0939h 22 July 2024 IRR AMNESTY PPT.pptx

PD ABOUT AMNESTY

1. AMNESTY Proclamation No. 403, 404 , 405, & 406 Regional legal office 5

2. SEQUENCE OF PRESENTATION Definition of Amnesty Amnesty vs. Pardon Proclamations No. 404, 403, 405, and 406 s. 2023 Executive Order No. 47, s. 2023 Effect of the Present Amnesty to EO 70 Salient Provisions of the IRR on Proclamat

3. Regional legal office 5 AMNESTY is an act of the sovereign power granting oblivion or a general pardon for a past offense, and is rarely, if ever, exercised in favor of a single individual, and is usually exerted in behalf of certain classes of persons who are subject to trial but have not yet been convicted (Brown v. Walker, 161, U.S. 602) The President of the Philippines, as provided for in Section 19, Article VII of the 1987 Philippine Constitution, “except in cases of impeachment or as otherwise provided in the Constitution, may grant reprieves, commutations, pardons, remit fines and forfeitures, after conviction by final judgment. He shall also has the power to grant amnesty with the concurrence of a majority of all the Members of the Congress . ”

4. AMNESTY AND PARDON, DISTINGUISHED Pardon includes any crime and is exercised individually by the President Amnesty is a blanket pardon to classes of persons or communities who may be guilty of political offenses Pardon is exercised when the person is already convicted Amnesty may be exercised even before trial or investigation is had Pardon looks forward and relieves the offender from the consequences of an offense of which he has been convicted, that is, it abolishes or forgives the punishment, and for that reason it does “not work the restoration of the rights to hold public office or the right of suffrage, unless such rights be expressly restored by the terms of pardon.” It does not alter the fact that the accused is a recidivist, because it produces the extinction only of the personal effects of the penalty. On the other hand, amnesty looks backward and abolishes and puts into oblivion the offense itself, it so overlooks and obliterates the offense with which he is charged that the person released by amnesty stands before the law precisely as though he had committed no offense. ( Barroquinto , et al. v. Fernandez, 82 Phil. 642, 646-647) It makes an ex-convict no longer a recidivist, because it obliterates the last vestige of the crime. Pardon, being a private act of the President, must be pleaded and proved by the person pardoned Amnesty, being a by Proclamation of the Chief Executive with the concurrence of the Congress, is a public act of which the courts should take judicial notice. ( Barroquinto , et al. v. Fernandez, supra). Both pardon and amnesty do not extinguish the civil liability of the offender. (Art. 113, RPC)

5. Proclamations No. 404 , 403, 405, and 406 s. 2023 Granting Amnesty to former members of Communist Party of the Philippines-New Peoples Army-National Democratic Front ( CPP-CPA-NDF ) or their front organizations [ Proclamation No. 404 s. 2023]; members of Rebolusyonaryong Partido ng Manggagawa ng Pilipinas /Revolutionary Proletarian Army/ Alex Boncayao Brigade ( RPMP-RPA-ABB ) [Proclamation No. 403 s. 2023]; Moro Islamic Liberation Front ( MILF ) [Proclamation No. 405 s. 2023], and Moro National Liberation Front ( MNLF ) [Proclamation No. 406 s. 2023] .

6. PROCLAMATIONS NO. 404, 403, 405, & 406 Section 1. Grant of Amnesty – Amnesty is hereby granted to former members of CPP-NPA-NDF or their front organizations (Proclamation No. 404)/ member of RPMP-RPA-ABB, MILF, or MNLF (Proclamations No. 403, 405, & 406) who have committed crimes in pursuit of their political beliefs, whether punishable under the Revised Penal Code or special penal laws, including but not limited to the following: 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 commit sedition; Illegal assembly;

7. i . 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; Illegal possession of firearms, ammunition or explosives, provided that these crimes or offense were committed in furtherance of, incident to, or in connection with the crimes of rebellion or insurrection; and Those charged, detained or convicted of common crimes but who can establish by substantial evidence that they have actually committed said crimes in pursuit of political beliefs.

8. Provided that, the amnesty shall not be granted to those who have already been proscribed or those charged under R.A. No. 9372 (Human Security Act), or R.A. No. 11479 (Anti-Terrorism Act of 2020). The amnesty granted under this Proclamation shall not cover kidnap for ransom, massacre, rape, terrorism, crimes committed against chastity as defined in the RPC, as amended, crimes committed for personal ends, violation of RA No. 9165, grave violations of Geneva Convention of 1949, and those identified by the United Nations as crimes that can never be subject of amnesty such as genocide, crimes against humanity, war crimes, torture, enforced disappearances, and other gross violations of human rights. For purposes of this proclamation, the clause “crimes committed in pursuit of a political belief” shall include but not limited to, acts and omissions performed or undertaken as part of a plan, program of action or strategy decided by the 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.

