Scope of Amnesty - Covered Crimes
- Applies to crimes committed in furtherance of political beliefs under Revised Penal Code and special laws
- Includes:
- Rebellion, insurrection, and conspiracy to commit these
- Disloyalty of public officers
- Inciting rebellion or sedition
- Sedition and conspiracy to commit sedition
- Illegal assembly and association
- Direct and indirect assault
- Resistance and disobedience to authority
- Public order disturbances
- Unlawful publication use and utterances
- Illegal possession of firearms, ammunition, explosives related to political crimes
- Common crimes committed in pursuit of political beliefs with substantial evidence
- Exclusions:
- Crimes prescribed by law
- Charges under Human Security Act (RA 9372) and Anti-Terrorism Act (RA 11479)
- Kidnap for ransom, massacre, rape, terrorism, crimes against chastity
- Drug-related crimes under RA 9165
- Grave Geneva Convention violations
- International crimes like genocide, crimes against humanity, war crimes, torture, enforced disappearances
Definition of "Crimes Committed in Pursuit of a Political Belief"
- Acts or omissions as part of plans or strategies by rebel leadership to overthrow or replace government or authority
- Includes use or non-use of arms
Eligibility and Application for Amnesty
- Open to members and former members of CPP-NPA-NDF who committed eligible acts before proclamation issuance
- Requires written and sworn admission of guilt
- Must surrender firearms, weapons, explosives without liability
- Prior amnesty recipients excluded except those whose previous applications were rejected for procedural reasons
- Filing an application does not guarantee amnesty; commission deliberation is required
Amnesty Commission
- Created to receive, process, and determine qualified amnesty applications
- Commission’s decision leads to issuance of Certificate of Amnesty for qualified applicants
Legal Effects of Amnesty
- Extinguishes criminal liabilities for specified acts
- Preserves civil liabilities for damages to private persons
- Restores lost or suspended civil and political rights
Confidentiality and Protection of Applicants
- Protection against use of application materials as evidence in other proceedings
- Exception only for perjury related to the amnesty application
Application Period
- Must be filed within two years from effective date of the proclamation
Constitutional and Administrative Provisions
- Separability clause ensuring unaffected validity of constitutional provisions if some are invalidated
- Repeals conflicting orders, rules, or regulations
Effectivity and Implementation
- Takes effect upon majority congressional concurrence
- Amnesty Commission to issue rules and regulations within 15 days of effectivity