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PNoy Proclamation No. 50 shows again his predisposition to disregarding the power of the Congress

Press Release

 

        “President Benigno Aquino’s Proclamation No. 50 shows again his predisposition to disregarding the powers of the Congress, a co-equal body, by making his amnesty proclamation effective ‘immediately upon the signing thereof.’”

         This was the observation of Minority Leader Edcel C. Lagman who said that “the power of the President to grant amnesty must have the concurrence of a majority of all the Members of the Congress under Section 19 of Article VII of the Constitution.”

As presently worded, Proclamation No. 50 which grants amnesty to the perpetrators of the Oakwood mutiny, marines’ stand-off and the Manila Peninsula incident, is decreed effective immediately upon its signing by the President on October 11, 2010.

           “The effectivity clause of Proclamation No. 50 is a departure from similar amnesty proclamations issued by President Aquino’s predecessors, including his own mother, President Cory Aquino, which were effective only upon the concurrence of the Congress,” Lagman said.

Previous presidential amnesty proclamations like President Gloria Macapagal Arroyo’s Proclamation No. 1377; President Joseph Estrada’s Proclamation Nos. 21, 390 and 405; President Fidel Ramos’ Proclamation Nos. 10, 10-A, 347, 348, 377, 723 and 724; and President Corazon Aquino’s Proclamation Nos. 80 and 138 all recognized the concurrent power of the Congress by clearly indicating that the said proclamations “shall take effect upon concurrence by a majority of all the Members of the Congress.”

For Proclamation No. 50 to take full effect, it must first have the concurrence of 140 House Members which is 50% plus 1 of the 278 current Members of the House.

The Congress in its resolution of compliance has the authority to impose conditions for the effectivity and implementation of the amnesty.

“Overlooking and derogating the constitutionally mandated role of the Congress is becoming a habit of the President,” Lagman added