MIDTERM LESSONS

PARDON AND AMNESTY

CHAPTER 3

PARDON
PARDON

• It is defined as an act of grace given by those charged

with the power and authority to execute laws, exempting
the individual subject of pardon from punishment the law
inflicts for a crime he has committed. The grant of
pardon is an executive clemency that rests
exclusively within the sound discretion of the
President and is exercised to prevent a
miscarriage of justice or correct manifest injustice.
PARDON

• Pardon looks forward and relieves the offender from

the consequences of an offense of which he has
been convicted. It abolishes or terminates the
punishment, and for that reason that does not work the
restoration of the rights to hold public office or the rights
of suffrage unless terms of the pardon expressly restore
such rights and it in no case exempts the culprit from the
payment of the civil indemnity imposed upon him by the
sentence.
PARDON

• A pardon is a deed to the validity of

which delivery is essential, and delivery
is complete without acceptance. Pardon
is to afford relief from undue harshness
or evident mistakes in the operation
and enforcement of criminal law.
PARDON

• It is the private, though official act of an

executive magistrate delivered to the individual for
whose benefit it is intended and not communicated
officially to the court.
• Neither the legislative nor the judiciary branch of
government has the power to set forth conditions or
exercise procedures for the exercise of these
presidential prerogatives.
PARDON

• It is generally applied to all persons falling

within certain category or it may be conceded
to a single individual for an ordinary crime, in
which later case it is s special pardon and is
evidenced by the writing the acceptance of
which is necessary in order that it may
become effectual.
 PARDON
The PROCLAMATION OF JULY 4, 1902 with respect to those offenses
which have arisen out of internal political feuds and dissensions
among Filipinos themselves, such as the ordinary crimes of Murder,
Robbery, Arson etc. Must be regarded in the nature of PARDON.
DIFFERENT KINDS OF
PARDON
ABSOLUTE PARDON

• The president also grants absolute pardon to the

imprisoned President he has deposed. This has
happened in many countries around the world.
• In our jurisdiction, former President Gloria
Macapagal Arroyo granted absolute pardon to
former President Joseph Estrada who has convicted
by the Sandiganbayan for the crime of Plunder.
ABSOLUTE PARDON

• Refers to the total extinction of the

criminal liability of the individual to
whom it is granted without any
condition. It restores to the individual
his civil and political rights and remits
the penalty imposed for the particular
offense of which he was convicted.
ABSOLUTE PARDON

• It is granted to restore full political

and civil rights to convicted persons
who have already served their
sentence and have reached the
prescribed period for the grant of
absolute pardon.
THE PURPOSES OF ABSOLUTE PARDON
ARE:
• a. To right a wrong. Nothing in this world is
perfect. Even the administration of justice
can escape this phenomenon.
•b To normalize a tumultuous political
situation. Those in power brand critics and
oppositions against an incumbent regime as
criminals and subversives.
CONDITIONAL PARDON

• Refers to exemption of individual

within certain limits or conditions from
the punishments the law inflicts for the
offense he has committed resulting in
the partial extinction of criminal
liability.
 CONDITIONAL PARDON

It is like a contract between the Chief

Executive and the convict to the effect
that the former will release the latter
subject to the condition that if he does not
comply with the terms of the pardon, he
will be recommitted to prison to serve the
unexpired portion of the sentence or an
CONDITIONAL PARDON

• Conditional pardon applies to inmates who were slapped a fixed

or determinate sentence or a life imprisonment who are
otherwise not eligible for parole. It has the nature of a contract
in which the pardonee agrees to comply strictly with the
condition imposed by the pardon; otherwise, violations of the
conditions will revoke the contract of conditional pardon, and the
pardonee will be criminally prosecuted as a violator. In a
conditional pardon, the condition may be less acceptable to the
condemned than the original punishment and may be more
onerous.
 CONDITIONAL PARDON
• It is a contract between the President of the
Republic and the convicted criminal, convict’s
consent to the terms stipulated in the contract,
the convict has placed himself under the
supervision of the delegate officer who is duty
bound to see to it that the convict complies
with the conditions of the pardons.
 SIMILARITIES OF ABSOLUTE AND
CONDITIONAL PARDON:
• PARDON, whether absolute or conditional, is
in the nature of a deed, for the validity of
which delivery is an indispensable requisite.
Until accepted, all benefits to the grantee may
be cancelled. But once accepted by the
grantee, the pardon already delivered cannot
be revoked by the authority which granted it.
KINDS OF PARDON

GENERAL PARDON SPECIAL PARDON

• is a pardon which • - is s pardon which

applies to all persons is conceded to a
falling within a certain single individual for
category an ordinary crime.
 WHEN IS PARDON GRANTED???

