ADMINISTRATIVE ORDER NO. 78 -
CREATING A COMMISSION TO CONDUCT A FACT-FINDING INVESTIGATION OF THE
2003 REBELLION
WHEREAS, the rebellion of misguided
military officers last July 27 is deplorable and must be met with the
full force of the law, including their political component;
WHEREAS, such actions signal an underlying problem that must be
addressed.
NOW, THEREFORE, I, GLORIA MACAPAGAL ARROYO, President of the
Philippines, by virtue of the powers vested in me by law, do hereby
order:
Section 1. There is hereby created a Commission,
hereinafter referred to as the Commission, to investigate the roots of
the rebellion and the provocations that inspired it.
The
Commission shall be composed of the following:
Chairman :
Retired Supreme Court Justice Florentino P. Feliciano
Members :
Retired Supreme Court Justice Minerva Gonzaga Reyes
Joaquin G.
Bernas, S.J.
Professor
Carolina G. Hernandez
Commodore Rex
C. Robles (Ret.)
Capt. Rex
Banjo Q. Bumanlag, PA
Sec. 2. The Commission is hereby granted the power
of an investigating body under Sec. 37, Chapter 9, Book I of the
Administrative Code of 1987 including the power to summon witnesses,
administer oaths, take testimony or evidence relevant to the
investigation, and to issue compulsory processes to produce documents,
books records and such other matters, in the performance of its
function.
Any person who, without lawful excuse, fails to appear upon summons
issued under the authority of the preceding paragraph or who, appearing
before the Commission, refuses to take oath, give testimony or produce
documents for inspection, when thereunto lawfully required, shall be
subject to discipline as in the case of contempt of court upon
application of the Commission before the proper court, in the manner
provided for by law.
Sec. 3. The Commission is hereby authorized to
engage the services of resource persons, professionals and other
personnel which may be necessary to carry out its functions.
Sec. 4. The Office of the President shall
establish a Special Secretariat for the technical and staff support of
the Commission. For this purpose, the Executive Secretary is hereby
authorized to detail any personnel from any government office to assist
the Commission.
Sec. 5. The Commission is hereby authorized to
deputize the Armed Forces of the Philippines, the National Bureau of
Investigation, the Philippine National Police, and any other law
enforcement agency to assist it in the performance of its functions.
Sec. 6. The departments, bureaus, offices,
agencies or instrumentalities including government owned or controlled
corporations are hereby directed to extend such assistance and
cooperation as the Commission may need in the discharge of its
functions.
Sec. 7. The Office of the President shall provide
the necessary funds for the operations of the Commission.
Sec. 8. The Commission shall evaluate all the
facts and circumstances surrounding the rebellion, its roots, and the
provocations that inspired it, and submit its findings and
recommendations to the President of the Philippines.
Sec. 9. This Administrative Order shall take
effect immediately.
DONE in the City of Manila,
this 30th day of July, in the year of our Lord, two thousand and three.
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