Question & AnswerQ&A (Republic Act No. 11545)
The NAC is tasked with receiving and processing amnesty applications and determining eligibility for amnesty to facilitate the reconciliation, rehabilitation, and integration of former rebels/insurgents into peaceful society, consistent with the Government's Comprehensive Peace Process.
The NAC is composed of seven members: a Chairperson appointed by the President, three Commissioners appointed by the President, and three ex-officio members which are the Secretary of Justice, Secretary of National Defense, and Secretary of the Interior and Local Government or their representatives.
Amnesty is an act of sovereign power that abolishes criminal liability for past political offenses, obliterates the offense, and allows the offender to stand before the law as if no offense had been committed.
Crimes committed in pursuit of a political belief on or before December 31, 1996, including rebellion, insurrection, coup d'état, conspiracy, sedition, illegal assembly, direct and indirect assault, illegal possession of firearms, and certain Articles of War offenses, among others, subject to additional date restrictions for specific rebel organizations.
Crimes such as rape, crimes against chastity, and other crimes committed for personal ends are not covered by the grant of amnesty.
Applications must be filed within one year from the effectivity of Proclamation No. 21 (on or before March 24, 2000). Applicants must file three copies of the application subscribed and sworn to before an authorized officer, together with ID photos and documentary evidence, at the NAC or the nearest Local Amnesty Board (LAB). Detained applicants may file at place of detention.
Any interested or concerned person can file opposition before the NAC decision to grant amnesty. Grounds include: applicant not qualified, the act is not subject to amnesty, or the applicant is a grantee under previous amnesty proclamations.
A Safe Conduct Pass is issued to applicants not under detention who personally file for amnesty, granting immunity from warrantless arrest or detention for investigation or preventive detention related to their political crimes, until revoked or denied.
Amnesty extinguishes criminal liability for the offenses covered but does not affect civil liability for damages caused to private persons.
No. While amnesty restores rights including retirement benefits if qualified, reintegration or reinstatement to service follows existing rules and is not automatic upon grant of amnesty.
If the applicant fails to appear after the third notice, the Safe Conduct Pass is automatically revoked and processing of the application is suspended until the applicant personally appears, but no later than one year from last scheduled conference.
LAB Chairperson and members serve a one-year term from the date of appointment unless they resign, lose qualification, or the NAC's term expires.
These are activities aimed at reintegration and rehabilitation of amnesty grantees such as providing livelihood and social welfare services, coordinated with agencies involved in the peace process.
NAC decisions require a majority vote with quorum of at least four members; LAB's recommendations require votes of at least three members in a meeting.
The NAC can require additional verification, conduct hearings, and investigate independently before making a final determination.