Accordion Spoiler
Procedures in Applications
Process Guidelines
1. How can a member of the amnestied rebel group apply for amnesty?
Application for amnesty is simple. An applicant needs to fill out an Application Form prescribed by the National Amnesty Commission, have the same notarized before an officer duly authorized to administer oath, and attach thereto the documents that can support his or her application. An applicant 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.
2. Where can he apply?
Application can be filed in any of Local Amnesty Boards constituted by the NAC, established in the following areas:
1. National Capital Region / Central Office
2. Bacolod City
3. Iloilo City
4. Cagayan de Oro
5. Cotabato City
6. Pagadian City
7. Davao City
8. Isabela City, Basilan
9. Jolo, Sulu
3. What documents need to be submitted?
The following documents are needed:
Application Form Proof of Identity
1. Proof of membership/affiliation in the rebel group
2. 2 x 2 I.D. picture & 1 whole body picture
3. Other documents to substantiate the application:
1. Information sheet
2. Complaint-Affidavit
3. Prosecutor’s Resolution
4. Warrant of Arrest
5. Criminal Information
6. Judgment of Conviction
7. Detention Order
8. Certificate of Custody or detention
4. What happens after the application is submitted?
As soon as the application is received, the LAB Secretariat immediately determines the completeness of the application and inform the applicant of any lacking requirement or document. If the application is complete, it will proceed to validate all the given information and make a summary of its findings. It will then schedule the application for a conference during which the LAB will deliberate on the subject application and recommend the appropriate action to the NAC (Commission en banc).
5. Is the conference mandatory?
A conference is not always necessary. Whenever, it is called, the same is summary and non-adversarial. It can actually be dispensed with if the applicant personally filed his or her application, and from all indications, she or he is clearly entitled to amnesty and there is no opposition to her or his application.
6. What is the basis for the LAB’s recommendation to grant or deny the application?
The LAB will base its determination on the documents submitted by the applicant, as well as the testimony of the witnesses and the results of the validation processes. The opposition, if any, will also be considered.
7. After the deliberations of the LAB, what will happen next?
The LAB, through the Secretariat, will forward the case folder of the applicant, together with its recommendation to the NAC Central Office, who may either adopt the recommendation or conduct a new conference. If it decides to approve the application, the NAC will make a resolution recommending the grant of amnesty to the Office of the President.
After the approval by the President of the application for amnesty is received by the NAC, the latter will issue the Certificate of Grant of Amnesty.
8. Can an application be denied?
An application may be denied on valid grounds, such as:
1. The applicant is not a member of the rebel group to whom the amnesty was proclaimed or an active member of the CPP-NPA-NDF;
2. The subject crime was committed after the proclamation of amnesty;
3. The crime is excluded or committed not in pursuit of political belief.
9. Is there any remedy for the denied grant of amnesty?
After the denial of the grant of amnesty by the Office of the President, the applicant whose application was denied may file an appeal with the Court of Appeals pursuant to the Rules of Court.
10. How can individuals safely apply for amnesty if they fear arrest or are fugitives due to an outstanding warrant?
The said applicant has two options:
1. She or he can issue a Special Power of Attorney in favor of a person of his or her confidence authorizing the latter to submit his or her duly sworn application for amnesty
2. She or he can authorize a person of her or his confidence to apply for Provisional Safe Conduct Pass (PSCP) on her or his behalf; and, once a PSCP is granted, she or he can personally file her or his application to the LAB.
11. What about if the applicant is in detention or is serving sentence?
She or he may still apply for amnesty with the assistance of the officer having custody over her or him. The said officer is required to provide all assistance necessary for the Person Deprived of Liberty to submit her or his application for amnesty. In such case, the LAB may conduct the conference within the custodial facility.
12. What is a Safe Conduct Pass (SCP)?
SCP is a document issued by the NAC to an applicant for amnesty that protects him or her from arrest, detention and prosecution for the crimes subject of his or her application. It guarantees freedom of movement of the applicant while his or her amnesty application is being considered. It does not, however, cover offenses not covered by the amnesty proclamation nor those committed after the issuance of the proclamation.
13. How can a rebel apply for SCP?
An applicant for amnesty, must, at the time of his or her application, indicate his or her intention to apply for SCP. He may also, prior to the filing of his or her application, ask a person of confidence to apply a PSCP for him or her. After submitting his or her application for amnesty, she or he may indicate therein her or his intention to apply for Safe Conduct Pass.
14. When can a Provisional Safe Conduct Pass be issued?
A Provisional Safe Conduct Pass may be issued by the LAB immediately upon application, if the applicant appears to be clearly entitled to amnesty. The same is effective only for fifteen days from its issuance to afford the said applicant sufficient time to prepare and submit his or her application for amnesty.
A Provisional Safe Conduct Pass is effective only within the province or region of the LAB that issued it.
15. Can a Provisional Safe Conduct Pass extend beyond 15 days?
A PSCP cannot be extended beyond 15 days. However, a conduct pass that is effective beyond 15 days is called the Safe Conduct Pass. It is issued by the NAC, on the recommendation of the LAB and its own determination of the merit of the application. The SCP is effective during the pendency of the application for amnesty by the President (until the denial or approval of the grant of amnesty), or unless sooner revoked by the NAC..
16. What are the effects of a SCP?
A Safe Conduct Pass guarantees the applicant freedom from arrest for the crime for which an amnesty is applied for and committed prior to the proclamations of amnesty. It is not an immunity from arrest for future crimes or those committed after the filing of the application.
17. Will the SCP entitle a convicted rebel to be released from detention?
A Safe Conduct Pass guarantees the applicant freedom from arrest for the crime for which an amnesty is applied for and committed prior to the proclamations of amnesty. It is not an immunity from arrest for future crimes or those committed after the filing of the application.
