Amnesty for MILF Crimes Under Political Belief

The Government’s peace policy includes nurturing a climate conducive for peace and implementing reconciliation and reintegration programs for rebels into mainstream society.
Amnesty and access to existing socio-economic services are essential to achieving peace and reconciliation.
The amnesty program is treated as an integral component of the Government’s comprehensive peace efforts and part of the implementation of the Comprehensive Agreement on the Bangsamoro signed on 27 March 2014 between the Government of the Philippines and the MILF.
Amnesty is declared an instrument of reconciliation and a path for return to a peaceful, democratic, and pluralistic society.
The grant is stated to promote an atmosphere conducive to just, comprehensive, and enduring equanimity and to bring closure to past enmity and bitterness.

Section 1 grants amnesty to members of the MILF who have committed crimes in pursuit of their political beliefs, whether punishable under the Revised Penal Code or special penal laws.
Covered examples include:
- Rebellion or insurrection.
- Conspiracy and proposal to commit rebellion or insurrection.
- Disloyalty of public officers or employees.
- Inciting to rebellion or insurrection.
- Sedition.
- Conspiracy to commit sedition.
- Inciting to sedition.
- Illegal assembly.
- Illegal association.
- Direct assault.
- Indirect assault.
- Resistance and disobedience to a person in authority or the agents of such person.
- Tumults and other disturbances of public order.
- Unlawful use of means of publication and unlawful utterances.
- Alarms and scandals.
Amnesty also extends to illegal possession of firearms, ammunition or explosives, provided the offense was committed in furtherance of, incident to, or in connection with the crimes of rebellion or insurrection.
Amnesty also covers persons who are charged, detained, or convicted of common crimes if they can establish by substantial evidence that they actually committed the crimes in pursuit of political beliefs.

Section 1 defines “crimes committed in pursuit of a political belief” to include acts and omissions performed or undertaken as part of a plan, program of action, or strategy decided by rebel leadership to overthrow and replace:
- the National Government,
- any of its political subdivisions, or
- duly constituted authority,
  with or without the use of arms.

Section 1 bars amnesty for those who have already been proscribed.
Section 1 bars amnesty for those charged under Republic Act No. 9372 (the Human Security Act of 2007) or under Republic Act No. 11479 (the Anti-Terrorism Act of 2020).
Section 1 states the amnesty shall not cover:
- kidnap for ransom,
- massacre,
- rape,
- terrorism,
- and other crimes committed against chastity as defined in the Revised Penal Code, as amended.
Section 1 excludes crimes committed for personal ends.
Section 1 excludes violation of Republic Act No. 9165 (the Comprehensive Dangerous Act of 2002).
Section 1 excludes grave violations of the Geneva Convention of 1949.
Section 1 excludes crimes identified by the United Nations as crimes that can never be amnestied, including:
- genocide,
- crimes against humanity,
- war crimes,
- torture,
- enforced disappearances,
- and other gross violations of human rights.

Section 2 authorizes any member of the MILF who committed an act or omission in pursuit of political belief covered by Section 1, including those detained, charged, or convicted for such acts or omissions, to apply for amnesty.
Section 2 requires that the crime for which amnesty may be granted must have been committed prior to the issuance of the Proclamation.
Section 2 prohibits a person who has already been granted amnesty under previous amnesty proclamations from qualifying to apply under this Proclamation.
Section 2 allows, for avoidance of doubt, persons who applied under previous proclamations but whose applications were not considered because they were made outside the reglementary period for filing to apply under this Proclamation.
Section 2 requires each applicant to file an application:
- in writing and
- under oath.
Section 2 requires the applicant to admit guilt of the offense for which the applicant is criminally liable.
Section 2 requires the applicant to turn over whatever firearms, weapons, and/or explosives the applicant possesses upon application for amnesty, without incurring liability for illegal possession of such items.
Section 2 provides that filing an application does not ipso facto result in a grant of amnesty.

Section 3 creates an Amnesty Commission to receive and process applications and determine whether applicants are entitled to amnesty under the Proclamation.
Section 2 provides that applicants found qualified, after due deliberation by the Commission and approval by the President, shall be issued a Certificate of Amnesty.
Section 2 states that applicants are not automatically granted amnesty merely by filing.

Section 4 provides that amnesty extinguishes any criminal liability for acts committed in pursuit of political beliefs.
Section 4 preserves civil liability for injuries or damages caused to private persons whose right to be indemnified is fully recognized in the Proclamation.
Section 4 provides that the grant of amnesty effects the restoration of civil or political rights suspended or lost by virtue of criminal conviction.

Section 5 provides that sworn applications filed before the Amnesty Commission are not used as evidence against the applicant in any other proceeding where amnesty is not in issue.
Section 5 likewise provides that testimony and/or evidence presented in support of the application, which are not otherwise available to the prosecution, are not used against the applicant in other proceedings where amnesty is not in issue.
Section 5 allows an exception for the offense of perjury committed in the course of the testimony relevant to the amnesty application.

Section 6 requires applications to be filed under oath with the Amnesty Commission within one (1) year from the effectivity of the Proclamation.
Section 10 mandates that implementing rules and regulations covering the amnesty program be issued by the Amnesty Commission not later than sixty (60) days upon effectivity.

Section 7 provides a separability rule: if any provision is declared unconstitutional, the remaining provisions remain valid.
Section 8 repeals or modifies inconsistent orders, rules, regulations, other issuances, or parts thereof.
Section 9 governs effectivity through the required concurrence by a majority of all the Members of the Congress.
The Proclamation is signed by RODRIGO ROA DUTERTE and countersigned by SALVADOR C. MEDIALDEA, Executive Secretary.