QuestionsQuestions (EXECUTIVE ORDER NO. 8)
Executive Order No. 8 was issued by President Corazon C. Aquino, invoking the powers vested in her by law to create the Presidential Committee on Human Rights.
It is attached to the Office of the President for general direction and supervision.
Chairman: Jose W. Diokno; Vice-Chairman: Justice Jose B.L. Reyes; Members: Zenaida Quezon Avancena, Marianni Dimaraanaa, Haydee Yorac, William Claver, and the Judge Advocate General, AFP.
Yes. Section 3 states the Committee is purely advisory and consultative, and thus members/personnel appointed, designated or contracted by it are not subject to civil service law, rules and regulations.
No. Section 3 provides that membership shall not be construed as a conflict with any other public or private position or profession held or practiced by the members.
Members may designate alternates if they cannot attend a particular meeting or meetings.
It may investigate complaints, cases known to it or its members, and cases assigned by the President involving unexplained or forced disappearances, extra-judicial killings (salvaging), massacres, torture, hamletting, food blockades, and other violations of human rights, past or present.
Violations committed by officers or agents of the national government or by persons acting in their place or stead or under their orders, express or implied.
It must report its findings to the President and make them public, while suggesting actions to compensate victims and punish culprits as the Committee deems appropriate.
To propose procedures and safeguards to ensure that under the new government, human rights are not violated by government officers/agents or persons acting under their orders.
Section 5(a): administer oaths or affirmations. Section 5(b): take testimony and other evidence relevant to investigations.
It may issue subpoenas and subpoenas duces tecum requiring a person to attend and testify (or appear for deposition) and to bring/produce books, papers, records, documents, or other things under their supervision/control, including classified government documents.
It allows the Committee 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.
It may hold a person in direct or indirect contempt and impose the appropriate penalties, following the same procedure and penalties provided for in the Rules of Court.
They must forthwith furnish assistance or accomplish reforms requested by the Committee.
It may adopt forms, hire staff, fix salaries, appropriate the budget, promulgate rules and regulations, and generally do acts necessary or convenient to carry out the Order.
Presidential immunity extends to the members and staff of the Committee when acting within their duties, functions, powers, and authority.
Subject to availability of funds, P50,000,000.00 (or such portion as may be necessary) is set aside from the National Treasury for expenditure by the Committee for honoraria, travel and other expenses of members, and salaries and other expenses of staff.
It takes effect immediately.