QuestionsQuestions (OP PROCLAMATION NO. 75)
Section 19, Article VII of the 1987 Constitution expressly vests in the President the power to grant amnesty.
Crimes in connection with, in relation to, or incident to: (1) July 27, 2003 Oakwood Mutiny, (2) February 2006 Marines Stand-Off, and (3) November 29, 2007 Peninsula Hotel Manila Incident.
All active and former personnel of the AFP and PNP, as well as their supporters, who have or may have committed covered crimes, provided they apply and qualify.
Amnesty shall not cover rape, acts of torture, crimes against chastity, and other crimes committed for personal ends.
The applicant must apply under oath and must be found entitled by the ad hoc committee/DND (subject to appeal to the Office of the President) as having committed covered offenses incident to the specified events and not excluded by the Proclamation.
Applications are filed under oath with the ad hoc committee of the Department of National Defense (DND), which receives and processes applications and oppositions.
The DND ad hoc committee receives and processes applications including oppositions thereto, if any, and then determines eligibility.
Yes. The final decision/determination of the DND is appealable to the Office of the President by any party to the application.
No. The decision is immediately executory even if appealed.
Applications must be filed within ninety (90) days following the date of publication of the Proclamation in two (2) newspapers of general circulation.
The Proclamation must be published in two (2) newspapers of general circulation; the 90-day period starts from the date of publication.
The Proclamation takes effect upon concurrence of a majority of all Members of Congress; it also states the 90-day filing period runs following publication as concurred in by a majority of all members of Congress.
Amnesty extinguishes any criminal liability for acts committed in connection with, incident to, or related to the specified incidents.
No. Amnesty extinguishes criminal liability but does so without prejudice to the grantee’s civil liability for injuries or damages caused to private persons, if any.
Except as provided, the grant restores civil and political rights or entitlement that may have been suspended, lost, or adversely affected by virtue of executive/administrative/criminal action or proceedings related to the incidents, including criminal conviction.
Not all. It differentiates by rank: (1) enlisted up to Technical Sergeant (AFP) and PNP up to Senior Police Officer 3 may be reintegrated/reinstated; (2) commissioned and non-commissioned officers (AFP) of at least Master Sergeant and PNP of at least Senior Police Officer 4 are not entitled to remain in service, reintegration, or reinstatement.
For enlisted up to Technical Sergeant and PNP up to Senior Police Officer 3: they are not entitled to back pay during the time they were discharged or suspended or unable to perform duties.
All AFP and PNP personnel granted amnesty who are not reintegrated or reinstated may be entitled to retirement and separation benefits if qualified under existing laws and regulations, as of the time of separation, unless they forfeited such benefits for reasons other than the acts covered.