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AMNESTY

Prepared by:

Gerald Kevin Hernandez

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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)

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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.
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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)
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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
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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.
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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.
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GRANT OF AMNESTY IN THE
PHILIPPINES
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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.
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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.
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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.
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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.
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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.
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REVOCATION OF THE AMNESTY

IS PROCLAMATION 572 AN ACT OF

REVOCATION ON THE PART OF DUTERTE?
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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.
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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.
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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
 Crimes committed for personal ends
 Violation of Comprehensive Dangerous Drugs Act of 2002; and
 Gross violation of the Geneva Convention of 1949
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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).
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THE NATIONAL AMNESTY
COMMISSION (NAC)
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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.

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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.
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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.
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• 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.  -
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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. 
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Thank You..