Law Summary
Legal Authority and Purpose
- The amnesty is granted pursuant to Section 19, Article VII of the 1987 Philippine Constitution which vests the power to grant amnesty in the President.
- Intended to promote peace, reconciliation, and a conducive atmosphere for just and comprehensive resolution.
Application Process
- Applications are to be filed by concerned AFP and PNP personnel and supporters with an ad hoc committee under the Department of National Defense (DND).
- The DND is tasked with receiving, processing applications, considering oppositions, and determining eligibility.
- Decisions by DND are appealable to the Office of the President, but appeals do not delay execution of decisions.
Timeframe for Application
- Applicants must file under oath within ninety (90) days from the publication of the proclamation in two newspapers of general circulation.
- The DND is required to act promptly on all applications.
Legal Effects of Amnesty
- Extinguishes any criminal liability for acts connected with the specified incidents.
- Does not affect civil liability for damages to private persons.
- Restores civil and political rights or entitlements lost or suspended due to related charges or convictions.
Reinstatement and Benefits
- Enlisted AFP personnel up to Technical Sergeant and PNP personnel up to Senior Police Officer 3 with approved applications are entitled to reintegration or reinstatement, subject to laws and regulations.
- Reintegrated personnel will not receive back pay for the period of discharge or suspension.
- Commissioned/non-commissioned AFP officers with ranks Master Sergeant or higher, and PNP personnel with ranks Senior Police Officer 4 or higher, are not entitled to reinstatement or back pay.
- Personnel not reinstated but granted amnesty are entitled to retirement or separation benefits if qualified.
- Those reinstated receive retirement/separation benefits upon actual retirement.
Supersession and Effectivity
- This Proclamation supersedes the earlier Proclamation No. 50 dated October 11, 2010.
- The Proclamation takes effect only after concurrence by a majority of all members of Congress.