Professional Documents
Culture Documents
WHAT IS AMNESTY?
AMNESTY PARDON
Political Offenses Ordinary Offenses
Applicable to Class of Persons Applicable to Individual Offender
Extinguishes the Offense Extinguishes the Penalty Imposed.
Political Rights are not restored in
Conditional Pardon. Civil Indemnity
is not extinguished.
Need not be accepted by the Must be accepted by the grantee
grantee (Phl) (Phl)
Requires concurrence of majority of Does not require Congressional
all members of Congress (Phl) Concurrence
May be granted before or after Only granted after conviction y final
conviction. (Phl) judgment. (Phl)
403-404 B.C. Peloponnesian War
• 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
• 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.
• 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.
• 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