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[G.R. No. 135457.

September 29, 2000]


PEOPLE OF THE PHLPPNES, plaintiff-appellee, vs. !OSE P"TR"R#", !R., $%&$' ()"
*!"NGO,( #"RLOS N"RR", $%&$' ()" !ESSE( $+, TEN -10. !OHN *OES, accused-
appellant.
* E # S O N
/0EN", J.1
*o2tr&+e: The Court takes judicial notice of the grant of amnesty upon accused-appellant Jose N.
Patriarca, Jr. Once granted, it is inding and effecti!e. "hile amnesty looks ack#ard and aolishes and
puts into oli!ion the offense itself, it so o!erlooks and oliterates the offense #ith #hich he is charged
that the person released y amnesty stands efore the la# precisely as though he had committed no
offense.
F"#TS:
On $ugust %&, %''(, an information for murder #as filed against Jose Patriarca, Jr., alias )*a +jango,)
)Carlos Narra), )*a Jessie,) et al., charging them of murder.
$ccused-appellant Jose Patriarca, Jr. #as also charged #ith ,urder for the killing of one -udy de .orja
and a certain /lmer Cadag .
The defense presented accused Jose Patriarca, Jr. and 0rancisco +erla #ho admitted that accused is a
memer of the NP$ operating in +onsol, 1orsogon, ut denied e!er aducting the !ictims in the three
criminal cases filed against him.
$ccused-appellant applied for amnesty under Proclamation No. 234 amending Proclamation No. 542,
dated ,arch 36, %''4, entitled )7ranting $mnesty to -eels, 8nsurgents, and $ll Other Persons "ho
9a!e or ,ay 9a!e Committed Crimes $gainst Pulic Order, Other Crimes Committed in 0urtherance of
Political /nds, and :iolations of the $rticle of "ar, and Creating a National $mnesty Commission.) 9is
application #as fa!oraly granted y the National $mnesty .oard. $ttached to appellant;s rief is the
Notice of -esolution of the National $mnesty Commission <N$C=.
SS0E:
"hether Patriarca is guilty of the crime of murder, an offense committed in pursuance or in furtherance of
reellion
HEL*: Accused-appellant Jose N. Patriarca, Jr. is hereby ACQUITT! of the cri"e of "urder.
$ccused-appellant Jose N. Patriarca, Jr. #as granted amnesty under Proclamation No. 234 dated ,ay %2,
%''&. 8t amended Proclamation No. 542 dated ,arch 36, %''4.
1ection % of Proclamation No. 234 reads thus:
)1ection %. Grant of Amnesty. - $mnesty is herey granted to all persons #ho shall apply therefor and
#ho ha!e or may ha!e committed crimes, on or before June 1, 1995, in pursuit of their political eliefs,
#hether punishale under the -e!ised Penal Code or special la#s, including ut not limited to the
follo#ing: reellion or insurrection> coup d;etat> conspiracy and proposal to commit reellion,
insurrection, or coup d;etat> disloyalty of pulic officers or employees> inciting to reellion or
insurrection> sedition> conspiracy to commit sedition> inciting to sedition> illegal assemly> illegal
association> direct assault> indirect assault> resistance and disoedience to a person in authority or agents
of such person> tumults and other disturances of pulic order> unla#ful use of means of pulication and
unla#ful utterances> alarms and scandals> illegal possession of firearms, ammunitions, and e?plosi!es,
committed in furtherance of, incident to, or in connection #ith the crimes of reellion and insurrection>
and !iolations of $rticles 6' <desertion=, &3 <asence #ithout lea!e=, &2 <mutiny or sedition=, &@ <failure
to suppress mutiny or sedition=, '4 <!arious crimes=, '& <conduct unecoming an officer and gentleman=,
and '2 <general article= of the $rticles of "ar> Pro!ided, That the amnesty shall not co!er crimes against
chastity and other crimes for personal ends.)
$mnesty commonly denotes a general pardon to reels for their treason or other high political offenses, or
the forgi!eness #hich one so!ereign grants to the sujects of another, #ho ha!e offended, y some
reach, the la# of nations. $mnesty looks ack#ard, and aolishes and puts into oli!ion, the offense
itself> it so o!erlooks and oliterates the offense #ith #hich he is charged, that the person released y
amnesty stands efore the la# precisely as though he had committed no offense.
Paragraph 5 of $rticle @' of the -e!ised Penal Code pro!ides that criminal liaility is totally e?tinguished
y amnesty, #hich completely e?tinguishes the penalty and all its effects.
8n the case of People vs. Casido, the difference et#een pardon and amnesty is gi!en:
)Pardon is granted y the Chief /?ecuti!e and as such it is a pri!ate act #hich must e pleaded and
pro!ed y the person pardoned, ecause the courts take no notice thereof> #hile amnesty y Proclamation
of the Chief /?ecuti!e #ith the concurrence of Congress, is a pulic act of #hich the courts should take
judicial notice. Pardon is granted to one after con!iction> #hile amnesty is granted to classes of persons
or communities who may be guilty of political offenses, generally before or after the institution of the
criminal prosecution and sometimes after conviction. Pardon looks for#ard and relie!es the offender
from the conseAuences of an offense of #hich he has een con!icted, that is, it aolishes or forgi!es the
punishment, and for that reason it does ;not #ork the restoration of the rights to hold pulic office, or the
right of suffrage, unless such rights e e?pressly restored y the terms of the pardon,; and it ;in no case
e?empts the culprit from the payment of the ci!il indemnity imposed upon him y the sentence; <$rticle
5&, -e!ised Penal Code=. "hile amnesty looks ack#ard and aolishes and puts into oli!ion the offense
itself, it so o!erlooks and oliterates the offense #ith #hich he is charged that the person released y
amnesty stands efore the la# precisely as though he had committed no offense.)
This Court takes judicial notice of the grant of amnesty upon accused-appellant Jose N. Patriarca, Jr. Once
granted, it is inding and effecti!e. 8t ser!es to put an end to the appeal.