Amnesty to CPP-NPA-NDF Rebels

The proclamation anchors the amnesty effort in Executive Order No. 3 dated 28 February 2001 as part of the government’s comprehensive peace efforts.
It also places the program within the Social Integration Program for former rebels under Administrative Order No. 172 dated 23 March 2007.
The implementation structure uses the NCSI and the Amnesty Centers operating under the framework of Administrative Order No. 172, series of 2007.

The proclamation declares that accepting rebels back into the folds of the law through amnesty is essential to attaining peace and reconciliation.
It states that amnesty eventually provides access to the government’s existing socio-economic services.
It characterizes amnesty as an instrument of reconciliation and a path for return to a peaceful, democratic, and pluralistic society.

Section 2 grants amnesty coverage for the crime of rebellion and all other crimes included therein or incident thereto when pursued in pursuit of political beliefs as defined by jurisprudence.
Coverage extends to crimes punishable under the Revised Penal Code and also those punishable under special laws.
The amnesty does not cover crimes against chastity, rape, torture, kidnapping for ransom, use and trafficking of illegal drugs, and other crimes committed for personal ends.
The amnesty also excludes violations of international law or convention and protocols, even if alleged to have been committed in pursuit of political beliefs.

Section 3 allows any member of the CPP-NPA-NDF and other communist rebel groups who committed an act or omission in pursuit of political belief to file an application for amnesty.
The right to apply includes persons who are detained, charged, or convicted for covered acts or omissions.
Crimes eligible for amnesty must have been committed on or before the date of effectivity of this Proclamation.
Those who already received amnesty under previous amnesty proclamations are not qualified to file again under this proclamation.
Those convicted by a court of competent jurisdiction may benefit from a grant of amnesty by the restoration of civil or political rights only.
Those who applied under previous proclamations but whose applications were not considered for being filed outside the reglementary period may apply under this proclamation.
The National Committee on Social Integration (NCSI), after due deliberation, issues the corresponding Certificate of Amnesty to qualified applicants.
Filing an application does not automatically result in a grant of amnesty.

Section 4 provides that amnesty extinguishes criminal liability for acts committed in pursuit of political beliefs.
Criminal-liability extinction applies without prejudice to the grantee’s civil liability for injuries or damages caused to private persons.
Section 4 also provides that amnesty restores the grantee’s civil and political rights lost or suspended due to conviction for crimes covered by the proclamation.

Section 5 requires that, unless the applicant is detained pursuant to law, a person applying for amnesty must be issued a Sale Conduct Pass by the Provincial or City Peace and Order Council Amnesty Centers (P/CPOC-ACs).
The Sale Conduct Pass provides immunity from warrantless arrest for offenses covered by the proclamation.
The issuance of the Sale Conduct Pass is tied to the processing mechanism under Section 9 of the proclamation.

Section 6 requires applicants with firearms to turn over their firearms within thirty (30) days from the filing of their application.
Turnover within the 30-day period is done without incurring liability for illegal possession of firearms.
After the turnover period, illegal possession of firearms by any applicant or amnesty grantee is a ground for denial or revocation of amnesty.
Denial or revocation is without prejudice to legal prosecution for illegal possession.

Section 7 protects any testimony of the applicant, witnesses, and/or evidence presented to the NCSI and P/CPOC-ACs that is not otherwise available to the prosecution.
Protected information cannot be used as evidence in any other proceeding where the amnesty is not in issue.
The protection does not cover perjury; perjury committed in the course of the testimony relevant to the amnesty application remains actionable.

Section 8 requires that applications for amnesty be filed under oath with the NCSI or P/CPOC-ACs.
The filing deadline is six (6) months from the effectivity of this Proclamation.

Section 9 designates the NCSI as the principal national-level body to coordinate and monitor implementation of the proclamation.
The NCSI may call on government offices, bodies, agencies, instrumentalities, councils, and commissions to provide assistance for implementation.
The NCSI may constitute committees and deputize offices in provinces or cities, including their respective Peace and Order Councils (POCs), as necessary for processing.
The NCSI promulgates its own rules and regulations for implementation.
Amnesty Centers are established at the local level under the Peace and Order Councils of provinces and cities.
Each Amnesty Center is composed of:
- the Provincial/City Prosecution Office as chair
- the Integrated Bar of the Philippines
- the Department of Interior and Local Government (DILG)
- the Philippine National Police (PNP)
- the Brigade/Battalion level of the Armed Forces of the Philippines (AFP) in the area
- the Office of the Presidential Adviser on the Peace Process (OPAPP)
The DILG provincial/city office receives amnesty applications for processing by the P/CPOC.

Section 10 provides that the initial amount needed to implement the proclamation is sourced from the Office of the President and released to the OPAPP.
It also provides that regular funds are provided in succeeding years for implementation under the General Appropriations Act.

Section 11 provides separability: if any provision is declared unconstitutional, the validity of the other provisions remains unaffected.
Section 12 repeals or modifies any inconsistent orders, rules, regulations, other issuances, or parts thereof.
Section 13 states the effectivity rule: the proclamation takes effect upon concurrence by a majority of all the members of Congress.