AMNESTY in th Philippines

WHAT IS AMNESTY?
• A sovereign act of oblivion for
past acts, granted by
government generally to a class
of persons who have been guilty
usually of political offenses and
who are subject to trial but have
not yet been convicted, and often
conditioned upon their return to
obedience and duty within a
prescribed time.
(Black’s Law Dictionary)
ORIGIN OF THE CONCEPT OF AMNESTY

• Historically, the concept of Amnesty

was evolved from the general
pardoning powers of the ruling
authorities.
• Each sovereign has its own history
on how the concept of amnesty
was achieved from the modification
of the pardoning powers through
generations of rulers.
AMNESTY vs. PARDON
AMNESTY
Political Offenses
Applicable to Class of Persons
Extinguishes the Offense
Need not be accepted by the
grantee (Phl)
Requires concurrence of majority of
all members of Congress (Phl)
May be granted before or after
conviction. (Phl)
PARDON
Ordinary Offenses
Applicable to Individual Offender
Extinguishes the Penalty Imposed.
Political Rights are not restored in
Conditional Pardon. Civil Indemnity
is not extinguished.
Must be accepted by the grantee
(Phl)
Does not require Congressional
Concurrence
Only granted after conviction y final
judgment. (Phl)
403-404 B.C. Peloponnesian War

• History was not clear as to when the grant of

amnesty really started, but some researches and
papers claimed that the first recorded grant of
amnesty was held in 403 or 404 B.C. when
Athenian general Thrasybulus forbade punishment
of Athenian citizens for past political offenses for
the purpose of restoring the democracy after the
Peloponnesian War
SOME GRANT OF AMNESTY IN THE HISTORY

• USA – Civil War Amnesty

– First Civil war amnesty was granted
by then President Lincoln on
February 14, 1862, forgiving those
political prisoners detained by the
Union by reason of their
participation and aid at the early
stage of war. In his proclamation,
Lincoln required those prisoners to
take an oath of allegiance as
condition for the grant of amnesty.
SOME GRANT OF AMNESTY IN THE HISTORY

• EUROPE – After Civil War Amnesties

– Some European Amnesties are
required to be embodied in a treaty like
the Treaty of Osnabruck where not only
the mutual wrongs are consigned or
forgiven, but also the restoration of
dispossessed properties after the war.
GRANT OF AMNESTY IN THE PHILIPPINES
Article VII, Section 19 of the 1987 Constitution

• SECTION 19. Except in cases of impeachment, or as

otherwise provided in this Constitution, the President
may grant reprieves, commutations and pardons, and
remit fines and forfeitures, after conviction by final
judgment.
• He shall also have the power to grant amnesty with
the concurrence of a majority of all the Members of
the Congress.
WHO GRANTS APPLICATION FOR AMNESTY?

• As a form of Executive Clemency, it is the President who grants

application for Amnesty.
• The law, however, limits this power by giving condition requiring
the concurrence of majority of all the members of Congress for
such grant to take effect.
REQUIREMENTS/QUALIFICATIONS OF AMNESTY
• EXPRESS
– Requirements or Conditions which are
expressly contained or provided in the
Proclamation.
• IMPLIED
– Requirements or Conditions which are not
stated in the Proclamation, but must be met
or complied by the applicant. Example of
this is the admission of guilt. Logically, an
offender cannot ask for forgiveness for an
offense that he claimed he did not commit.
REQUIREMENTS/QUALIFICATIONS OF AMNESTY

• There are no standard or fixed set of requirements

for a grant of amnesty.
• The requirement and/or qualification varies
depending on the proclamation to be issued by the
President.
• Similarly, the manner and method of application,
procedures, governing rules, and other matters are
determined on each proclamation.
• Even the body/office assigned for receiving,
processing and determining who are entitled to
amnesty are also provided on that proclamation.
REVOCATION OF THE AMNESTY

• The manner and method of revoking the Amnesty is also covered

by the Proclamation granting such Amnesty.
• A proclamation of amnesty issued by a former President and
concurred by Congress cannot be unilaterally revoked or
withdrawn by the incumbent President.
REVOCATION OF THE AMNESTY

