Vera v.

People
Facts:

 Gaudencio Vera, Restituto Figueras, Lorenzo Ambas, Justo Florido, Paulino Bayran and 92 others (97 in
all) were charged with the complex crime of kidnapping with murder of Amadeo Lozanes. They invoked the
benefits of the amnesty proclamation of the president and the case was referred to the 8th guerilla amnesty
commission.

 None of the petitioners admitted having committed the crime. Vera was the only one who took the witness
stand and denied having killed Lozanes. The commission said it could not take cognizance of the case
because the benefits of amnesty could only be invoked by defendants in a criminal case who, admitting
commission of the crime, plead that the said crime was committed in pursuance of the resistance movement
and perpetrated against persons who aided the enemy during the Japanese occupation.

 When Vera appealed, the amnesty commission denied the appeal, adding that the facts of the case showed
that the victim was a member of another guerilla group and that the murder seemed to have stemmed from
a rivalry between the two groups.

 Vera brought the case to the Court of Appeals. The CA ruled that amnesty applies only to those who had
admitted the fact but said they should not be punished, for the crime done was in pursuance of resistance to
the enemy. It also said it could not take cognizance of the murder case because that came from the amnesty
commission, which had no jurisdiction over the murder case.

 Petitioners contend, citing the case of Barrioquinto et al. v, Fernandez et al., that it is not necessary for them
to admit the crime charged.
Issue:
Whether or not petitioners could avail proclamation of amnesty.

Held:
No. Citing the case of People v. Llanita (superseded the case mentioned above), which said that it was
inconsistent for an appellant to justify an act or seek forgiveness for something which he said he has not
committed.
Amnesty presupposes the commission of a crime, and when the accused maintains that he has not
committed a crime, he cannot have any use for amnesty. Where an amnesty proclamation imposes certain
conditions, as in this case, it is incumbent upon the accused to prove the existence of such conditions. The
invocation of amnesty is in the nature of a plea of confession and avoidance, which means that the pleader
admits the allegations against him but disclaims liability therefor on account of intervening facts which, if
proved, would bring the crime charged within the scope of the amnesty proclamation.