• It is granted ONLY after conviction except in cases of

impeachment and as provided by the constitution. The
president may grant commutations, reprieves, remit fine and
forfeiture and pardons after conviction of final judgment..
• After granted the individual frees from all penalties and legal
disabilities and restores him to his civil rights. But unless
expressly grounded on the persons innocence, it cannot bring
back lost reputation for honesty, integrity and fair dealings.
WHAT AGENCY RECOMMENDS TO
THE PRESIDENT THE GRANT OF
PARDON?
Pardon may be granted by the President of the
Philippines upon the recommendation of the Board of
Pardons and Parole (BPP).
 BOARD OF PARDON AND PAROLE (BPP)

• Pardon may be granted by the President of the Philippines

upon the recommendation of the BPP. They are the agency
in charge with the release of sentenced prisoners based
on modes specified by law. Its actions and proceedings are
governed by the provisions of Section 4 of Act 4103,
otherwise known as “The Indeterminate Sentence Law”,
as amended and Executive Order No. 292, series of 1987
otherwise known as “The Administrative Code of 1987.
 BOARD OF PARDON AND PAROLE (BPP)

• The policy objective of BPP “ Conformably with

the basic precepts of justice and mercy, it
shall be the policy of the BPP to uplift and
redeem valuable human material to economic
usefulness and to prevent unnecessary and
excessive deprivation of person liberty.”
 Violation of Conditional Pardon - under article 159 of
the Revised Penal Code and sentenced to suffer
prision correccional in its minimum period. In other
words, one who violates the condition of his pardon
may be prosecuted and sentenced to suffer prision
correccional in its minimum period without prejudice
to the authority conferred upon the President by
section 64 (i) of the Revised Administrative Code to
recommit him to serve the unexpired portion of his
original sentence, unless such unexpired portion
exceeds 6 years, in which case the penalty of prision
correccional in its minimum period provided by
article 159 of the Revised Penal Code shall no longer
PRISION CORRECTIONAL MINIMUM - 6 months
and 1 day to 2 years and 4 months.
Minimum : 6 months and 1 day to 1 year, 1 month
and 10 days
Medium : 1 year, 1 month and 11 days to 1 year, 8
months and 20 days
Maximum : 1 year, 8 months and 21 days to 2 years
and 4 months One degree lower is arresto mayor
maximum.
 WHAT IS THE EFFECT OF PARDON BY THE
CHIEF EXECUTIVE?
• An absolute pardon extinguishes the criminal liability of the offender.
• It does not exempt the offender from payment of the civil indemnity
imposed in the sentence.
 Civil indemnity comes under the general provisions of the Civil Code on
damages, and refers to the award given to the heirs of the deceased as a
form of monetary restitution or compensation for the death of the
victim at the hands of the accused.

• It does not restores the right to hold public office or the right to
suffrage unless such rights are expressly restored by the terms of
pardon.
 DOES THE GRANT OF PARDON WORK TO RESTORE A
CONVICTED FELON THE RIGHT TO HOLD PUBLIC OFFICE?

• The effect of pardon is provided under Article 36 of the Revised

Penal Code, which provides that:
"Art. 36. Pardon; its effects. A pardon shall not work the restoration
of the right to hold public office, or the right of suffrage, unless such
rights be expressly restored by the terms of the pardon. A pardon
shall in no case exempt the culprit from the payment of the civil
indemnity imposed upon him by the sentence."
Civil liability arising from crime is
governed by the Revised Penal Code. It
subsists notwithstanding service of
sentence, or for any reason the sentence
is not served by pardon, amnesty or
commutation of sentence. Civil liability
may be extinguished only by the
same causes recognized in the Civil
Code, namely: payment, loss of the thing
due, remission of the debt, merger of the
A pardon does not restore a convicted felon
to public office necessarily relinquished or
forfeited by reason of the conviction
although such pardon undoubtedly restores
his eligibility for appointment to that office.
The rationale is plainly evident. Public
offices are intended primarily for collective
protection, safety and benefit of the
common good. They cannot be
compromised to favor private interests.
THE BOARD MAY NONETHELESS REVIEW AND/OR
RECOMMEND TO THE PRESIDENT THE GRANT OF
EXECUTIVE CLEMENCY TO AN INMATE PROVIDED THE
INMATE MEETS THE FOLLOWING MINIMUM REQUIREMENTS
OF IMPRISONMENT.
 WHAT IS THE REQUIREMENT BEFORE THE BPP MAY
RECOMMEND TO THE PRESIDENT THE GRANT OF PARDON?

