Practice Relating to Rule 159. Amnesty
Section B. Prohibition on amnesty for war crimes
The Philippines’ Proclamation No. 348 (1994) states:
Amnesty is hereby granted to all personnel of the AFP [Armed Forces of the Philippines] and the PNP [Philippine National Police] who shall apply therefor and who have or may have committed, as of the date of this Proclamation, acts or omissions punishable under the Revised Penal Code, the Articles of War or other special laws, in furtherance of, incident to, or in connection with counter-insurgency operations; Provided
, that such acts or omissions do not constitute acts of torture, arson, massacre, rape, other crimes against chastity, or robbery of any form; and Provided
, that the acts were not committed for personal ends.
[emphasis in original]
The Philippines’ Proclamation No. 390 (2000) states:
Whereas, the judicious grant of amnesty, as an instrument of reconciliation, to members and supporters of the MILF [Moro Islamic Liberation Front] will facilitate their return to a peaceful, democratic and pluralistic society so essential to the attainment of peace and prosperity;
Now, Therefore, I, Joseph Ejercito Estrada, President of the Republic of the Philippines, by virtue of the powers vested in me by Section 19, Article VI of the Constitution, do hereby declare and proclaim:
1. Grant of Amnesty. – Amnesty is hereby granted to members and supporters of the MILF who have committed crimes on or before issuance of this Proclamation in pursuit of their political beliefs; Provided, that the amnesty granted under this Proclamation shall not cover kidnapping for ransom, massacre or torture of civilian non-combatants, rape, crimes against chastity and other crimes for personal ends; Provided further, that those who have already been granted amnesty under Proclamation Nos. 347, 724 and 21 can no longer qualify for amnesty under this Proclamation.
The Philippines’ Proclamation No. 1377 (2007) states:
Now, therefore, I, Gloria Macapagal-Arroyo, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution and the laws of the land do hereby declare and proclaim:
Section 1. Grant of Amnesty. Amnesty shall be granted to members of the CPP-NPA-NDF [Communist Party of the Philippines-New People’s Army-National Democratic Front] and other communist rebel groups who shall apply under this Proclamation.
Section 2. Coverage. Amnesty shall cover the crime of rebellion and all other crimes included therein or incident thereto to pursuit of political beliefs as defined by jurisprudence, whether punishable under the Revised Penal Code or special laws.
Provided, that the amnesty granted under this Proclamation shall not cover the crimes against chastity, rape, torture, kidnapping for ransom, use and trafficking of illegal drugs and other crimes for personal ends and violations of international law or convention and protocols, even if alleged to have been committed in pursuit of political beliefs.