Creating The Presidential Committee On Human Rights.

Case Overview and Summary

Summary of Executive Order No. 8 (March 18, 1986)

Creation of the Presidential Committee on Human Rights
- Created under Sec. 1 to uphold and respect civil liberties and human rights.
- Attached to the President for general direction and supervision.

Composition of the Committee (Sec. 2)
- Chairman: Mr. Jose W. Diokno
- Vice-Chairman: Mr. Justice Jose B. L. Reyes
- Members: Mrs. Zenaida Quezon Avance_a, Sr. Marianni Dimaraanan, Miss Haydee Yorac, Mr. William Claver, The Judge Advocate General of the Armed Forces of the Philippines.

Nature of the Committee (Sec. 3)
- Primary task is to assist the President in respecting and fostering human rights.
- Purely advisory and consultative, not subject to civil service laws.
- Membership does not conflict with other public or private positions.
- Members can designate alternates.

Functions of the Committee (Sec. 4)
- Investigate complaints of human rights violations like disappearances, killings, torture, etc. committed by government agents. (Sec. 4a)
- Report findings to the President, make them public, and suggest actions to compensate victims and punish culprits. (Sec. 4b)
- Propose procedures and safeguards to ensure human rights are not violated by the government. (Sec. 4c)
- Perform other functions necessary for human rights protection and social justice. (Sec. 4d)

Powers of the Committee (Sec. 5)
- Administer oaths, take testimony and evidence. (Sec. 5a, 5b)
- Issue subpoenas and subpoenas duces tecum. (Sec. 5c)
- Grant immunity from prosecution. (Sec. 5d)
- Hold persons in contempt and impose penalties following court rules. (Sec. 5e)
- Call upon government agencies for assistance. (Sec. 5f)
- Adopt forms, hire staff, fix salaries, appropriate budget, promulgate rules. (Sec. 5g)

Immunity (Sec. 6)
- Presidential immunity extends to members and staff acting within duties.

Funding (Sec. 7)
- FIFTY MILLION PESOS (P50,000,000.00) set aside from National Treasury, subject to availability.

Effectivity (Sec. 8)
- The Order takes effect immediately.