- Office of Minority Leader Edcel C. Lagman
- 0916-6406737 / 0918-9120137
- Official Website: http://www.edcellagman.com.ph
- 12 October 2010
The propensity of President Benigno Aquino III of disregarding and derogating the powers of the Congress is shown again in Proclamation No. 50 entitled “Granting Amnesty to Active and Former Personnel of the Armed Forces of the Philippines and Their Supporters Who May Have Committed Acts or Omissions Punishable Under the Revised Penal Code, the Articles of War or Other Special Laws Committed in Connection With the Oakwood Mutiny, the Marines’ Stand-off and the Manila Pen Incident and Related Incidents” which is made effective “upon the signing thereof” on October 11, 2010.
Under Section 19 of Article VII of the 1987 Constitution, the power of the President to grant amnesty is subject to the “concurrence of a majority of all the Members of the Congress.”
The concurrence of the Congress requires an absolute majority of 50% plus one of the total House membership or 140 votes out of 278 current Members of the House.
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 invariably recognize the concurrent power of the Congress by providing that the proclamation “shall take effect upon concurrence by a majority of all the Members of the Congress.”
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Technical flaw noted in amnesty proclamation
By Michael Lim Ubac
Philippine Daily Inquirer
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