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Question 4
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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