Question & AnswerQ&A (PROCLAMATION NO. 405)
The purpose of Proclamation No. 405 is to grant amnesty to members of the Moro Islamic Liberation Front (MILF) who have committed crimes punishable under the Revised Penal Code and special penal laws in furtherance of their political beliefs, as part of the government's comprehensive peace efforts.
The President of the Republic of the Philippines, by virtue of the powers vested in him by Section 19, Article VII of the Constitution, is authorized to grant amnesty under this Proclamation.
Crimes covered include rebellion or insurrection, conspiracy and proposal to commit rebellion or insurrection, disloyalty of public officers, inciting rebellion or sedition, sedition and conspiracy thereto, illegal assembly and association, direct and indirect assault, resistance and disobedience to authority, tumults, unlawful use of publication means, alarms and scandals, illegal possession of firearms (related to rebellion), and common crimes committed in pursuit of political beliefs.
Yes, amnesty does not cover kidnap for ransom, massacre, rape, terrorism, crimes against chastity defined in the Revised Penal Code, crimes committed for personal ends, violation of the Comprehensive Dangerous Drugs Act, grave violations of the Geneva Convention, and crimes identified by the United Nations as non-amnestied such as genocide, crimes against humanity, war crimes, torture, enforced disappearances, and other gross human rights violations.
No, persons who have already been granted amnesty under previous proclamations are no longer qualified to apply for amnesty under this Proclamation. However, those whose applications were not considered due to being filed outside the reglementary period may apply under this Proclamation.
An applicant must submit a written and sworn admission of guilt for the offense they are liable for and surrender any firearms, weapons, or explosives in their possession without incurring liability for illegal possession, regardless of the grant or denial of the amnesty application.
No, the filing of an application does not automatically grant amnesty. Applicants must be found qualified after due deliberation by the Amnesty Commission and approved by the President to receive a Certificate of Amnesty.
An Amnesty Commission is created to receive, process, and determine whether applicants are entitled to amnesty under this Proclamation.
Amnesty extinguishes any criminal liability for acts committed in pursuit of political beliefs but does not prejudice civil liability for injuries or damages caused to private persons. It also restores civil or political rights suspended or lost due to criminal conviction.
Yes, sworn applications and any testimonies or evidence given in support of the application not available to the prosecution cannot be used as evidence against the applicant in other proceedings where amnesty is not an issue, except for perjury committed during amnesty-related testimonies.
Applications must be filed within two (2) years from the effectivity of the Proclamation.
This phrase includes acts and omissions undertaken as part of plans or strategies by rebel leadership aimed at overthrowing or replacing the national government or authorities, with or without arms.
No, amnesty shall not be granted to persons charged under RA No. 9372 (Human Security Act) or RA No. 11479 (Anti-Terrorism Act) of 2020.
The Proclamation takes effect upon concurrence by a majority of all the Members of Congress.