and the Manila Peninsula Incident, with exceptions for certain crimes.
All active and former personnel of the AFP and PNP as well as their supporters who were involved in the July 27, 2003 Oakwood Mutiny, February 2006 Marines Stand-Off, and November 29, 2007 Manila Peninsula Incident, provided they apply for amnesty and have not committed excluded crimes such as rape, acts of torture, crimes against chastity, and other crimes committed for personal ends.
Amnesty does not cover rape, acts of torture, crimes against chastity, and other crimes committed for personal ends.
Applications must be filed with the ad hoc committee of the Department of National Defense (DND), which is tasked with receiving, processing, and determining the entitlement to amnesty.
Applications must be filed within ninety (90) days following the publication of the proclamation in two newspapers of general circulation and after concurrence of the majority of all members in Congress.
Amnesty extinguishes any criminal liability for acts committed in relation to the specified incidents but does not prejudice civil liability for injuries or damages caused to private individuals.
Yes. Enlisted AFP personnel up to Technical Sergeant rank and PNP personnel up to Senior Police Officer 3 who are granted amnesty may be reinstated or reintegrated but without back pay during the period they were out of service. Commissioned and non-commissioned AFP officers of Master Sergeant rank and PNP personnel of at least Senior Police Officer 4 are not entitled to remain in service or reinstatement.
Yes. Those not reinstated or reintegrated are entitled to retirement and separation benefits if qualified under existing laws, unless forfeited for reasons other than the acts covered by the proclamation. Those reinstated will receive benefits upon actual retirement.
Yes, the final decisions of the DND can be appealed to the Office of the President by any party to the application, but the decision shall be immediately executory even if appealed.
Yes, it supersedes Proclamation No. 50 issued on October 11, 2010, which is hereby deemed recalled.
It takes effect upon concurrence by a majority of all the members of Congress.