• Conditional Pardon, the prisoner shall have served at

least one-half (1/3) of the minimum of his original
indeterminate and/or definite sentence. However, in
the case of a prisoner who is convicted of a heinous
crime as defined in Republic Act No. 7659 and other
special laws, he shall have served at least one-half
(1/2) of the maximum of his original indeterminate
sentence before his case may be reviewed for
conditional pardon.
 WHAT ARE THE REMEDIES OF THE STATE IF
CONDITIONS OF PARDON ARE VIOLATED?
• Under Section 64 of the Revised Administrative Code, the Chief
Executive is authorized to order "the arrest and re-
incarceration of any such person who, in his judgment,
shall fail to comply with the condition, or conditions of
his pardon, parole, or suspension of sentence."
• Upon determination that a prisoner granted conditional pardon
has violated the conditions thereof, the Board shall recommend
his arrest or recommitment to the President
THUS, WHEN THE CONDITIONS ARE VIOLATED, THE
OFFENDER IS CONSIDERED IN EVASION OF THE SERVICE OF
HIS SENTENCE AND SHALL BE

• 1. Rearrested and re-incarcerated by order of the

President under the Revised Administrative Code: or
• 2. Prosecuted under Article 159 of the Revised Penal
Code (RPC). When the penalty remitted is 6 years
and below, there will be an additional penalty, over
6 years, the remaining sentence shall be served
without additional penalty for the evasion
WHAT IS THE FELONY COMMITTED BY THE PARDONEE
WHEN HE VIOLATED THE CONDITION OF HIS PARDON?

• Article 159 of the Revised Penal Code provides for the proper felony to be
charged against the convicted felon who was granted and violated the
conditions of his pardon:
• "Art. 159. Other cases of evasion of service of sentence. The penalty of
prision correccional in its minimum period shall be imposed upon the convict
who, having been granted conditional pardon by the Chief Executive, shall
violate any of the conditions of such pardon. However, if the penalty remitted
by the granting of such pardon be higher than six years, the convict shall then
suffer the unexpired portion of his original sentence."
DISTINGUISH AMNESTY AND ABSOLUTE
PARDON
• 1. In amnesty, the effects of a crime are erased or
wiped out. Consequently, the convict is deemed
innocent as if no crime was committed at all; in
absolute pardon, the convict is excused from
serving the sentence but does not erase the effects of
conviction (unless the pardon was granted when the
convict had already served the sentence).
DISTINGUISH AMNESTY AND ABSOLUTE
PARDON

• 2. Amnesty may be granted even if the

offender has not yet been convicted by virtue
of a final judgment, it may be given before or
after final judgment. On the other hand, for
absolute pardon to be valid, there must
already be a final and executory sentence.
DISTINGUISH AMNESTY AND ABSOLUTE
PARDON
• 3. Amnesty is a public act that
requires the concurrence of Congress
(the House of Representatives and the
Senate); while absolute pardon is a
private act of the Chief Executive.
DISTINGUISH AMNESTY AND ABSOLUTE
PARDON
• 4 Amnesty is given to a class or group of offenders,
while absolute pardon is given to an individual
convict
• 5. Amnesty is extended only to offenders of political
crimes, while absolute pardon may be granted
whether the crime is political or non-political.
DISTINGUISH CONDITIONAL PARDON AND
PAROLE
• 1 The Chief Executive gives conditional pardon after conviction
under the provisions of the Revised Administrative Code, the
Board of Pardons and Parole (89) prisoner who has served the
minimum of an indeterminate sentence is then eligible for parole
• 2 For violation of the conditional pardon, the offender may either
serve the remitted penalty or prosecuted under Article 159 of
the Revised Penal Code (R for violation of parole, the convict is
re arrested to serve the unexpired portion of the penalty
DISTINGUISH VIOLATION OF CONDITIONAL PARDON
FROM EVASION OF SERVICE OF SENTENCE BY ESCAPING

• Violation of conditional pardon does not cause harm or

injury to the right of other persons nor does it disturb the
public order, it is merely an infringement of the terms
stipulated in the contract between the Chief Executive and
the Criminal Evasion of the service of the sentence is an
attempt, at least, to evade the penalty inflicted by the
courts upon criminals and thus defeat the purpose of the
law of either reforming or punishing them for having
disturbed the public order.
EFFECT OF APPEAL FROM CONVICTION BY THE TRIAL COURT
• Where an accused appealed his conviction by the trial court to the Court of
Appeals, his application for pardon thereof if one is made should not be acted
upon or the process towards its grants should not begun unless the appeal is
withdrawn. Hence, before an appellant may be validly granted pardon, he must
first ask for the withdrawn of his appeal , the appealed conviction must be first be
brought to finality. It was held in the case of People vs. Crisola, 128 SCRA 1,
March 2, 1984, that clemency terminates the appeal. However, said ruling was
corrected in the case of People vs. Salle, It G.R No. 103567, December 4, 1995,
which provides that, since pardon can be extended only to one whose conviction
is final, pardon has no effect until the person withdraws his appeal and thereby
allows his conviction to be final.
• It cannot absolve the court convict of civil liability, the court said that the grant of
conditional pardon and the subsequent dismissal of the appeal did not relieve the
accused of civil liability
EFFECT OF THE DEATH OF PRISONER UNDER
SUPERVISION
• If a prisoner granted conditional pardon dies during the
period of supervision, the Probation and Parole Officer
shall immediately transmit a certified true copy of the
prisoner's death certificate to the Board recommending
the closing of the case. However in the absence of a
death certificate, an affidavit narrating the circumstances
of the fact of death from the barangay chairman or any
authorized officer or any immediate relative where the
prisoner resided shall suffice.
PARDON BY THE CHIEF PARDON BY THE OFFENDED
EXECUTIVE PARTY

