Policy and Purpose of Amnesty
- The Proclamation is intended to enhance and hasten the peace process by reintegrating rebels and insurgents into the mainstream of society under the rule of law.
- The Proclamation supports reintegration of persons who may have committed unlawful acts in pursuit of political beliefs.
- The Proclamation frames amnesty as one of the six paths to a just and lasting peace recommended by the National Unification Commission.
- The Proclamation provides a government mechanism to act on rebel and insurgent returnees’ requests for amnesty, consistent with the pursuit of negotiated settlement arrangements.
Coverage: Crimes and Qualified Applicants
- Amnesty is granted to all persons who shall apply and who have or may have committed covered crimes in pursuit of political beliefs.
- Amnesty covers crimes committed on or before thirty (30) days following the publication of this Proclamation in two (2) newspapers of general circulation.
- Covered crimes include those punishable under the Revised Penal Code or special laws, including rebellion or insurrection.
- Covered crimes also include coup d'etat, conspiracy and proposal to commit rebellion, insurrection or coup d'etat, disloyalty of public officers or employees, inciting to rebellion or insurrection, sedition, and conspiracy to commit sedition.
- Covered crimes further include inciting to sedition, illegal assembly, illegal association, direct assault, indirect assault, resistance and disobedience to a person in authority or the agents of such person, tumults and other disturbances of public order, unlawful use of means of publication and unlawful utterances, and alarms and scandals.
- Amnesty covers illegal possession of firearms, ammunition or explosives when committed in furtherance of, incident to, or in connection with the crimes of rebellion or insurrection.
- Amnesty covers specified offenses under the Articles of War, including Article 59 (desertion), Article 62 (absence without leave), Article 67 (mutiny or sedition), Article 68 (failure to suppress mutiny or sedition), Article 94 (various crimes), Article 96 (conduct unbecoming an officer and a gentlemen), and Article 97 (general article).
- Amnesty excludes crimes committed for personal ends and specifically provides that amnesty shall not cover crimes against chastity and other crimes committed for personal ends.
Amnesty Effects and Civil Rights
- Amnesty under the Proclamation extinguishes any criminal liability for acts committed in pursuit of a political belief.
- Amnesty does not prejudice civil liability for injuries or damages caused to private persons.
- Amnesty restores civil or political rights that were suspended or lost by virtue of criminal conviction.
- Amnesty does not ipso facto result in reintegration or reinstatement into service of former AFP and PNP personnel.
- Reintegration or reinstatement of AFP and PNP personnel continues to be governed by existing laws and regulations.
- Amnesty reinstates the right of AFP and PNP personnel to retirement and separation benefits if they are qualified under existing laws, rules and regulations at the time of the commission of the acts covered by amnesty, unless they have forfeited those benefits for reasons other than the acts covered by the Proclamation.
Firearms, Ammunition, and Explosives
- The surrender of firearms, ammunitions and explosives is not a condition for amnesty.
- Applicants may surrender firearms within sixty (60) days from the effectivity of this Proclamation without incurring liability for illegal possession.
- The Government must continue to encourage rebels and insurgents to turn in firearms, ammunition, and explosives they may possess.
National Amnesty Commission Structure and Powers
- A National Amnesty Commission is created to receive and process applications for amnesty and determine whether applicants are entitled under the Proclamation.
- Final decisions or determinations of the Commission are appealable to the Court of Appeals.
- The Commission administers oaths, summons witnesses, and requires production of documents by subpoena duces tecum.
- Testimony of the applicant and witnesses, and evidence presented before the Commission, is not used as evidence against the applicant in any other proceeding where the amnesty is not in issue, except for perjury committed in so testifying.
- The Commission promulgates rules and regulations subject to the approval of the President.
- The Commission may call on any Government office, body, agency, instrumentality, council, and commission to assist in efficient and effective implementation of its functions.
- The Commission constitutes Local Amnesty Boards in provinces, cities, and municipalities as may be necessary.
- The Commission performs other functions necessary for proper implementation as authorized by the President.
Commission Membership, Funding, and Term
- The Commission has seven (7) members: a chairperson and three (3) regular members appointed by the President.
- The Secretary of Justice, the Secretary of National Defense, and the Secretary of the Interior and Local Government are ex-officio members.
- Operational and administrative expenses of the Commission are funded from the budget of the office of the President.
- The Commission’s term expires upon completion of its assigned tasks as determined by the President.
Application Eligibility and Filing Deadline
- Persons who have or may have committed the crimes enumerated in Section 1 within the period prescribed there, including those detained, charged, or convicted for the same crimes, may apply with the Commission for amnesty.
- Applications must be filed under oath with the Commission within six (6) months from the effectivity of the Proclamation.
Repeal, Separability, and Sunset
- No repeal, separability clause, or sunset of the amnesty itself is provided beyond the Commission’s term expiring upon completion of assigned tasks as determined by the President.