Proclamation No. 405, s. 2000

Olf icc ol"rhe Exccutivc Secrctat] MALACaNaNTS Manila BY THE PRESIDENT OIT T}IE I'HILIPPINES PnocLAMATrON N0. tDf'$ GRANTING AMNBSTY TO REEELS OTHER THAN MEMBERS OF 'THE MORO ISLAMIC LIBERATION FRONT ([/[ILD WHO IIAVE CCIN,f- MITTED CRIMES IN FTIR"THERANCE OF TI{EIR POI,ITICAL BELIEFS : $II{EREAS, a comprehensive peace process has treen ment that is fully supported by the Filipino people in order development and progress; WHEREAS, rebels should lre encouraged to avail of benefits of which facilitate their integration into a peacefuf society'; undeflaken b1'' the govelx- to achieve peace. national the amnesty program, the pturalistic and demooralic WHEREAS, the more than 11,000 rebels who have been granted amnesty under previous proclamations provo the success of the amnesty proetram and have strengthened the peace process; WI{EREAS, numerous rebels desiring to apply firr anrnesf-r, failed to file their applications under Proclamation No. 21 within the deadline for fiiing of applications on 24 March 2000, and many other rebels could not quali$, thereunder as all or some of the acts the,v are applyhg amnesty for were committed after December 3l , 1996, the cut off date for crimes that may be granted amnesty; WHEREAS, there is a need to give rebel groups other than the lvlILF' the widest possible opporfunity to avail of amnesty, the X,{ILF having been granted amnesty under h'oclamation No. 390 dated September 29, 2,000, to address the specilic problems in Mindanao arising from their armed relrellion; WHERE,A.S, the rscent State of the Nation Adrlress calling for a "nev, begirming" includes grvrng a fresh start for those who, after witnessing the strong commitment of the goveffrment to maintain the integrity of the Republic, ar6 now rvilling to return to peaceful fives and start anew; NOW, THEREFORE, I, JOSEPI{ &IERCITO ESTRADA, President of the Philippines, by virtue of the porvers vested in me by Section 19, Article VII of the Consti- tution do hereb-v declare and proclaim: . illilllllillllilllillllilllilllil /f pJEElotos,rm r21060 -2- Section 1. Grant of Amnestp - Amnes8 is hereby granted to all rebels who shall apply therefor and who have committed crimes in pursuit of their political beliefs on or before the issuance of this Proclamation; Provided, that the amnesty granted trnder this Proclamation shall not cover rape, crimes against chastity and other crimes for personal ends; Provided further, that those who have already been granted amnesty undcr Amnesty Proclamation Nos. 347, 723, 724 and 21 cafl no longer qualifi, for amnesty under this Proclanation. Sec. 2. Effects - (a) Amnesty under this Proclamation shall exfinguish any criminal liability for acts committed in pursuit of political belief, without prejudice to the grantee's civil liability for injuries or damages caused to private persons. 'Ihe grarrt of amnesty shall also effect the restoration of civil or political rights suspended or lost lry virtue of criminal conviction. (b) Amnesty granted to former Armed Forces of the Philippines and Philippine National Police personnel shall not ipso facto result in their reintegration or re- instatement into the service which shall continue to be governed by existing laws and regulations; Provided, however, that the amnesfy shall reinstate the right of AFP and PNP persorurel to retirement and separation benefits, if so qualified under existing laws, rules and regulations at the time of the commission of the acts for which amnesfy is oxtended, unless they have forfeited such retirement and separa- tion benefits for reasons other than the acls covered hy this Proclamation for which amnestv was granted. Sec. 3. The National A.mnesty Commission - fhe ]rlational Amnesty Commis- sio4 created under Amnesty Proclamation 347 shall process amnesty applications and, upon prior determination of entitlement shall grant amnesty to qualified applicants under this Proclamation. Decisions of the Commission on applications for amnesty shall be appealable to the Court of Appeals. The Commission shall continue to exerciss the functions and powers granted to it under Section 2 of Proclamation No. 21. All other provisions in said section are also deemed incorporated in this Proclamation. Sec. 4. Who may apply - All rebels, other than members of the Moro Islamic Liberation Front who are alroady covered under Proclamation No. 390, series 2000, who have committed crimes in pursuit of political beliefs on or before the date of issuance of this Proclamation, may apply for amnesty with the Commission or its duly authorized representatives. /,Jl[lffiull|Iufluul two thousand' By the President: /\rrr,,/U RONALDO B. ZAMORA Execufue Secretary /t[lullllull[$luuL -3- 'g Sec.5'ApplicationPeriod-Applicatio'.:fb:thegrantofamnestyshallbefiled under oath with th.-c;rrission or its d;ly authorized represenratives within one (r) year from the effectivity of this Proclamation' Sec.6.Effectivity-,l.hisProclamationshalltakeeffectuponconcurencebya majorityof the Members of Congress' INwlTNEsswHBRBotr.,Ihalrhereuntosetmyhandandcausedthesealof the Republic of the Philippines to be affixed' Done in the Ciry of Manil u, tr')ffday of 6dOlagr , in the year of O' Lord