Title
NAC ADMINISTRATIVE ORDER NO. 2, SERIES OF 1999
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.
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Law Summary

Preliminary Provisions

Explanation: This section outlines the policy of reconciliation and rehabilitation of rebels and insurgents, aiming to facilitate their integration into a democratic society through the provision of amnesty.

  • Key Definitions:

    • Amnesty: An act abolishing criminal liability for past political offenses.
    • Acts/Omissions in Pursuit of Political Belief: Actions motivated to overthrow or resist government authority.
    • Manifestor: Individuals indicating intent to seek amnesty under Proclamations 10 and 10-A.

  • Important Requirements:

    • The rules should be interpreted in favor of the applicant for amnesty.

Organization

A. The National Amnesty Commission (NAC)

Explanation: The NAC is established to manage and process amnesty applications.

  • Composition:

    • Chairperson (appointed by the President)
    • Three Commissioners (appointed by the President)
    • Three Ex-Officio Members: Secretaries of Justice, National Defense, and Interior and Local Government.

  • Functions:

    • Receive and process amnesty applications.
    • Determine eligibility for amnesty under Proclamation No. 347.
    • Conduct peace advocacy activities.

  • Powers:

    • Constitute Local Amnesty Boards (LABs).
    • Administer oaths and summon witnesses.

  • Meetings:

    • Decisions require a majority vote; quorum is at least four members.

B. The Local Amnesty Board (LAB)

Explanation: LABs are formed to process amnesty applications at the local level.

  • Composition:

    • Includes local representatives from the Integrated Bar of the Philippines, prosecutors, local government officials, and a private citizen of integrity.

  • Functions:

    • Process applications and oppositions.
    • Conduct peace advocacy activities.

  • Meetings:

    • Regular meetings are to be held weekly to deliberate on applications.

Coverage and Procedures Under Proclamation 21

A. Coverage

Explanation: Identifies who can apply for amnesty and the types of crimes covered.

  • Eligible Applicants:

    • Rebels or insurgents from recognized organizations, regardless of legal status.

  • Crimes Covered:

    • Includes rebellion, coup d'état, sedition, and other political offenses committed before December 31, 1996.

  • Non-Covered Crimes:

    • Rape and crimes committed for personal ends are excluded.

B. Procedures in the Local Amnesty Board

Explanation: Details the procedures for applying for amnesty.

  • Filing Applications:

    • Applications must be submitted within one year from the effectivity of Proclamation No. 21 (by March 24, 2000).

  • Verification Process:

    • LABs must verify claims within 20 days of receipt.

  • Opposition Filing:

    • Interested parties can oppose applications anytime before the NAC’s decision.

  • Conferences:

    • LABs must hold a conference with applicants, scheduled within 30 days of filing.

Procedures in the National Amnesty Commission

Explanation: Outlines how the NAC handles applications and appeals.

  • Decision Process:

    • The NAC resolves applications promptly after receiving LAB recommendations.

  • Appeals:

    • Aggrieved parties may file a motion for reconsideration within 15 days of the decision.

Effects of Amnesty

Explanation: Describes the legal implications of being granted amnesty.

  • Extinction of Criminal Liability:

    • Amnesty extinguishes criminal liabilities for covered crimes.

  • Restoration of Rights:

    • Civil and political rights are restored, except for civil liabilities towards private persons.

  • Administrative Effects for AFP/PNP:

    • Amnesty reinstates rights to benefits but does not automatically reinstate personnel into service.

Miscellaneous Provisions

Explanation: Covers additional provisions related to the application process.

  • Surrender of Arms:

    • Surrender is not a condition for filing an application.

  • Safe Conduct Pass:

    • Issued to applicants for protection from arrest during the application process.

  • Confidentiality Clause:

    • Admissions made during the application process are confidential and cannot be used against the applicant in other proceedings.

Key Takeaways

  • Amnesty is aimed at reconciling rebels and facilitating their reintegration into society.
  • The NAC and LABs are established to process amnesty applications and facilitate peace advocacy.
  • Applications must be filed by March 24, 2000, with specific procedures for verification and opposition.
  • Amnesty extinguishes criminal liabilities and restores civil rights but does not eliminate civil liabilities.
  • Confidentiality of proceedings is maintained, and surrender of arms is not a prerequisite for application.

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