Question & AnswerQ&A (EXECUTIVE ORDER NO. 125)
The primary task of the National Amnesty Commission is to receive and process applications for amnesty and determine whether the applicants are entitled to amnesty under Proclamation Nos. 1090, 109X, 1092, and 1093.
The Commission has powers to issue Certificates of Amnesty with the President's approval, administer oaths, summon witnesses, require production of documents, promulgate rules for amnesty implementation, call on government offices for assistance, constitute Local Amnesty Boards, and perform other authorized functions necessary for implementing amnesty proclamations.
The Commission is composed of seven members: a chairperson and two regular members appointed by the President, and four ex-officio members—the Secretary of Justice, Secretary of National Defense, Secretary of the Interior and Local Government, and the Presidential Adviser on Peace, Reconciliation, and Unity.
Yes, ex-officio members may designate an alternate with rank not lower than Assistant Secretary to represent their offices in the Commission. The alternate can attend meetings, constitute quorum, and vote; however, ex-officio members themselves must sign any resolution or decision regarding the qualification of amnesty applicants.
Testimonies and evidence presented by the applicant or their witnesses before the Commission shall not be used as evidence against the applicant in other proceedings where amnesty is not in issue, except in cases of perjury committed during such testimonies.
The initial operational and administrative expenses of the Commission are funded from the Office of the President's budget or other identified sources. Subsequent funding shall come from the annual budget of the Office of the Presidential Adviser on the Peace Process.
The National Amnesty Commission may constitute Local Amnesty Boards in provinces, cities, and municipalities as necessary to assist in the amnesty process.
The Commission's term expires upon the completion of its assigned tasks, as determined by the President.
This Order takes effect immediately upon the effectivity of any of the relevant amnesty proclamations (Proclamation Nos. 1090, 109X, 1092, and 1093).
Pursuant to Section 19, Article VII of the 1987 Philippine Constitution, the President may grant amnesty to rebels and insurgents, which takes effect upon the concurrence by a majority of all members of Congress. The proclamations providing amnesty also establish the creation of the Amnesty Commission.