9. Section 2. Who May File for Amnesty. Any former members of CPP-NPA-NDF or their front organizations ( Proclamation No. 404)/ member of RPMP-RPA-ABB, MILF, or MNLF (Proclamations No. 403, 405, & 406) who has committed any act or omission in pursuit of political belief, referred to in Section 1 hereof, including those detained, charged, or convicted for such acts or omissions, may file an application for amnesty; Provided that, the crime for which amnesty may be granted must have been committed prior to the issuance of this Proclamation. For purposes of Proclamation No. 404, a “ former member ” is understood to refer to one who was a former member of the CPP-NPA-NDF or their front organizations, has surrendered to the government, and renounced his rebellious activities .

10. A person who has already been granted amnesty under the previous amnesty proclamations shall no longer qualify to apply for amnesty under this Proclamation. For avoidance of doubt, persons who applied for amnesty under previous proclamations whose applications were not considered for having been made outside the reglementary period for filing may apply under this Proclamation. An applicant under this Proclamation must, in writing and under oath, admit his or her guilt of the offense for which he or she is criminally liable and shall turn over whatever firearms, weapons, and/or explosives he or she may have in his or her possession upon application for amnesty without incurring liability for illegal possession thereof, notwithstanding the grant or denial of the amnesty application. The filing of an application herein shall not ipso facto result in a grant of amnesty. Applicants who are found qualified, upon due deliberation of the commission created for this purpose and approved by the President, shall be issued the corresponding Certificate of Authority.

11. Section 3. Amnesty Commission An Amnesty Commission shall be created to receive and process applications for amnesty and determine whether the applicants who shall apply therefor are entitled to amnesty under this Proclamation. Section 4. Effects Amnesty under this Proclamation shall extinguish any criminal liability for acts committed in pursuit of political beliefs, without prejudice to the grantee’s civil liability for injuries or damages caused to private persons whose right to be indemnified is fully recognized herein. The grant of amnesty shall also restore civil or political rights suspended or lost by virtue of criminal conviction.

12. Section 3. Confidentiality Clause All sworn applications filed before the Amnesty Commission, as well as any testimony and/or any evidence given or presented in support of the application which are not otherwise available to the prosecution, shall not be used as evidence against the applicant in any other proceeding where the amnesty is not in issue, except for the offense of perjury committed in the course of the testimony relevant to the amnesty application. Section 4. Application Period Applications for the grant of amnesty shall be filed under oath with the Amnesty Commission within two (2) years form the effectivity of this Proclamation.

13. EXECUTIVE ORDER NO. 47, s. 2023 (Amending Executive Order No. 125, s. of 2021, entitled, Creation of the National Amnesty Commission) Section 1 of EO 125 is hereby amended to read as follows: “Section 1. National Amnesty Commission- There is hereby created the National Amnesty Commission, hereinafter referred to as the Commission, which shall be primarily tasked with receiving and processing applications for amnesty and determining whether the applicants are entitled to amnesty under Proclamations No. 403, 404, 405, and 406.”

14. EFFECT OF THE PRESENT AMNESTY TO EO 70 Under Marcos’ predecessor, the NTF-ELCAC became the government’s primary tool in addressing the communist insurgency. The National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) said the government's amnesty program is the key to beating the country's long-standing insurgency threat .“ This is a golden opportunity for us to finally put an end to (the) insurgency in our country. We are confident that sooner rather than later, we will be ending the scourge of insurgency in our country," NTF-ELCAC Secretariat executive director Undersecretary Ernesto Torres Jr. said. He added that this amnesty initiative will bolster the NTF-ELCAC's call for the remaining armed combatants to lay down their weapons and embrace the path to peace. He also expressed belief that these "communist terrorist groups" (CTGs) will go for the amnesty program due to the "leadership vacuum" currently being experienced by the insurgents following the death and neutralization of their ranking leaders. "These CTGs will embrace the amnesty because of the 'leadership vacuum' with the death of (Communist Party of the Philippines founding chair) Jose Maria Sison or Joma and other top cadres, some of whom were already either perished or arrested in military and police encounters," Torres said.

