EXECUTIVE ORDER NO. 8
EXECUTIVE ORDER NO. 8 - CREATING
THE PRESIDENTIAL COMMITTEE ON HUMAN RIGHTS
WHEREAS, the new government is
committed to uphold and respect the people’s civil liberties and human
rights;
WHEREAS, the United Nations General Assembly Resolution of December 14,
1984 encourages all member states to take steps for the establishment
or, where they already exist, the strengthening of national
institutions for the protection and promotion of human rights.
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by law, do hereby order: that
Section 1. The Presidential Committee on Human
Rights. — There is hereby created a Presidential Committee on Human
Rights to be attached to the President for general direction and
supervision.
Sec. 2. Composition. — The Committee shall be
composed of the following:
a.
Mr. Jose W.
Diokno
Chairman
b. Mr. Justice
Jose B. L. Reyes
Vice-Chairman
c. Mrs.
Zenaida Quezon Avanceña Member
d. Sr.
Marianni Dimaraanan Member
e. Miss Haydee
Yorac
Member
f. Mr. William
Claver
Member
g. The Judge
Advocate General, AFP Member
Sec. 3. Nature of Committee. — The primary task of
the Committee is to assist the President in the discharge of her duty
to respect and foster human rights. It is purely advisory and
consultative so that the Committee and all persons or personnel
appointed, designated or contracted by it shall not be subject to civil
service law, rules and regulations. Moreover, membership in the
Committee shall not be construed as in conflict with any other public
or private position or profession that the members may hold or
practice. Members may designate alternates if they cannot attend a
particular meeting or meetings of the Committee.
Sec. 4. Functions of the Committee. — The
Committee shall have the following functions:
a.
Investigate complaints it may receive, cases known to it or to its
members, and such cases as the President may, from time to time, assign
to it, of unexplained or forced disappearances, extra-judicial killings
(salvaging), massacres, torture, hamletting, food blockages and other
violations of human rights, past or present, committed by officers or
agents of the national government or persons acting in their place or
stead or under their orders, express or implied.
b. Report its
findings to the President and make them public, suggesting such action
or actions by the new government to compensate the victims and punish
culprits as it may deem appropriate.
c. Propose
procedures and safeguards to ensure that, under the new government,
human rights are not violated by officers or agents of the government
or by persons acting in their names and stead or under their orders,
express or implied.
d. Performs
such other functions as may be necessary for the protection of human
rights and the advancement of social justice in the country.
Sec. 5. Powers of the Committee. — The Committee
shall exercise the following powers:
a.
To administer oaths or affirmations by itself, by a member, or by duly
authorized representatives;
b. To take
such testimony and other evidence as it may deem relevant to any
investigation conducted by it or under its authority;
c. To issue
subpoenas and subpoenas duces tecum directing any person to attend and
testify at any hearing conducted by, or under authority of the
Committee, or at any meeting thereof, or for the taking of his
deposition, and to bring with him or produce any books, papers,
records, documents or other things under this supervision or control,
including documents, books or other things that have been classified by
government, past or present;
d. To grant
immunity from prosecution to any person whose testimony, or whose
possession of documents or other evidence, is necessary or convenient
to determine the truth in any investigation conducted by it or under
its authority;
e. To hold any
person in direct or indirect contempt, and to impose the appropriate
penalties, following the same procedures and penalties provided for in
the Rules of Court;
f. To call
upon any ministry, bureau, office, or agency of the new government for
assistance or reform, which shall forthwith be furnished or
accomplished by such government unit;
g. To adopt
the forms, hire the staff, fix their salaries, appropriate the budget,
promulgate such rules and regulations and, in general, to do all acts
and things as may be necessary or convenient to carry out this order.
Sec. 6. Immunity. — Presidential immunity shall
extend to the members and staff of the Committee when acting within
their duties, functions, powers and authority.
Sec. 7. Funding. — Subject to availability of
funds, the sum of FIFTY MILLION PESOS (P50,000,000.00), or so much
thereof as may be necessary, shall be set aside from the funds of the
National Treasury and made available for expenditure by the Committee
for honoraria, travelling and other expenses of its members, and
salaries and other expenses of its staff, in accordance with the budget
to be appropriated by it and approved by the President of the
Philippines.
Sec. 8. Effectivity. — This Order shall take
effect immediately.
Done in the City of Manila,
this 18th day of March, in the year of Our Lord, nineteen hundred and
eighty-six.
chanrobles virtual law library
Back to Main
chan
robles virtual law library
Since 19.07.98.