Amnesty under Criminal Law: Total Extinction of Criminal Liability
Amnesty is a constitutional act of sovereign grace by which the State obliterates the criminal liability of individuals or classes of individuals for specific offenses. It is a mode of total extinction of criminal liability provided under the Revised Penal Code (RPC) of the Philippines.
Legal Basis
Constitutional Provision:
- Article VII, Section 19 of the 1987 Philippine Constitution empowers the President to grant amnesty with the concurrence of a majority of all members of Congress.
Revised Penal Code:
- Amnesty is categorized under Article 89 of the RPC, which lists the grounds for the total extinction of criminal liability.
Characteristics of Amnesty
Public Act:
- Unlike a pardon, which is a private act affecting an individual, amnesty is a public act of the State, typically issued through a proclamation.
Retroactive Application:
- Amnesty has a retroactive effect, effectively extinguishing the criminal liability for acts committed prior to its issuance.
Political Nature:
- Amnesty is generally granted for political offenses, such as rebellion, sedition, or treason, often as part of national reconciliation efforts.
Scope and Coverage:
- It is often granted to classes or groups of individuals (e.g., insurgents) rather than to specific individuals.
Requires Congressional Concurrence:
- The President cannot unilaterally grant amnesty; it requires the approval of a majority of all members of Congress.
Process of Granting Amnesty
Presidential Proclamation:
- The President issues a proclamation specifying the terms, conditions, and scope of the amnesty.
Congressional Concurrence:
- A majority of all members of Congress must approve the proclamation.
Application for Amnesty:
- Persons covered by the proclamation must file a formal application for amnesty before the designated authority or committee within the specified period.
Determination of Qualification:
- A designated body, such as the Amnesty Commission, reviews applications to determine whether the applicant qualifies under the terms of the proclamation.
Effect of Grant:
- Upon approval of the application, the criminal liability for the specified offense is extinguished.
Distinction Between Amnesty and Pardon
| Feature | Amnesty | Pardon |
|---|---|---|
| Nature | Public act; addresses groups or classes. | Private act; addresses individuals. |
| Concurrence | Requires Congressional concurrence. | Solely the President's prerogative. |
| Effect | Extinguishes both criminal liability and penalties. | Extinguishes penalties but not criminal liability. |
| Application | Retroactive. | Prospective. |
| Scope | Generally for political offenses. | Covers all types of offenses. |
Effects of Amnesty
Total Extinction of Criminal Liability:
- Both the criminal liability and its associated penalties are extinguished.
Restoration of Civil Rights:
- Civil rights and political privileges that may have been forfeited due to conviction are restored.
Non-Inclusion in Criminal Records:
- Acts covered by amnesty are obliterated from the criminal records of the grantee.
Limitations of Amnesty
Scope Defined by Proclamation:
- Amnesty only covers offenses explicitly enumerated in the proclamation.
No Application to Civil Liability:
- While criminal liability is extinguished, civil liability (e.g., for damages) remains unless explicitly stated in the proclamation.
No Automatic Coverage:
- Individuals must apply for amnesty within the prescribed period and comply with the conditions.
Relevant Jurisprudence
People v. Vera (65 Phil. 56):
- Defined amnesty as an act of oblivion or forgetfulness of past acts, granted by the government for political offenses.
Barrioquinto v. Fernandez (82 Phil. 642):
- Distinguished between pardon and amnesty, emphasizing that amnesty obliterates the offense itself.
Monsanto v. Factoran (G.R. No. 78239, 1989):
- Held that while amnesty removes the criminal liability, it does not automatically erase civil liability unless explicitly stated.
Practical Applications
Amnesty is often granted in the context of:
- Peace negotiations with rebel groups (e.g., NPA, MNLF, MILF).
- Post-conflict reconciliation and reintegration.
- Transitional justice in the aftermath of political upheavals.
Conclusion
Amnesty is a powerful tool for the State to promote reconciliation, peace, and national unity. Its retroactive effect and broad coverage make it a distinct mechanism for extinguishing criminal liability, subject to clear procedural and constitutional safeguards.