Acts Penalized Under the Revised Penal Code
- Some acts committed by resistance members were penalized under existing Philippine law.
- Charges have been filed against many of these individuals in Philippine courts.
- Such acts, although against laws, were committed in the context of resistance to the enemy.
Recognition of Resistance Members as Patriots
- The law acknowledges that these persons should not be regarded as criminals.
- They are recognized instead as patriots and heroes who have served the nation.
- There is a desire to remove the stigma and legal jeopardy from these individuals promptly.
Grant of Amnesty and Its Scope
- Amnesty is granted in favor of all persons who committed acts penalized under the Revised Penal Code during the resistance.
- The relevant period is from December 8, 1941, until the liberation of each specific area from enemy occupation.
- Amnesty applies only to acts done in furtherance of resistance or against collaborators aiding the enemy's war efforts.
- Exclusions: crimes against chastity and acts committed purely from personal motives are not covered.
Establishment and Role of Guerilla Amnesty Commissions
- Special Commissions are established to determine eligibility for amnesty.
- These Commissions examine individual cases and may conduct summary hearings with witnesses.
- If a case qualifies, the Commission declares the amnesty effective immediately, and the accused is released.
Procedures Regarding Non-Qualifying Cases
- Cases found not to qualify proceed through normal court processes.
- A Commission's negative decision does not prejudice the accused’s defense rights.
- The accused may present evidence in court to prove eligibility for amnesty.
- If the court finds amnesty applicable, it declares it and grants immediate release.
Legal Authority and Effectivity
- The proclamation is made by the President pursuant to constitutional powers.
- It is dated and sealed officially, affirming its binding and formal status.