Creation of Commission on Filipino Language

Article VII, Section 10, Paragraph 6 of the Constitution authorizes the President to proclaim an amnesty.
The President’s amnesty is issued “in accordance with” that constitutional authority.
The proclamation is framed to free persons from criminal jeopardy connected to covered wartime acts.

The proclamation declares that persons who committed covered acts should not be regarded as criminals but as patriots and heroes who rendered invaluable services to the nation.
The proclamation recognizes that acts committed in furtherance of resistance to the enemy are not a valid defense under existing law.
The proclamation aims to grant amnesty without the least possible delay to prevent indignity and jeopardy to persons under charges.

The amnesty covers any act penalized under the Revised Penal Code.
The act must be committed in furtherance of the resistance to the enemy, or against persons aiding in the war efforts of the enemy.
The covered period is from December 8, 1941 until the actual liberation date of the accused’s particular area from enemy control and occupation.
The amnesty does not apply to crimes against chastity.
The amnesty also does not apply to acts committed from purely personal motives.

The proclamation requires Guerilla Amnesty Commissions to be simultaneously established to determine coverage of cases.
Each Commission must examine the facts and circumstances surrounding each case.
Each Commission may, if necessary, conduct summary hearings of witnesses for both the complainant and the accused.
The Commission must decide each case and must declare that the matter falls within the terms of the proclamation if coverage is found.
When coverage is found, the amnesty is immediately effective as to the accused and the accused is forthwith released or discharged.

Any case pending before the courts, or any case that may be filed in the future, proceeds under usual legal procedure if a Guerilla Amnesty Commission decides the case is not within the terms of the amnesty.
The proclamation provides that an adverse verdict by a Commission prejudices the accused in his defense in the ensuing court trial.
During trial after an adverse Commission decision, the accused may present evidence to prove that the case falls within the terms of the amnesty.
If the fact is legally proved, the trial judge must declare that the amnesty applies.
Once the trial judge so declares, the amnesty is immediately effective, and the accused is forthwith released or discharged.

The proclamation makes the amnesty’s effect conditional on a favorable determination under the Commission process or a legally proved showing before the trial judge.
The proclamation requires that the amnesty’s benefit produces immediate liberation by mandating forthwith release or discharge upon a favorable declaration.
The amnesty operates to end criminal jeopardy for covered accused persons once the applicable determination is made.