Creation of National Amnesty Commission EO 125

Executive Order No. 125 is issued by President Rodrigo Roa Duterte.
Executive Order No. 125 is dated February 05, 2021.
Executive Order No. 125 takes effect immediately upon the effectivity of any of the aforementioned amnesty proclamations under Section 6.
The official publication appears in OG No. 8, 2166 (February 22, 2021).

The Commission determines entitlement to amnesty under Proclamation Nos. 1090, 109X, 1092, and 1093.
Section 1 limits the Commission’s primary functions to processing applications for amnesty and deciding eligibility under those specified Proclamation numbers.
The Commission’s authority operates only in relation to the amnesty proclamations whose effectivity triggers Section 6.

The Commission may issue a Certificate of Amnesty to qualified applicants, but only with the approval of the President under Section 2(a).
The Commission may administer oaths, summon witnesses, and require the production of documents by subpoena duces tecum under Section 2(b).
Testimony and evidence presented to obtain amnesty are governed by a protection rule under Section 2(b):
- The testimonies of the applicant and the applicant’s witnesses for a grant of amnesty, and any evidence presented before the Commission not otherwise available to the prosecution, must not be used against the applicant in any other proceeding where amnesty is not in issue.
- The protection does not cover perjury committed in so testifying.
The Commission may promulgate rules and regulations for implementing the amnesty proclamations under Section 2(c).
The Commission may call on any government office, body, agency, instrumentality, council, or commission to render assistance to implement its functions efficiently and effectively under Section 2(d).
The Commission may constitute Local Amnesty Boards in such provinces, cities, and municipalities as may be necessary under Section 2(e).
The Commission may perform other functions necessary for proper implementation of the specified amnesty proclamations as authorized by the President under Section 2(f).

The Commission is composed of seven (7) members under Section 3: a chairperson plus two (2) regular members appointed or designated by the President.
The Secretary of Justice, Secretary of National Defense, Secretary of the Interior and Local Government, and the Presidential Adviser on Peace, Reconciliation, and Unity serve as ex-officio members under Section 3.
The Office of the Presidential Adviser on Peace, Reconciliation, and Unity provides the secretariat for the Commission under Section 3.
Each ex-officio member may designate an alternate with a rank not lower than an Assistant Secretary to represent the office in the Commission under Section 3.
The alternate’s attendance is sufficient to constitute a quorum and the alternate is allowed to vote under Section 3.
Section 3 requires that ex-officio members must be the signatories to any resolution or decision issued or passed by the Commission stating that the applicant for amnesty is qualified under the relevant proclamation.

The term of the Commission expires upon completion of its assigned tasks as may be determined by the President under Section 3.
The Commission’s operational lifespan is therefore tied to the completion of tasks set by the President rather than a fixed number of days or years under Section 3.

The Commission’s initial operational and administrative expenses are funded from the budget of the Office of the President or charged against sources identified by the Department of Budget and Management under Section 4.
After initial funding, Section 4 requires that implementation funding requirements be included in the annual budget of the Office of the Presidential Adviser on the Peace Process.

Section 5 repeals or modifies all other orders, issuances, rules, and regulations that are inconsistent with Executive Order No. 125.

Section 6 provides immediate effectivity upon the effectivity of any of the specified amnesty proclamations (Proclamation Nos. 1090, 109X, 1092, and 1093).