QuestionsQuestions (PROCLAMATION NO. 1090)
It is granted by the President by virtue of the powers vested under Section 19, Article VII of the 1987 Constitution.
Crimes punishable under the Revised Penal Code and special penal laws committed in pursuit of political beliefs, including (non-exhaustive) rebellion/insurrection and related offenses such as sedition, illegal assembly/association, direct/indirect assault, resistance to a person in authority, tumults/disturbances, unlawful use of means of publication, alarms/scandals, and illegal possession of firearms/ammunition/explosives when committed in furtherance/incidence/in connection with rebellion/insurrection.
No. Coverage is limited to crimes committed in pursuit of political beliefs; it also expressly excludes certain serious crimes and other non-covered offenses.
It shall not cover kidnap for ransom, massacre, rape, terrorism, crimes against chastity, crimes committed for personal ends, violation of RA 9165, grave violations of the Geneva Convention of 1949, and UN-identified non-amnestiable crimes such as genocide, crimes against humanity, war crimes, torture, enforced disappearances, and other gross violations of human rights.
It includes acts or omissions performed as part of a plan, program of action, or strategy decided by rebel leadership to overthrow and replace the National Government or duly constituted authority, with or without use of arms.
Those already proscribed and those charged under RA 9372 (Human Security Act of 2007) or RA 11479 (Anti-Terrorism Act of 2020) are not granted amnesty under this proclamation.
They may qualify only if they can establish by substantial evidence that they actually committed the common crimes in pursuit of political beliefs.
Any MILF member who committed the covered act or omission in pursuit of political belief, including those detained, charged, or convicted for such acts, provided the crime was committed prior to the issuance of the proclamation.
They no longer qualify to apply under this proclamation. However, applicants whose previous applications were not considered solely due to being filed outside the reglementary period may apply under this proclamation.
The application must be in writing and under oath; the applicant must admit guilt of the offense for which they are criminally liable; and they must turn over whatever firearms, weapons, and/or explosives they possess upon application for amnesty without incurring liability for illegal possession.
No. Filing does not ipso facto result in a grant. Applicants must be found qualified through due deliberation of the Amnesty Commission and approval by the President; only then is a Certificate of Amnesty issued.
It receives and processes applications and determines whether applicants are entitled to amnesty under the proclamation.
It extinguishes criminal liability for acts committed in pursuit of political beliefs, without prejudice to civil liability for injuries or damages to private persons; it also restores civil or political rights suspended or lost by virtue of criminal conviction.
Sworn applications, testimony, and evidence submitted in support of the application that are not otherwise available to the prosecution cannot be used as evidence against the applicant in other proceedings where amnesty is not in issue, except for perjury committed in the course of relevant testimony.
Within one (1) year from the effectivity of the proclamation.
It takes effect upon concurrence by a majority of all the Members of Congress.
The Amnesty Commission must issue the implementing rules and regulations not later than sixty (60) days upon the effectivity of the proclamation.