• Can extend to any crime, unless • Applies only to crimes against chastity
otherwise provided by the or subject to under the revised penal code.
conditions in the constitution or the
• It does not extinguishes the criminal
laws.
liability. But if the civil liability thereof
• Extinguishes the criminal liability of the
can be waived by the offended party.
offender; it does not extinguish civil
indemnity. • The pardon should be given before
the institution of criminal prosecution
• Is granted only after conviction and may
and must be extended to both
be extended to any of the offender;
offender
while in cases where the law allows
PARDON BY THE OFFENDED PARTY

• Pardon by the offended party in the prosecution of the crimes of

adultery, concubinage seduction, abduction, and acts of
lasciviousness is provided under Article 344 of the Revised Penal
Code (RPC), which provides that: "Art. 344, Prosecution of the
crimes of adultery, concubinage, seduction, abduction, and acts of
lasciviousness. The crimes of adultery and concubinage shall not
be prosecuted except upon a complaint filed by the offended
spouse. The offended party cannot institute criminal prosecution
without including both the guilty parties if they are both alive, nor,
in any case, if he shall have consented or pardoned the offenders.
PARDON BY THE OFFENDED PARTY

• The offenses of seduction, abduction, and acts of lasciviousness, shall

not be prosecuted except upon a complaint filed by the offended party
or her parents, grandparents, or guardian, nor in any case, if the
offender has been expressly pardoned by the above-named persons,
as the case may be In cases of seduction, abduction, acts of
lasciviousness, and rape, the marriage of the offender with the
offended party shall extinguish the criminal action or remit the penalty
already imposed upon him. The provisions of this paragraph shall also
be applicable to the co-principals, accomplices, and accessories after
the fact of the above- mentioned crimes."
CHAPTER 4

AMNESTY
 AMNESTY
• Derived from the Greek word AMNASTHIA amnesty, in
criminal law, sovereign act of oblivion or forgetfulness (from
Greek amnēsia) for past acts, granted by a government to persons
who have been guilty of crimes. Amnesty is granted usually for
political crimes against the state, such as treason, sedition, or
rebellion. It is addressed generally to classes or communities and
takes the form of a legislative act or other constitutional or
statutory act of the supreme power of the state.
Political crime – In criminology, a political crime or political offence is
an offence involving overt acts or omissions, which prejudice the
interests of the state, its government, or the political system.
AMNESTY

• Amnesty, derived from the Greek word amnasthia, has

retained the original general concept of oblivion, although it
has evolved into distinct technical concept in a criminal law,
constitutional law and international law. A sovereign act of
forgiveness for past acts, granted by a government to all
persons for to certain classes of persons who have been
guilty of crime or delict, generally political offenses treason,
sedition, rebellion, draft evasion - and often conditioned upon
their return to obedience and duty within a prescribed time.
 AMNESTY
• The amnesty is an of grace by the Chief Executive with the
concurrence of the legislature, usually extended to group
of persons who committed political offenses which puts into
oblivion the offense itself.
• It is an act of granting oblivion or a general pardon for a past
offenses and is rarely exercised favor of a single individual
and is usually exercised in behalf of a certain class of
persons, who are to trial but have not yet been convicted.
AMNESTY

• In one case, the Supreme Court, said amnesty "commonly

denotes the general pardon to rebels for their treason
and other high political offenses, or the forgiveness
which one sovereign grant to the subject of another,
who have offended by some breach of the law of
nations" The term "amnesty" belongs to international law,
and is applied to rebellions which by their magnitude are
properly within international law, but has no technical
meaning in the common law. It is a synonym of pardon.
 PURPOSE OF AMNESTY
• The purpose of amnesty is to hasten a country’s return to
political normalcy by putting behind it the animosities of
the past through a pardon that will open the door to
living normal lives for groups of people targeted by the
amnesty. These groups were once involved in political
activities during certain troubled times like war or rebellion and
by making a gesture of the state forgetting past destructive
activities of political dissidents or rebels and allowing them to
lead normal lives, the country in turn will ensure its
return to normalcy.
 AMNESTY COMPLETELY EXTINGUISHES THE PENALTY AND ITS
EFFECTS

