16. Total Extinction of Criminal Liability (Arts.
89-93)
16.4 AMNESTY
SECOND DIVISION
G.R. No. 135457. September 29, 2000
PEOPLE OF THE PHILIPPINES vs. JOSE PATRIARCA, JR., alias "KA DJANGO," CARLOS
NARRA, alias "KA JESSIE" and TEN (10) JOHN DOES
FACTS: Accused-appellant, alleged to be a member of NPA operating in Donsol, Sorsogon, was
found guilty by the Regional Trial Court (RTC) at Sorsogon, Sorsogon of the crime of murder for
the death of one Alfredo Arevalo. He was sentenced to suffer the penalty of reclusion perpetua.
Accused-appellant appealed the decision of the RTC assigning as lone error the trial court’s
finding that he was guilty of the crime of murder in pursuance or furtherance of rebellion.
Accused-appellant likewise applied for amnesty under Proclamation No. 724 amending
Proclamation No. 347, dated March 25, 1994, entitled "Granting Amnesty to Rebels, Insurgents,
and All Other Persons Who Have or May Have Committed Crimes Against Public Order, Other
Crimes Committed in Furtherance of Political Ends, and Violations of the Article of War, and
Creating a National Amnesty Commission." His application was favorably granted by the National
Amnesty Board.
A careful verification and evaluation resulted in the Local Amnesty Board’s conclusion that his
activities were done in pursuit of his political beliefs.
ISSUE: What is the effect of the grant of Amnesty to the conviction of Accused-Appellant?
HELD: Accused-appellant was granted amnesty under Proclamation No. 724 which amended
Proclamation No. 347 dated March 25, 1994.
Section 1 of Proclamation No. 724 reads thus:
"Section 1. Grant of Amnesty. - Amnesty is hereby granted to all persons who shall
apply therefor and who have or may have committed crimes, on or before June 1,
1995, in pursuit of their political beliefs, whether punishable under the Revised
Penal Code or special laws, including but not limited to the following: rebellion or
insurrection; coup d'etat; conspiracy and proposal to commit rebellion, insurrection, or
coup d'etat; disloyalty of public officers or employees; inciting to rebellion or insurrection;
sedition; conspiracy to commit sedition; inciting to sedition; illegal assembly; illegal
association; direct assault; indirect assault; resistance and disobedience to a person in
authority or agents of such person; tumults and other disturbances of public order;
unlawful use of means of publication and unlawful utterances; alarms and scandals; illegal
possession of firearms, ammunitions, and explosives, committed in furtherance of,
incident to, or in connection with the crimes of rebellion and insurrection; and violations of
Articles 59 (desertion), 62 (absence without leave), 67 (mutiny or sedition), 68 (failure to
suppress mutiny or sedition), 94 (various crimes), 96 (conduct unbecoming an officer and
gentleman), and 97 (general article) of the Articles of War; Provided, That the amnesty
shall not cover crimes against chastity and other crimes for personal ends."
Amnesty commonly denotes a general pardon to rebels for their treason or other high political
offenses, or the forgiveness which one sovereign grants to the subjects of another, who have
offended, by some breach, the law of nations. Amnesty looks backward, and abolishes and puts
into oblivion, the offense itself; it so overlooks and obliterates the offense with which he is charged,
that the person released by amnesty stands before the law precisely as though he had committed
no offense.
Paragraph 3 of Article 89 of the Revised Penal Code provides that criminal liability is totally
extinguished by amnesty, which completely extinguishes the penalty and all its effects.
Disposition of the Case: Accused-appellant was acquitted from the crime of murder.
