December 21, 2010

DND AMNESTY COMMITTEE CIRCULAR NO. 01-10

WHEREAS, ICHAaT

WHEREAS, Section 2 of

WHEREAS, DND Department Order No. 320 dated December 15, 2010 was issued constituting the DND Ad Hoc Amnesty Committee with the authority to promulgate its own rules and procedures for the effective implementation of the amnesty program;

NOW THEREFORE, the DND Ad Hoc Amnesty Committee, by virtue of DND Department Order No. 320, hereby prescribes and adopts the following guidelines and procedures governing the reception, processing and determination of amnesty applications under

SECTION 1. Title. These rules shall be known as the "Rules of Procedure of the DND Ad Hoc Amnesty Committee for the Implementation of

SECTION 2. Functions of the Department of National Defense Amnesty Committee. The Department of National Defense Ad Hoc Amnesty Committee (hereinafter referred to as the "Committee") shall be tasked to receive and process applications, including oppositions thereto, if any, and issue recommendations to the Secretary of National Defense regarding its determination whether the applicants are entitled to amnesty under

SECTION 3. Coverage. These rules shall apply to all proceedings and deliberations of the Committee in connection with the performance of its duties and functions as defined in the preceding Section 2 hereof.

SECTION 4. Who may Apply; Act/s or Omission/s Covered. All active and former personnel of the Armed Forces of the Philippines (AFP), the Philippine National Police (PNP) as well as their supporters who have or may have committed crimes punishable under the DIESaC

Provided that amnesty shall not cover rape, acts of torture, crimes against chastity and other crimes committed for personal ends.

SECTION 5. Application Forms. Applicants for amnesty under

Certified true copies of any civilian and/or military court decisions and/or resolutions of pertinent cases involving the applicant's involvement/participation in any of the subject incidents shall be attached to the application.

SECTION 6. Where to Apply; Period of Availment. Sworn applications for the grant of amnesty shall be personally filed by the applicant with the DND Ad Hoc Amnesty Committee thru its Secretariat, within a period of ninety (90) days following the date of the publication of

SECTION 7. Principal Office/Venue of Proceedings of the Committee and the Secretariat. The Committee shall hold office at the Office of the Undersecretary for Defense Affairs (OUSDA), DND, and the Committee Secretariat shall have its office at the General Aguinaldo Room, AFP Commissioned Officers Club (AFPCOC), General Headquarters, Camp General Emilio Aguinaldo, Quezon City. The principal venue for the Committee's deliberations shall be the AFP Commissioned Officers Club (AFPCOC), unless otherwise changed by the Committee.

SECTION 8. Official Register of Applicants; Periodic Posting and Publication. The Committee shall maintain an official register of applicants for amnesty within the period of availment as specified under Section 6 of these Rules. The Committee shall ensure accessibility of the official register to any interested party.

The Committee shall periodically cause the posting of the updated official register in the following locations: AFP Commissioned Officers Club Bulletin Board and the Department of National Defense Bulletin Board (lobby), and shall cause the publication of said updated official register at the aforementioned DND and AFP website. The Committee shall cause the inclusion of the name of any applicant in the updated official register within three (3) days from filing of the subject application. EAISDH

SECTION 9. Opposition. Within fifteen (15) days from the posting of the name of an applicant in the locations mentioned in Section 8 hereof or the publication of the applicant's name in the DND and AFP website, whichever comes later, any person may file a sworn opposition to the application for amnesty.

SECTION 10. Determination of Qualifications of Applicants under the Amnesty Program. Upon receipt of the sworn application of any applicant and any sworn opposition thereto, the Committee shall immediately proceed to calendar the same for deliberation or for clarificatory hearing, if deemed necessary. The Committee shall forthwith act on the same with dispatch as provided for in Section 3 of

SECTION 11. Deliberations by the Committee; Admission of Participation and Guilt. The Committee may, in the presence of a quorum, conduct deliberations or any other investigative proceedings to clarify or resolve issues. A majority of all the members constitutes a quorum to conduct official proceedings. All decisions of the Committee shall be approved by a majority vote of all the members.