• 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 stand before
the law precisely as though he had committed no
offense, in one case decided by the Supreme Court, it was
held that to avail of the benefits of an amnesty
proclamation, one must admit his guilt of the offense
covered by the proclamation.
 AMNESTY COMPLETELY EXTINGUISHES THE PENALTY AND ITS
EFFECTS

• Amnesty is a public act of which the court should take

judicial notice. Thus, the right to the benefits of amnesty,
once established by the evidence presented, either by the
complainant or prosecution or by the defense, can not be
waived, because it is of public interest that a person who is
regarded by the Amnesty Proclamation, which has the force of
law, not only as innocent, for he stands in the eyes of the law as
if he had never committed any punishable offense
because of the amnesty, but as a patriot or hero, and not
be punished as a criminal.
 AMNESTY COMPLETELY EXTINGUISHES THE PENALTY AND ITS
EFFECTS

• In one case decided by the Supreme Court, it was held

that the person released under an amnesty proclamation
stands before the law precisely as though he had
committed no offense. Par. 3, Art. 89, Revised Penal
Code, provides that criminal liability is totally
extinguished by amnesty, the penalty and all its
effects are thus extinguished. (People v. Patriarca,
G.R. No. 135457, September 29, 2000)
LIMITATIONS ON THE EXERCISE OF GRANTING
AMNESTY

• 1. It cannot be granted in cases of impeachment

• 2. It cannot be granted in cases of violation of
election laws without the favorable
recommendation of the Commission on Elections
• 3. A grant of amnesty must be with the concurrence
of a majority of all members of congress.
 DISTINGUISH AMNESTY UNDER PHILIPINE
LAW AND AMERICAN LAW
• Basically, in the 1987 Philippine Constitution particularly
section 19, paragraph 2 the grant to amnesty as it has been
utilized and understood in Philippine history, is taken a shaving
the same nature and effect as its counterpart. The only
difference is in the source of the grant of the amnesty; in the
Philippines ,amnesty is granted by the Chief executive with the
concurrence of the congress, while amnesty in the United
States is deemed included in the pardoning power of the
president. It used to be the instrument to harmonized and
 DISTINGUISH AMNESTY UNDER PHILIPINE
LAW AND AMERICAN LAW
• Under American law, amnesty defined as an exercise
of the sovereign power by which immunity to
prosecution is granted by wiping out the offense
supposed to have been committed by a group or class
of persons prior to their being brought to trial. By
express provisions grant of amnesty takes the form of
general pardon by virtue of presidential proclamations
without the concurrence of the congress.
 DISTINGUISH AMNESTY UNDER PHILIPINE
LAW AND AMERICAN LAW
• As practiced in the US, an amnesty in favor of a class or
classes of person accused of certain offenses against the
State is deemed to constitute an act of oblivion, obliterating
not only the penalty but also the offense itself. This was the
effect of the amnesty proclamation sued in 1863 by US
President Abraham Lincoln following the Civil War in the US,
and during the Vietnam conflict in the 1970s to favor those
guilty of violating the Military Selective Service Act amidst
strong opposition from different sectors.
 DISTINGUISH AMNESTY UNDER PHILIPINE
LAW AND AMERICAN LAW
• In the 1987 Philippine Constitution particularly Section 19,
paragraph 2, the power to grant amnesty is expressly provided
and granted to the President subject to the concurrence of a
majority of the members of Congress, Philippine Presidents
have used amnesty to restore unity and harmony in society
after divisive issues polarized Philippine society.
• Throughout Philippine constitutional history, except the period of
American military occupation of the islands, the power to grant
amnesty has always been expressly provided for as a power shared
by both the executive and the legislative branches of government.
 AMNESTY DURING THE SPANISH REGIME

• Studies of the Philippine history have mentioned

amnesty proclamations made in the nature of general
pardons during the Spanish regime granted by the
Governor – General include Legazpi ( to Rajah
Soliman and other chiefs in the 1570’s), Polavieja
(January 11, 1897), Fajardo, Corcuera and
Manrique de lara, particularly those granted to
Filipino and Chinese insurges.
 AMNESTY DURING THE AMERICAN REGIME

• The first amnesty proclamation in the country took effect in the century
and was issued by US President Roosevelt on July 4, 1902. It granted
full and complete pardon and amnesty in favor of persons who treason,
sedition, and all other crimes political character in the course of
“insurrection” of the Filipinos against the Spaniards, as well as those who
gave aid or comfort to said persons. The proclamation also covered
offenses, which grew out of internal political feuds and dissensions
between Filipinos and Spaniards or with the Spanish authorities or among
Filipinos themselves. The only conditions set forth in the terms of the
proclamation was taking of an oath of allegiance to the United States of
America. The proclamation, deemed as a “wise and humane act”
 LIST OF AMNESTY PROCLAMATIONS, PRESIDENTIAL DECREES
AND ISSUANCES BY PHILIPPINE PRESIDENTS AFTER THE
JAPANESE INVASION

