Title
Amnesty for AFP and PNP personnel mutiny cases
Law
Proclamation No. 75
Decision Date
Nov 24, 2010
Benigno S. Aquino III grants amnesty to active and former personnel of the Armed Forces of the Philippines and Philippine National Police involved in the Oakwood Mutiny, Marines Stand-Off, and Manila Peninsula Incident, promoting peace while excluding serious crimes like rape and torture.

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.

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