Title
Rules on National Amnesty Commission Procedures
Law
Nac Administrative Order No. 2, Series Of 1999
Decision Date
Apr 28, 1999
NAC Administrative Order No. 2-99 establishes rules and regulations for an amnesty program in the Philippines, granting amnesty to rebels and individuals who have committed crimes against public order, with the National Amnesty Commission responsible for processing applications and determining eligibility. The order is divided into six rules, outlining the declaration of policy, organization of the NAC, coverage and procedures under the amnesty program, effects of amnesty, and miscellaneous provisions, aiming to provide a framework for the fair and efficient implementation of the program.
amnesty program
rebels
crimes against public order
A

Interpretation and Definitions

  • Rules favor applicants for amnesty.
  • Definitions include amnesty, acts in pursuit of political belief, manifestors, massacre, oppositor, torture, post-amnesty activities.

Organization of the National Amnesty Commission (NAC)

  • Composed of 7 members: Chairperson, 3 Commissioners (all Presidential appointees), and 3 ex-officio members (Justice, Defense, Interior/Local Government).
  • Functions: Process applications, determine eligibility, facilitate reintegration, conduct peace advocacy.
  • Powers: Constitute/abolish Local Boards, administer oath, subpoena, promulgate rules, investigate, call on agencies for assistance.
  • Meetings decided by majority of quorum (at least 4 members).
  • Staff support includes investigative, legal, operations, finance, and secretariat divisions.

Local Amnesty Board (LAB)

  • Members appointed by NAC Chairperson.
  • Composition includes IBP rep., prosecutor, local chief executive, PNP director, and a private citizen.
  • Term of one year; can be holdover until replaced.
  • Functions: Receive/process applications and oppositions, verify claims, recommend grant or denial, peace advocacy, post-amnesty programs.
  • Meetings conducted regularly; decisions require at least three members’ vote.
  • Honoraria provided for meetings.

Coverage Under Proclamation 21

  • Applicants: Rebels/insurgents, regardless of legal status.
  • Covered offenses: Political crimes up to 31 December 1996, including rebellion, coup d’etat, sedition, assault, violation of Articles of War, among others.
  • Specific period restrictions for certain rebel organizations.
  • Excluded crimes: Rape, crimes against chastity, and personal-end crimes.

Procedures for Amnesty under Proclamation 21

  • Public notice for filing applications/oppositions.
  • Filing period: One year from Proclamation effectivity, until March 24, 2000.
  • Application requirements: Sworn application copies, recent ID photos, supporting documents.
  • Filing locations: NAC office, nearest LAB, Metro Manila LAB, or authorized representatives.
  • Verification by government agencies within 20 days.
  • Opposition allowed anytime before NAC decision; grounds include ineligibility, non-covered acts, and prior grant.
  • Conference held for applicant and oppositor, non-confrontational, no longer than 3 days.
  • LAB recommendation within 15 days after conference; confidential until NAC decision.
  • Transmission of records and recommendations to NAC.

NAC Decision Process

  • NAC resolves applications upon receiving LAB recommendations.
  • Further investigation/hearings may be conducted.
  • Notice of decision given to applicant, oppositor, and prosecutors.
  • Decision final after 15 days without motion for reconsideration.
  • One motion for reconsideration allowed on specified grounds; resolved within 30 days.
  • Appeal to Court of Appeals possible within 15 days after NAC final decision on reconsideration.

Procedures Under Proclamations 10 & 10-A

  • Coverage: Manifestors who filed within Feb 1988 to Dec 1992 and qualified under EO 350.
  • Crimes covered include treason, rebellion, sedition, illegal assemblies, assaults, subversion, illegal firearms possession.
  • Amnesty granted only for applications processed by July 28, 1992, or applied until December 11, 1992.
  • LAB notices manifestors for appearance and processing.
  • Verification and interviews are conducted to confirm status and manifestation.
  • Denial recommended for failure to appear after three notices.
  • LAB transmits recommendation and records to NAC.
  • NAC issues certificates to qualified manifestors; refers pending cases back to LAB.

Effects of Amnesty

  • Extinguishes criminal liability for covered acts.
  • Restores civil and political rights lost/suspended due to conviction.
  • Does not affect civil liability for damages caused to private parties.
  • For AFP/PNP personnel: reinstates retirement/separation benefits if qualified but does not automatically reinstate service.

Miscellaneous Provisions

  • Surrender of applicants or firearms is not a condition for filing or grant of amnesty.
  • Safe Conduct Pass issued upon application granting immunity from warrantless arrest or detention related to the acts filed for amnesty.
  • Temporary Safe Conduct Pass issued for safe passage to file application; valid for 15 days.
  • Confidentiality: Admissions and evidence in proceedings not admissible against applicants in other proceedings, except for perjury.
  • Separability: Invalid provisions do not affect others.
  • Rules effective 15 days after registration and publication.

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