No application shall be approved without an express admission by the applicant of actual involvement/participation in connection with, in relation or incident to the July 27, 2003 Oakwood Mutiny, the February 2006 Marines Stand-Off and/or the November 29, 2007 Peninsula Manila Hotel Incident and that such involvement/participation constituted a violation of the

SECTION 12. Authority to Call a Meeting. The Chairman of the Committee shall fix the dates of deliberations and hearings of the Committee. Attendance in committee deliberations and hearings shall take precedence over all other duties of the members.

SECTION 13. Authority to Gather Information. The Committee is hereby authorized to call upon any office or personnel of the DND/AFP and other government agencies to furnish documents and information to the Committee for the effective implementation of its tasks. STECAc

SECTION 14. Secretariat. The Deputy Chief of Staff for Personnel, J1, AFP, shall provide and create a Secretariat to provide administrative assistance to the Committee in receiving and processing of applications for amnesty and any opposition thereto and the recording of minutes, reception of evidence and other documents presented during deliberations and hearings.

SECTION 15. Submission to the Secretary of National Defense. The Committee shall submit its recommendations to the Secretary of National Defense for approval within fifteen (15) days from receipt of all documentary requirements and/or from termination of the proceedings as the case may be.

SECTION 16. Effects. (a) Amnesty pursuant to this proclamation shall extinguish any criminal liability for acts committed in connection, incident or related to the July 27, 2003 Oakwood Mutiny, the February 2006 Marines Stand-Off and the November 29, 2007 Peninsula Manila Hotel Incident without prejudice to the grantee's civil liability for injuries or damages caused to private persons, if any.

(b) Except as provided below, the grant of amnesty shall effect the restoration of civil and political rights or entitlement of the grantees that may have been suspended, lost or adversely affected by virtue of any executive, administrative or criminal action or proceedings against the grantee in connection with the subject incidents, including criminal conviction of any form, if any.

(c) All enlisted personnel of the Armed Forces of the Philippines with the rank of up to Technical Sergeant and personnel of the PNP with the rank of up to Senior Police Officer 3, whose application for amnesty will be approved, shall be entitled to reintegration or reinstatement, subject to existing laws and regulations. However, they shall not be entitled to back pay during the time they have been discharged or suspended from the service or unable to perform their military or police duties. CHEIcS

(d) Commissioned and Non-commissioned officers of the AFP with the rank of Master Sergeant and personnel of the PNP with the rank of at least Senior Police Officer 4 whose application for amnesty will be approved, shall not be entitled to remain in the service, reintegration or reinstatement into the service nor back pay.

(e) All AFP and PNP personnel granted amnesty who are not reintegrated or reinstated shall be entitled to retirement and separation benefits, if qualified under existing laws and regulations, as of the time of their separation, unless they have forfeited such retirement benefits for reasons other than the acts covered by

SECTION 17. Appeal. The final decision or determination of the Department of National Defense shall be appealable to the Office of the President by any party to the application within 10 days from notice of the decision. The decision, however, shall be immediately executory even if appealed.

SECTION 18. Effectivity. These Rules shall take effect immediately upon its publication in two (2) newspapers of general circulation in the Philippines.

Done at the Department of National Defense, Camp General Emilio Aguinaldo, Quezon City, this 21st day of December, 2010. SCIAaT

ADOPTED,

(SGD.) USEC. HONORIO S. AZCUETA
Chairman
Department of National Defense

(SGD.) USEC. PIO LORENZO F. BATINO
Vice-Chairman
Department of National Defense

(SGD.) ASEC. LAMBERTO B. SILLONA
Member
Department of National Defense

(SGD.) RADM CORNELIO A. DELA CRUZ JR AFP
Member
Department of National Defense

(SGD.) BGEN. GILBERTO JOSE C. ROA AFP
Member
Department of National Defense

APPROVED BY:

(SGD.) HON. VOLTAIRE T. GAZMIN
Secretary
Department of National Defense