15. Torres said the amnesty will be the country's "vehicle towards the path of final victory" against insurgency. Galvez said the amnesty would not only “give former rebels relief for the crimes they have committed, but will provide an opportunity for them to rebuild their lives.”" Nakikita nila ( former rebels) ang sincerity ng government, offering civil protection while their offenses will also be extinguished (through this amnesty)," Galvez explained. The OPAPRU chief, who is also an amnesty recipient in 1989 for joining a military coup against the late President Corazon Aquino, believed that aside from transforming former rebels’ lives, amnesty gives socio-economic programs that will help them sustain and improve their quality of life.  (Source: Philippine News Agency and Philippine News Inquirer)

16. People vs. Casido G.R. No. 116512 March 7, 1997 Facts Casido and Alcorin were members of the CPP/NPA. In 1993, they were  convicted  of murder. In an effort to seek their release at the soonest possible time, they applied for pardon as well as for  amnesty , both of which were granted during the pendency of their appeal. Issues Was the pardon granted during the pendency of the appeal valid? Was the amnesty during the pendency of the appeal valid? Held No. The pardon was void for having been extended during the pendency of the appeal or before  conviction  by final judgment and, therefore, in violation of the first  paragraph  of Sec. 19, Art. VII of the  Constitution . As early as 1991, this Court, in People v. Sepada , the court already stressed in no uncertain terms the  necessity  of a final judgment before parole or pardon. Yes. Pardon is granted to one after conviction; while amnesty is granted to classes of persons or communities who may be guilty of political offenses, generally before or after the  institution  of the criminal prosecution and sometimes after conviction. The grant of amnesty, for which accused-appellants voluntarily applied under Proclamation No. 347 was valid. This Proclamation was concurred in by both Houses of Congress. (Sales v. Director of Prisons, G.R. No. L-3972, October 13, 1950)

17. SALIENT PROVISIONS OF THE IRR ON PROCLAMATIONS NO. 403, 404, 405 & 406 RULE I GENERAL PROVISIONS Section I. Title - This Rules shall be known and cited as the "Implementing Rules and Regulations of Proclamation Nos. 403, 404, 405. and 406, series of 2023, in relation to Executive Order No. 125, series of 2021, as amended by Executive Order No. 47, series of 2023" or briefly known as " IRR of the Amnesty Proclamation Nos. 403, 404, 405, and 406."

18. RULE III COVERAGE Section 1. Person Covered. Any member of the RPMP-RPA-ABB, former member of the CPP-NPA-NDF or their front organizations, member of the MILF, and member of the MNLF who has committed any act or omission in pursuit of political beliefs, including those detained, charged, or convicted for such acts or omissions, may file an application for an amnesty Provided that, the crime for which amnesty may be granted must have been committed before 22 November 2023. A person whose application for amnesty was not considered under previous proclamations for having been filed outside the reglementary period for filing may apply under the aforementioned Proclamations.

19. Section 2. Person Not Covered - A person who is not a member of RPMP-RPA-ABB, MILF, and MNLF, or is an active member of the CPP-NPA-NDF or their front organizations, or who had already been granted an amnesty under previous amnesty proclamations, shall no longer qualify to apply for an amnesty under Proclamation Nos. 403, 404, 405, and 406, series of 2023.

20. Section 3. Crimes or Offenses Covered - Crimes or offenses committed in pursuit of political belief, whether punishable under the RPC or special penal laws, including but not limited to the following : Rebellion or insurrection (Art. 114, RPC; Conspiracy and proposal to commit rebellion or insurrection (Ar. 136, RPC ); Disloyalty of Public Officers or Employees (Art. 137, RPC ); Inciting to rebellion or insurrection (Art. 138, RPC ); Sedition ( Art. 1 39, RPC ); Conspiracy to commit sedition (Art. 141, RPC); Inciting to sedition (Art. 142, RPC ); Illegal assembly (Art 146, RPC); Illegal association (Art. 147, RPC ); Direct assault (An. 148, RPC): Indirect assault (Art. 149, RPC ); Resistance and disobedience to a person in authority or the agents of such person (Art. 151, RPC ); Tumults and other disturbances of public order (Art. 153, RPC ); Unlawful use of means of publication and unlawful utterances (Art. 154, RPC ); Alarms and scandals (An. 155, RPC ); Illegal possession of firearms, ammunition, or explosives, provided that these crimes or offenses were committed in furtherance of, incident to, or in connection with the crimes of rebellion or insurrection (RA 10591 ): and Those charged, detained, or convicted of common crimes but who can establish by substantial evidence that they have actually committed said crimes in pursuit of political beliefs.

