Title
Creation of Presidential Committee on Human Rights
Law
Executive Order No. 8
Decision Date
Mar 18, 1986
President Corazon C. Aquino creates the Presidential Committee on Human Rights to investigate and address violations, propose safeguards, and protect human rights in the Philippines, with a budget of Fifty Million Pesos allocated for its operations.

Composition of the Committee

  • The Committee is composed of the following members:
    • Mr. Jose W. DioknoChairman.
    • Mr. Justice Jose B.L. ReyesVice-Chairman.
    • Mrs. Zenaida Quezon AvancenaMember.
    • Sr. Marianni DimaraanaaMember.
    • Miss Haydee YoracMember.
    • Mr. William ClaverMember.
    • The Judge Advocate General, AFPMember.
  • The Committee may be served by alternates designated by members who cannot attend particular meeting(s).

Nature, advisory role, and civil service

  • The Committee’s primary task is to assist the President in discharging her duty to respect and foster human rights.
  • The Committee is purely advisory and consultative.
  • Members and all persons or personnel appointed, designated, or contracted by the Committee are not subject to civil service law, rules, and regulations.
  • Membership in the Committee is not construed as in conflict with any other public or private position or profession held or practiced by the members.
  • Members may designate alternates when they cannot attend Committee meetings.

Functions for human rights protection

  • The Committee investigates complaints it receives, cases known to it or its members, and cases assigned by the President.
  • The Committee’s investigations cover unexplained or forced disappearances, extra-judicial killings (salvaging), massacres, torture, hamletting, food blockades, and other violations of human rights.
  • The covered violations include those that are past or present, and are committed by:
    • officers or agents of the national government; or
    • persons acting in their place or stead or under their orders, express or implied.
  • The Committee reports its findings to the President and makes them public, and it suggests actions to:
    • compensate victims; and
    • punish culprits as it deems appropriate.
  • The Committee proposes procedures and safeguards to ensure that human rights are not violated under the new government by government officers or agents or persons acting under their orders, express or implied.
  • The Committee performs such other functions as may be necessary for protection of human rights and the advancement of social justice in the country.

Powers for investigations and enforcement

  • The Committee may administer oaths or affirmations by itself, by a member, or by duly authorized representatives.
  • The Committee may take testimony and other evidence it deems relevant to investigations it conducts or conducts under its authority.
  • The Committee may issue subpoenas and subpoenas duces tecum to direct any person to:
    • attend and testify at a hearing conducted by, or under authority of, the Committee or at Committee meetings; or
    • attend for the taking of the person’s deposition;
    • and to bring or produce books, papers, records, documents, or other things under the person’s supervision or control, including documents, books, or other things classified by government (past or present).
  • The Committee may grant immunity from prosecution to any person whose:
    • testimony, or
    • possession of documents or other evidence,
      is necessary or convenient to determine the truth in any investigation conducted by it.
  • The Committee may hold any person in contempt (directly or indirectly) and impose the appropriate penalties following the same procedure and penalties provided for in the Rules of Court.
  • The Committee may call upon any ministry, bureau, office, or agency of the new government for assistance or reform, and that government unit must forthwith furnish or accomplish the requested assistance or reform.
  • The Committee may:
    • adopt forms;
    • hire staff;
    • fix their salaries;
    • appropriate the budget;
    • promulgate rules and regulations; and
    • do all acts and things necessary or convenient to carry out the order.

Immunity and funding

  • Presidential immunity extends to members and staff of the Committee when acting within their duties, functions, powers, and authority.
  • Funding is set aside subject to availability of funds:
    • PHP 50,000,000.00 (or so much thereof as may be necessary) is made available for the Committee’s expenditure.
  • The Committee’s funding supports:
    • honoraria for members;
    • traveling and other expenses of members;
    • salaries and other expenses of staff;
    • with disbursement in accordance with a budget appropriated by the Committee and approved by the President of the Philippines.

Effectivity and issuance particulars

  • Executive Order No. 8 was issued on March 18, 1986.
  • The order was done in the City of Manila on March 18, 1986.
  • The President who issued the order is Corazon C. Aquino.
  • The Executive Secretary is Joker P. Arroyo.
  • The order takes effect immediately.

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