OF REPRESENTATIVE!

Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City pared 0 WU
ae, BA PH
SEVENTEENTH CONGRESS

BY:
First Regular Session

REEISTRATION Uy

House Bill No. 420 BILLS AND INDEX SiRVICF

Introduced by Representative GLORIA MACAPAGAL ARROYO

AN ACT
GRANTING AMNESTY TO MEMBERS OF THE COMMUNIST PARTY OF THE
PHILIPPINES-NEW PEOPLES ARMY-NATIONAL DEMOCRATIC FRONT
(CPP-NPA-NDF) AND OTHER INDIVIDUALAS AND GROUPS INVOLVED IN
PAST POLITICAL CONFLICTS

EXPLANATORY NOTE

Accepting rebels back into the folds of the law through amnesty, and eventually
providing them access to the government's existing socio-economic services, are
essential to attaining peace and reconciliation in the country, An amnesty
program is an integral component of the Duterte Government's comprehensive
peace efforts. There is an urgent need and expressed desire to extend amnesty
to members of the CPP-NPA-NDF and other individuals and groups involved in
past political conflicts as an instrument of reconciliation, and as a path for their
return to a peaceful, democratic, and pluralistic society.

In view of the foregoing, immediate approval of this measure is earnestly sought.

GLORIA Mi ‘AGAL ARROYO
2” District, Pampanga


Republic of the Philippi
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 43.0)

Introduced by Representative GLORIA MACAPAGAL ARROYO

AN ACT GRANTING AMNESTY TO MEMBERS OF THE COMMUNIST PARTY
OF THE PHILIPPINES-NEW PEOPLES ARMY-NATIONAL DEMOCRATIC
FRONT (CPP-NPA-NDF) AND OTHER INDIVIDUALS AND GROUPS
INVOLVED IN PAST POLITICAL CONFLICTS

Be itenacted bythe Senate and the House of Representatives of the
Philippines in Congress assembled:

SECTION 1. Grant of Amnesty. — Amnesty shall be granted to members
of the CPP-NPA-NDF and other individuals and groups involved in past political
conflicts who shall apply under this Act.

SECTION 2. Coverage. — Amnesty shall cover the crime of rebellion and
all other crimes included therein or incident thereto in pursuit of political beliefs as
defined by jurisprudence, or where the individual or group was accused because
of political conflict, whether punishable under the Revised Penal Code or special
laws.

Provided, that the amnesty granted under this Act shall not cover the
crimes against chastity, rape, torture, kidnapping for ransom, use and trafficking
of illegal drugs and violations of international law or convention and protocols,
even if alleged to have been committed in pursuit of political beliefs or if the
individual or group was accused because of political conflict

SECTION 3. Who May File for Amnesty. — Any member of the CPP-NPA-
NDF and other individuals or groups involved in past political conflicts who has
committed any act or omission in pursuit of political belief, or who was accused
because of political conflict, referred to in Section 2, including those detained,
charged or convicted for such acts or omission, may file an application for
amnesty.

Provided, that crimes for which amnesty may be granted must have been
committed on or before the date of effectivity of this Act.

Provided finally, that the National Committee on Social Integration (NCSI)
upon due deliberation, shall issue the corresponding Certificate of Amnesty. to
qualified applicants. The filing of an application herein, shall not ipso facto result
in a grant of amnesty.


SECTION 4. Effects of Amnesty. — The grant of amnesty shall have the
following effects:

Extinction of Criminal Liability. Amnesty under this Act shall extinguish
any criminal liability for acts committed in pursuit of political beliefs, without
prejudice to the grantee’s civil liability for injuries or damages caused to private
persons.

Restoration of Civil or Political Rights. - The grant of amnesty shall restore
the grantee’s civil and political rights lost or suspended by virtue of conviction for
crime/s covered thereby

SECTION 5. /ssuance of Safe Conduct Pass. — Unless detained pursuant
to law, a person who applies for amnesty shall be issued a Safe Conduct Pass
by the Provincial or City Peace and Order Council Amnesty Centers (P/CPOC-
ACs) as provided for under Section 9 of this Act. The Safe Conduct Pass shall
provide immunity from warrantless arrests for offenses covered under this Act.

SECTION 6. Turnover of Firearms. — Applicants with firearms should
turnover their firearms within thirty (30) days from their filing of application for
amnesty without incurring liability for illegal possession thereof, Thereafter, illegal
possession of firearms by any applicant or amnesty grantee shall be a ground for
denial or revocation of the amnesty, without prejudice to legal prosecution for
such illegal possession

SECTION 7. Confidentiality Clause. — Any testimony of the applicant as
well as the witnesses, and/or any evidence presented by the applicant before the
National Committee on Social Integration (NCSI) and P/CPOC-ACs not
otherwise available to the prosecution, shall not be used as evidence in any other
proceeding where the amnesty Is not in issue, except for the offense of perjury
committed in the course of the testimony relevant to the amnesty application

SECTION 8. Application Period. — Application for the grant of amnesty
shall be filed under oath with the NCSI or P/CPOC-ACs within six (6) months
from the effectivity of this Act.

SECTION 9. Implementing Mechanisms. — Pursuant to Administrative
Order No. 172, series of 2007, the NCSI shall be the principal body at the
national level to coordinate and monitor the implementation of this Act.

For this purpose, the NCSI shall, among others, call on any government
office, body, agency, instrumentality, council and commission to provide
assistance in the implementation of its functions; as well as constitute
committees and deputize offices in such provinces or cities, including their
respective Peace and Order Councils (POCs), as may be necessary for the
processing of amnesty proclamations. Furthermore, the NCSI shall promulgate
its own rules and regulations relative to the implementation of this Act.

At the local level, Amnesty Centers shall be established under the Peace
and Order Councils of provinces and cities. Said Centers shall be composed of
the following

- Provincial/City Prosecutor Office as Chair

- Integrated Bar of the Philippines

- Department of Interior and Local Government (DILG)
- Philippine National Police (PNP)


- Brigade/Batallion level of the Armed Forces of the Philippines (AFP) in t
the area
- Office of the Presidential Adviser on the Peace Process (OPAPP)

The DILG provincial/city office shall receive the amnesty applications for
processing by the P/CPOC

SECTION 10. Budget. — The initial amount necessary to implement this
Act shall be sourced from the Office of the President, and released to the Office
of the Presidential Adviser on the Peace Process (OPAPP). Regular funds shall
be provided on the succeeding years for its implementation under the General
Appropriations Act.

SECTION 11. Separability Clause. — Any provision of this Act declared
unconstitutional shall not affect the validity of the other provisions thereof.

SECTION 12. Repealing Clause. — All orders, rules, regulations and
other issuances, or parts thereof, which are inconsistent with this Act, are hereby
repealed or modified accordingly.

Approved,