Amnesty for AFP and PNP personnel, Oakwood Mutiny

The President exercises the amnesty power vested by Section 19, Article VII of the Constitution (opening recital and Presidential power basis).
The proclamation is intended to promote an atmosphere conducive to just, comprehensive and enduring peace and to support peace and reconciliation initiatives (opening recital).

Amnesty covers all active and former personnel of the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) and their supporters (Section 1).
Amnesty covers crimes punishable under the Revised Penal Code, the Articles of War, or other laws committed in connection with, in relation to, or incident to the following incidents: July 27, 2003 Oakwood Mutiny, February 2006 Marines Stand-Off, and November 29, 2007 Peninsula Manila Incident (Section 1).
Amnesty applies only if the applicants apply therefor (Section 1).

Amnesty does not cover rape (Section 1).
Amnesty does not cover acts of torture (Section 1).
Amnesty does not cover crimes against chastity (Section 1).
Amnesty does not cover other crimes committed for personal ends (Section 1).

Applications are filed for consideration by an ad hoc committee of the Department of National Defense (DND) (Section 2).
The DND ad hoc committee receives and processes applications, and it also handles oppositions if any (Section 2).
The DND determines whether applicants are entitled to amnesty under the proclamation (Section 2).
The final decision or determination of the DND is appealable to the Office of the President by any party to the application (Section 2).
The DND decision is immediately executory even if appealed (Section 2).

Applications must be filed under oath with the DND (Section 3).
The filing period is ninety (90) days following the date of publication of the proclamation in two (2) newspapers of general circulation, as concurred in by a majority of all members of Congress (Section 3).
The DND must act on applications forthwith and with dispatch (Section 3).

Amnesty extinguishes any criminal liability for acts committed in connection with, incident to, or related to the Oakwood Mutiny, the Marines Stand-Off, and the Peninsula Manila Incident (Section 4(a)).
Amnesty does not extinguish civil liability for injuries or damages caused to private persons, if any (Section 4(a)).
Except as otherwise provided, the grant of amnesty restores civil and political rights or entitlements of grantees that were suspended, lost, or adversely affected by any executive, administrative or criminal action or proceedings in connection with the subject incidents, including criminal conviction or any form if any (Section 4(b)).

Approved enlisted AFP personnel with rank up to Technical Sergeant and approved PNP personnel with rank up to Senior Police Officer 3 are entitled to reintegration or reinstatement, subject to existing laws and regulations (Section 4(c)).
Approved enlisted personnel covered by Section 4(c) are not entitled to back pay during the time they have been discharged or suspended or were unable to perform military or police duties (Section 4(c)).
Approved AFP commissioned and non-commissioned officers with rank Master Sergeant and approved PNP personnel with rank at least Senior Police Officer 4 are not entitled to remain in the service, and they are not entitled to reintegration or reinstatement into the service, nor back pay (Section 4(d)).

All AFP and PNP personnel granted amnesty who are not reintegrated or reinstated are entitled to retirement and separation benefits if qualified under existing laws and regulations, computed or determined as of the time of their separation, unless they have forfeited such retirement benefits for reasons other than the acts covered by the proclamation (Section 4(e)).
Personnel who are reintegrated or reinstated receive their retirement and separation benefit upon their actual retirement (Section 4(e)).

OP Proclamation No. 75 supersedes Proclamation No. 50 dated 11 October 2010, which is deemed recalled (Section 5).