• 1. Proclamation No. 8- President Manuel Roxas granted amnesty to guerilla and

resistance fighters on September 7, 1946. The amnesty sought to recognize such persons
not as criminals but as patriots and heroes who have rendered invaluable service to the
nation. A Guerilla Amnesty Commission was formed by virtue of Administrative Order
No. 11 (October 21, 1946) to which those who sought to avail of the amnesty must apply.
Six additional commissions known as the Philippine Army Amnesty Commissions, which
were to take cognizance of the cases of persons subject to military law and falling within the
terms of the proclamation, were created later through Administrative Order No. 17
(November 15, 1946)
• 2. Proclamation No. 51-dated January 28, 1948, President Roxas issued a
proclamation that granted amnesty to those who collaborated with the enemy during World
War II.
LIST OF AMNESTY PROCLAMATIONS, PRESIDENTIAL DECREES
AND ISSUANCES BY PHILIPPINE PRESIDENTS AFTER THE
JAPANESE INVASION

• 3. Proclamation No. 76-issued by President Elpidio

Quirino on June 21, 1948 granted conditional amnesty
limited to leaders and members of the groups Hukbong
Bayan Laban sa Hapon (HUKBALAHAP) and
Pambansang Kaisahanng mga Magbubukid (PKM)
• 4. Proclamation Nos. 81 and 86-were thereafter
issued (15 and 31 July 1948, respectively) extending the
original period up to August 15, 1948.
 LIST OF AMNESTY PROCLAMATIONS, PRESIDENTIAL DECREES
AND ISSUANCES BY PHILIPPINE PRESIDENTS AFTER THE
JAPANESE INVASION

• 5. Proclamation No. 164 issued on January 4, 1950 by President

Quirino granting conditional and limited amnesty to Francisco Medrano
(a supporter of Pres. Laurel) and other participants to the uprising, whom
the President regarded as motivated by a "mistaken belief" that they are
just grievances against the duly constituted authorities which could be
redressed by armed resistance. The proclamation covered the crimes of
rebellion, sedition, and disloyalty committed by the said persons subject to
their surrender to the provincial authorities and the laying down of arms
and ammunitions.
• 5. Republic Act No. 810 gives authority to the Guerilla Amnesty
Commission to hear amnesty applications, issued on June 22, 1952.
LIST OF AMNESTY PROCLAMATIONS, PRESIDENTIAL DECREES
AND ISSUANCES BY PHILIPPINE PRESIDENTS AFTER THE
JAPANESE INVASION

• 6. Proclamation No. 95 - declares amnesty to persons

penalized because of their political or religious belief issued
on January 11, 1973.
• 7. Proclamation Decree No. 206 - are guidelines covering
the jurisdiction of military tribunals and civil courts, issued on
June 6, 1973.
• 8. Proclamation Decree No. 497-grants amnesty to all
Filipino Muslims penalized for their resistance to authorities
issued on June 28, 1974.
LIST OF AMNESTY PROCLAMATIONS, PRESIDENTIAL DECREES
AND ISSUANCES BY PHILIPPINE PRESIDENTS AFTER THE
JAPANESE INVASION

• 9 Proclamation Order No. 571 was issued on November 1, 1974

granting amnesty in favor of officers and ranking leaders of the CPP,
PKP, HUKS (which became the Hukbong Mapagpalayang Bayan
[HMB]), Malayang Samahan ng Magsasaka (MASAKA),
MalayangPagkakaisang Kabataang Pilipinas (MPKP) and Samahang
Pambansang kababaihan sa Pilipinas (SPKP) who indicated their desire
to return to with the program of the New Society the folds of the law
and cooperate
• 10. Proclamation Decree No. 571A-issued on November 2, 1974,
granting amnesty to political expatriates.
 LIST OF AMNESTY PROCLAMATIONS, PRESIDENTIAL DECREES
AND ISSUANCES BY PHILIPPINE PRESIDENTS AFTER THE
JAPANESE INVASION

• 11. The Tripoli Agreement- pursuant to this Agreement signed in Tripoli, Libya on
December 23, 1976, a limited and conditional amnesty was granted in favor of the
leaders, member and/or sympathizers of the MNLF and the Bangsa Moro Army
on February 2, 1977 with a view of attaining the objectives of the peace-making
efforts of the government and encouraging dissidents to return to the folds of the
law.
• 12. Presidential Decree No. 1429- issued by President Marcos on June 10,
1978, which granted conditional amnesty to persons arrested and/or charged, or
although not arrested and/or charged who may have committed acts which made
them liable for rebellion, sedition, subversion, illegal possession of firearms and other
crimes committed in furtherance thereof.
 LIST OF AMNESTY PROCLAMATIONS, PRESIDENTIAL DECREES
AND ISSUANCES BY PHILIPPINE PRESIDENTS AFTER THE
JAPANESE INVASION

