Proclamation No. 390, s. 2000

MALACAÑAN PALACE

MANILA

BY THE PRESIDENT OF THE PHILIPPINES

PROCLAMATION NO. 390


GRANTING AMNESTY TO MEMBERS AND SUPPORTERS OF THE MORO ISLAMIC LIBERATION FRONT (MILF) WHO HAVE COMMITTED CRIMES IN FURTHERANCE OF POLITICAL BELIEFS

WHEREAS, the unrest in Mindanao brought about mainly by the armed conflict with the MILF has considerably slowed down national progress and development;

WHEREAS, a climate of peace in Mindanao is most necessary for the economic well-being of that area;

WHEREAS, the judicious grant of amnesty, as an instrument of reconciliation, to members and supporters of the MILF 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:

SECTION 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.

SECTION 2.     Processing of Applications. — The National Amnesty Commission (NAC) created under Proclamation No. 347, as most recently amended by Proclamation No. 21, shall receive and process applications for amnesty and, upon prior determination of entitlement, shall grant amnesty to qualified applicants under this Proclamation. Final Decisions of the Commission shall be appealable to the Court of Appeals.

The Commission shall continue to exercise the functions and powers granted to it under Section 2 of the Proclamation No. 21. All other provisions are also deemed incorporated in this Proclamation.

SECTION 3.     Effects. — Amnesty under this Proclamation 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 whose right to be indemnified is fully recognized herein. The grant of amnesty shall also effect the restoration of civil and political rights suspended or lost by virtue of criminal conviction.

SECTION 4.     Application Period. — Sworn applications for the grant of amnesty under this Proclamation shall be filed with the National Amnesty Commission or its duly authorized agents or representatives within six (6) months from the effectivity of the Proclamation.

SECTION 5.     Effectivity. — This Proclamation shall take effect upon concurrence by a majority of the Members of Congress.

DONE in the City of Manila, this 29th day of September, in the year of Our Lord, Two Thousand.

(Sgd.) JOSEPH EJERCITO ESTRADA