IS PROCLAMATION 572 AN ACT OF

REVOCATION ON THE PART OF DUTERTE?
REVOCATION OF THE AMNESTY

• As discussed, the incumbent President cannot revoke the

proclamation granted by a former President and concurred by
Congress.
• It is submitted that Proclamation No. 572 is not actually a
Revocation but a declaration of nullity of the granting of amnesty
for failure to comply with Sec. 2 of Proclamation No. 75 as well as
for the non-admission of guilt.
CRIMES EXCEPTED
• As member of the United Nations,
Philippines adheres that the
following crimes, when committed
cannot be amnestied:
– Genocide
– Crimes against humanity
– War crimes
– Torture
– Enforced Disappearances
– Other gross violations of human
rights.
 CRIMES EXCEPTED

 The Senate in its press release regarding the

adoption of three amnesty measures, pertaining to
House Concurrent Resolution Nos. 12, 13, and 14
provides additional exceptions:
 Violation of Human Security Act of 2007
 Anti-Terrorism Act of 2020
 Kidnap for Ransom
 Massacre
 Rape
 Terrorism
 Other Crimes against Chastity defined under the Revised Penal Code
RECENT GRANT OF AMNESTY

• On February 5, 2021, former President

Rodrigo Duterte issued Proclamations 1090,
1091, 1092, and 1093 granting amnesty to
members of the communist movement, the
Moro National Liberation Front (MNLF), the
Moro Islamic Liberation Front (MILF), and the
Rebolusyonaryong Partido ng Mangagawa ng
Pilipinas/Revolutionary Proletarian Army/Alex
Boncayao Brigade (RPMP-RPA-ABB).
THE NATIONAL AMNESTY COMMISSION (NAC)
PURPOSE AND FUNCTION OF THE NATIONAL
AMNESTY COMMISSION
• Primarily, NAC is created to receive and process applications for amnesty
and determine whether the applicants are entitled to amnesty under
Proclamations 1090, 1091, 1092, and 1093.
• NAC is under the Executive Department.
CASE STUDY (JURISPRUDENCE)
• Magdalo Para sa Pagbabago vs. COMELEC, G.R.
No. 190793 (2012)
– Amnesty commonly denotes a general pardon to rebels for
their treason or other high political offenses, or the
forgiveness which one sovereign grants to the subject of
another, who have offended, by some breach, the law of
nations. Amnesty looks backward and abolishes the
offenses itself.
• Vera vs. People, G.R. No. L-18184 (1963)
– Admission of guilt is a condition for the entitlement of the
amnesty. It is in the nature of confession of avoidance and
the applicant has the burden to prove that the crime he
committed is within the covered crimes in the proclamation
and that he is entitled to amnesty.
 Chronological Timeline of Amnesty
• 1994, Ramos also granted amnesty to “rebels, insurgents, and all other persons who have
or may have committed crimes against public order… in furtherance of political ends, and
violations of the articles of war.” This was meant to facilitate the peace process that his
administration initiated with communist, military and Muslim rebel groups.

• Rebolusyonaryong Alyansang Makabansa, Soldiers of the Filipino People, Young

Officers’ Union (RAM-SFP-YOU) Members of RAM-SFP-YOU, rebel groups who
participated in the December 1989 coup, were granted amnesty by Ramos in May 1996
under Proclamation No. 723. 

• Moro Islamic Liberation Front (MILF) 2000, then president Joseph Estrada granted
amnesty to members of the MILF who have committed crimes “in pursuit of their political
beliefs.” The amnesty was granted through Proclamation Numbers 390 and 405.
• Members of communist groups In 2007, Arroyo issued Proclamation No. 1377 which
granted amnesty to members of the Communist Party of the Philippines, National
Democratic Front, New People’s Army and other underground communist rebel groups
who applied for amnesty during that period.

• Moro National Liberation Front (MNLF) - In February 1977, former president

Ferdinand Marcos granted amnesty to members of the MNLF and the Bangsa Moro Army
under Presidential Decree No. 1082. This was to entice Muslim rebels to surrender.

• Post-WW II: Filipino guerrillas, forcesIn 1946, then president Manuel Roxas signed 
Proclamation No. 8, which granted amnesty to Filipino guerillas and other members of
the resistance, particularly those who “pursued activities in opposition to the forces and
agents of the Japanese Empire.” The Guerilla Amnesty Commission was established to
supervise the process.  -
Amnesty in USA
Immigration amnesty - would include the government
forgiving individuals for using forged/false documentation
 to gain employment in the U.S. and to remain in the
country, and would allow illegal immigrants or 
undocumented immigrant aliens to gain 
permanent residency in the United States. 

For example,  through the 

Immigration Reform and Control Act of 1986, the U.S.
government provided amnesty for all undocumented
aliens present in the country that had arrived prior to
January 1, 1982.