• 13. Proclamation Decree No. 1727A - prohibits the grants of permits

for holding public rallies, etc to persons found guilty of rebellion, etc.,
issued on October 08, 1980.
• 14. Presidential Decree No. 1745 in view of the many cases of simple
illegal possession of firearms and ammunitions filed in court, President
Marcos issued this decree on November 20, 1980 granting amnesty
to persons who were under arrest and/or investigated for, charged with,
or convicted of, the said crime and who applied therefor in writing to the
proper authorities within three months from the date of the decree.
 LIST OF AMNESTY PROCLAMATIONS, PRESIDENTIAL DECREES
AND ISSUANCES BY PHILIPPINE PRESIDENTS AFTER THE
JAPANESE INVASION

15. Proclamation No. 80-the amnesty issued by President Corazon

Aquino to persons who, in furtherance of their political beliefs, committed acts
penalized by existing laws issued on February 28, 1987. The proclamation
granted amnesty to persons who may have committed crimes in furtherance of
political beliefs but it covered only those "not being in the custody of, or
charged by, or undergoing investigation by the constituted authorities."
16. Memorandum Circular 105 - issued on September 26, 1989 as
clarificatory guidelines for processing of amnesty manifestation forms of rebel
returnees.
LIST OF AMNESTY PROCLAMATIONS, PRESIDENTIAL DECREES
AND ISSUANCES BY PHILIPPINE PRESIDENTS AFTER THE
JAPANESE INVASION

• 17. Executive Order No. 350 - guidelines governing

processing of amnesty manifestation forms of rebel returnees,
issued on March 13, 1989.
• 18. Proclamation No. 10- issued on July 27, 1992 by
President Fidel V. Ramos granting amnesty to persons who
have failed he will still file applications for "Cory grants
amnesty to rebels," which was published in the Philippine Daily
Inquirer on March 1, 1987.
LIST OF AMNESTY PROCLAMATIONS, PRESIDENTIAL DECREES
AND ISSUANCES BY PHILIPPINE PRESIDENTS AFTER THE
JAPANESE INVASION

• 19. Proclamation No. 10-A - was issued to cover a total of 4,485

returnees whose applications were not acted upon under the Aquino
Administration. It also established National Unification
Commission (NUC), which was an advisory body tasked to hold
consultations with the people, including all rebel groups, as well as
the Armed Forces of the Philippines (AFP), and the Philippine National
Police (PNP), and to recommend to the President a viable general
amnesty program and process which will lead to a just,
comprehensive, and lasting peace.
 LIST OF AMNESTY PROCLAMATIONS, PRESIDENTIAL DECREES
AND ISSUANCES BY PHILIPPINE PRESIDENTS AFTER THE
JAPANESE INVASION

• 20. Proclamation No. 347-by its express terms, seeks to hasten the
peace process and to reintegrate, as soon as possible, all rebels and
insurgents into the mainstream of society, including those who had been
charged or convicted.
• 21. Proclamation No. 348-issued on March 25, 1994, granting
amnesty to certain AFP and PNP personnel who committed acts in
connection with counter insurgency options By virtue of this proclamation is
the creation of the National Amnesty Commission (NAC), a body
tasked with determining who among the applicants are qualified for
amnesty.
LIST OF AMNESTY PROCLAMATIONS, PRESIDENTIAL DECREES
AND ISSUANCES BY PHILIPPINE PRESIDENTS AFTER THE
JAPANESE INVASION

• 24. Executive Order No. 299- this was issued on May 17, 1996 for the
National Amnesty Commission to very process and determine RAM SFP-YOU
members to be granted amnesty
• 25. Proclamation No. 21-issued on September 23, 1998 amending
proclamation no. 347 ( 1994) re: grant of amnesty to rebel, insurgents etc.
• 26. Proclamation No. 390-issued on September 29, 2000, granting
amnesty to MILF members who committed crimes in furtherance of their
political beliefs.
• 27. Proclamation No. 405-Granting amnesty to rebels who committed
crimes in furtherance of their political beliefs issued on October 26, 2000.
 LIST OF AMNESTY PROCLAMATIONS, PRESIDENTIAL DECREES
AND ISSUANCES BY PHILIPPINE PRESIDENTS AFTER THE
JAPANESE INVASION

