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Question 4

2023 Bar · Political Law · 1 sub-question

4. In a fresh attempt by the President to seek a just and lasting peace with the Kapisanan ng Malayang Pilipinas (KMP), a Government Negotiating Panel (GNP) was constituted to explore options to end the internal armed conflict in the country. After months of negotiations, the GNP and KMP leadership agreed on the crucial provision in the chapter on Transitional Justice of the Agreed Framework, which states: “The Parties hereby recognize the need to arrive at genuine criminal justice. Towards this end, the GNP shall make the appropriate representation with the Senate and House of Representatives aimed at the passage of an amnesty law.” The Philippine Constitution Association questioned the provision as unconstitutional for encroaching on the clemency power of the President. On the other hand, the Office of the Solicitor General argued that the present case does not present a justiciable controversy. Who is correct? Explain your answer.

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