21. Section 4. Crimes or Offenses Not Covered . The grant of amnesty under these Proclamations shall not cover the following: a. Kidnap for ransom ( Art. 267, RPC ); b. Rape (Art. 335, RPC ); c. Chines against chastity (Title XI , RPC); d. Massacre (R.A. No. 9851). e. Violation of the Comprehensive Dangerous Drugs Act of 2002 (R.A. No. 9165 ); f. Violation of the Anti-Torture Act of 2009 (R.A. No. 9745); g. Violation of the Anti-Terrorism Act of 2020 (R.A. No. 11479 ); h. Violation of the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity (R.A. No. 9851 ); i . Violation of generally accepted principles of international law, including the Hague Conventions of 1907; j. Grave violation of international humanitarian law, including the 1949 Geneva Conventions and their Additional Protocols ; k . Grave violation of customary international law; l. Such other analogous violations in domestic and in international law, including those identified by the United Nations as crimes that cannot be amnestied, such as but not limited to genocide, crimes against humanity, war crimes, torture, enforced disappearances, and gross violations of human rights; m. Violation of election laws, rules and regulations without the favorable recommendation of the Commission on Elections; and n. Crimes committed for personal ends. Section S. Period for Filing Amnesty Applications. Applications for the grant of amnesty shall be filed under oath with the Commission within to (2) years from the effectivity of the

22. Section 5. Period for Filing Amnesty Applications . Applications for the grant of amnesty shall be filed under oath with the Commission within ( 2) years from the effectivity of the amnesty proclamations. The two (2) year effectivity period shall commence on 04 March 2024 for Proclamation Nos. 403, 405, and 406 and on 13 March 2024 for Proclamation No. 404.

23. RULE IV ORGANIZATION RULE IV-A NATIONAL AMNESTY COMMISSION Section 1. Composition and Term of the Commission - The Commission shall be composed of the following: The Commission En Banc shall have seven (7) members composed of a Chairperson and two (2) Commissioners as Regular Members of the Commission to be appointed by the President, and with the Secretary of Justice, the Secretary of National Defense, the Secretary of the Interior and local Government, and the Presidential Adviser on Peace, Reconciliation and Unity as ex-officio members.

24. RULE IV-B LOCAL AMNESTY BOARD Section 1. Composition and Designation - In order to effectively and efficiently perform its mandate, the Commission shall constitute the LABs in such provinces, cities, and municipalities, as appropriate. Every LAB shall he composed of five (5) members, chosen by the Executive Committee from among the following: Local Chief Executive; 2. Regional/Provincial/City Director of the Department of the Interior and Local Government (DILG) or its counterpart in the Ministry of Interior and Local Government of the Bangsamoro Autonomous Regional of Muslim Mindanao (BARMM), as may be appropriate; 3. Regional Provincial/City Prosecutor of the Department of Justice (DOJ). as may be designated by the Secretary of Justice; 4. Regional/Provincial Director of the Philippine National Police (PNP) or alternates, as may be designated by the Chief of the PNP; 5. Brigade Commander of the Armed Forces of the Philippines (AFP) or alternates as may be determined by the Secretary of National Defense; 6. Integrated Bar of the Philippines (IBP) representative in areas with IBP chapters; and 7. Local religious leader or private sector representative.

25. RULE V PROCEDURE The Commission, through the Executive Committee, will adopt the procedures for the application for amnesty which includes but is not limited to the filing, processing of the applications, opposition thereto, if any, and submission of the recommendation to the President for approval of the grant of amnesty.

26. RULE VII TURNOVER OF UNLICENSED FIREARMS, AMMUNITION, WEAPONS, AND EXPLOSIVES Section 1. Applicability of R.A. No. 10591 - applicants who declare to tum over a firearm, ammunition, weapon, or explosive in their application shall tum over the said firearm, ammunition, weapon, or explosive without incurring liability for illegal possession and carrying thereof. Section 2. Referral of Turnover Unlicensed Firearms, Ammunition, Weapons and Explosives - In instances when the applicant declares to tum over an unlicensed firearm, ammunition, weapon; or explosive, the LAB shall make the necessary referral to appropriate government agencies.

27. RULE VIII EFFECTS OF AMNESTY The grant of amnesty shall have the following effects. Extinction of Criminal Liability - amnesty under these Proclamations shall extinguish any criminal liability for the crime/s declared by the applicant and covered in the grant of amnesty. 2. Restoration of Civil and Political Rights - The grant of amnesty shall restore the grantee's civil and political rights lost or suspended by virtue of conviction for crime/s covered thereby. The amnesty herein granted shall not absolve the grantee from civil liabilities for injuries or damages caused to private persons or entities .

28. RULE XIII EFFECTIVITY This Implementing Rules and Regulations shall take effect immediately upon publication in a newspaper of general circulation . Note : The said IRR was approved on March 14, 2024 and was published on June 12, 2024.

29. voluntarily applied under Proclamation No. 347, was valid. The release then of the respondents can only be justified by the amnesty, not the pardon. Decision : Court hereby RESOLVED the release of the respondents solely on the ground of the amnesty granted them and this case is DISMISSED. Members of the PCGBRP and of its Secretariat are admonished to exercise utmost care and diligence to save the President from any embarrassment in the exercise of his power to grant pardon or parole THANK YOU!