• 28. Proclamation No. 1377 - grant of amnesty to members of the CPP-NPA-

NDF and other communist rebel groups issued on September 06, 2007
• 29. Proclamation No. 50- was issued on October 11, 2010 by President
Benigno S. Aquino granting amnesty to certain active and former personnel of
the Armed Forces of the Philippines (AFP) and their supporters, who have or may
have committed acts or omissions punishable under the Revised Penal Code, the
Articles of War or other special laws in connection with, in relation or incident to
the July 27, 2003 Oakwood Mutiny, the February 2006 Marines Stand-Off
and/or the November 29, 2007 Manila Pen Incident and related incidents.
 IMPLIED AMNESTY
• It takes place in international law when a treaty of peace is
made between contending parties; in domestic or municipal
law, it results from inhibition of the State from prosecuting or
punishing persons who committed political offenses, or when
the law punishing a certain crime is repealed with retroactive
effect resulting in the decriminalization of the act and the
release of those charged or convicted for the same.
 EXPRESS AMNESTY

• It is one granted in direct terms such as

a Presidential proclamations or law
enacted by the legislature granting
amnesty.
 GENERAL AMNESTY

• It is granted to a whole class of persons

within the territorial domain or under
the effective jurisdiction of the
sovereign issuing the decree.
 LIMITED AMNESTY

• It covers a segment of a particular

class only or the portion of the
sovereign’s territorial jurisdiction or
specific acts committed within the
limited or specified time frame.
 CONDITIONAL AMNESTY

• When the grant of amnesty is subject to the fulfilment

of certain requisites, such as the filing of an
application, the laying down of arms, and taking of an
oath of allegiance.
UNCONDITIONAL AMNESTY
It is expressed in broad terms does not lay down
specific requirements and procedures.
 NATIONAL AMNESTY COMMISSION (NAC)

• It the primary agency tasked to received and process

applications for amnesty and determine whether the
applicants are entitled to amnesty under any
proclamation by the president granting amnesty. Pursuant
to its functions, it has the power to promulgate rules and
regulations subject to the approval of the president. Final
decisions or determinations of the NAC are appealable to
the Court of Appeals (CA).
 NATIONAL AMNESTY COMMISSION (NAC)

• It was created by virtue of Proclamation No. 347,

dated March 25 1994, to receive and process
former rebels applications for amnesty and determine
whether the applicants for the grant of amnesty under
said Proclamation. The commission, to date, has
received almost 25,000 amnesty applications and
granted amnesty to more than 20,000 former rebels.
 THE ABOLITION NATIONAL AMNESTY
COMMISSION (NAC)
• By virtue of Executive Order No. 415 issued by President
Gloria Macapagal Arroyo on March 22, 2005, the National
Amnesty Commission (NAC) is thereby abolished. As
provided therein, the term of the NAC, created under
Proclamation 347,is thereby deemed expired in view of
completion of its assigned tasked as provided by section 4
thereof. All assets, liabilities, choses in action, equipment,
facilities, funds, records and other properties of the NAC
are hereby transferred to the Office of the President
 THIS IS A PARTIAL LIST OF PEOPLE PARDONED OR GRANTED
CLEMENCY BY THE PRESIDENT OF THE PHILIPPINES.

• Jose P. Laurel - Feliciano Lizardo – assassin who attempted to take the life of Laurel at the Wack Wack
golf course in 1943
• Manuel Roxas - Among them are beneficiaries of Proclamation No. 51 which is a general amnesty for
people charged for collaborating with Imperial Japan during the Japanese occupation of the Philippines in
World War II
• Ferdinand Marcos- Hiroo Onoda – Imperial Japanese soldier who remained in hiding in the Philippines
even after the official end of World War II. Pardoned for actions against local residents in Lubang Island
 Fidel V. Ramos –
Robin Padilla – convicted for illegal possession of firearms in 1994.[6] Conditional pardon from April 1997 to
2003.[7]

Jaime Tadeo – Kilusang Magbubukid ng Pilipinas leader charged of swindling during the Martial law era under
President Ferdinand Marcos. Granted absolute pardon by Ramos in 1998
 THIS IS A PARTIAL LIST OF PEOPLE PARDONED OR GRANTED
CLEMENCY BY THE PRESIDENT OF THE PHILIPPINES.
• Gloria Macapagal Arroyo - Joseph Estrada – Arroyo's predecessor deposed in the
Second EDSA Revolution in 2001. Convicted of plunder. Granted pardon in 2007
• Benigno Aquino III - Antonio Trillanes, Danilo Lim and Renato Miranda – lead figures of
the Oakwood mutiny against the administration of President Gloria Macapagal Arroyo in
2003
• Rodrigo Duterte - Individuals pardoned by Rodrigo Duterte.
 Robin Padilla – convicted for illegal possession of firearms in 1994. Granted absolute
pardon in 2016.[6]
 Jovito Plameras Jr. – first elected governor of Antique. Convicted for graft. Granted
conditional pardon in 2016 if he pays the Antique provincial government ₱2.65 million. [11]
 Joseph Scott Pemberton – American military personnel convicted for the homicide of
transgender woman Jenniffer Laude in 2014. Granted absolute pardon in 2020