Question & AnswerQ&A (PROCLAMATION NO. 404)
The purpose is to grant amnesty to members of the CPP-NPA-NDF who committed crimes punishable under the Revised Penal Code and special penal laws in furtherance of their political beliefs to promote peace and reconciliation.
Crimes include rebellion or insurrection, conspiracy to commit rebellion, sedition, illegal assembly, direct and indirect assault, illegal possession of firearms in relation to rebellion, and other politically motivated offenses as listed in Section 1.
Excluded crimes are kidnap for ransom, massacre, rape, terrorism, crimes against chastity, drug-related offenses under RA 9165, grave violations of the Geneva Convention, and crimes such as genocide, crimes against humanity, war crimes, torture, enforced disappearances, and other gross human rights violations.
Any member or former member of the CPP-NPA-NDF who committed crimes in furtherance of political beliefs prior to the issuance of the Proclamation, including those detained, charged, or convicted, may file an application.
The applicant must submit a written and sworn admission of guilt for the offense and surrender firearms, weapons, or explosives in their possession upon application.
The Amnesty Commission receives and processes applications, determines eligibility for amnesty, and issues Certificates of Amnesty to qualified applicants.
Amnesty extinguishes criminal liability for politically motivated acts, restores civil and political rights lost due to conviction, but does not prejudice civil liability for damages caused to private persons.
Applications must be filed within two years from the effectivity of the Proclamation.
No, sworn applications, testimonies, and evidence are confidential and inadmissible in other proceedings, except for prosecution for perjury committed during the amnesty process.