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PRESIDENTIAL DECREE NO. 1903
PRESIDENTIAL DECREE NO. 1903 -
FURTHER AMENDING PRESIDENTIAL DECREE NO. 1886, AS AMENDED
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WHEREAS,
there is a need to enhance the powers and functions of the Fact-Finding
Board investigating the killing of former Senator Benigno S. Aquino,
Jr., in order to ensure an independent and exhaustive investigation of
all the aspects of the Aquino killing. chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution do hereby
decree:cralaw:red
Section 1. Section 1 of Presidential Decree No. 1886,
as amended, is hereby further amended to read as follows:cralaw:red
"Sec. 1. There is hereby created an ad hoc
Fact-Finding Board which shall be independent from the three
Departments of the Government, to determine all the facts and
circumstances surrounding the killing of former Senator Benigno S.
Aquino, Jr. The Board shall be composed of a Chairman and at least four
(4) but not exceeding six (6) members.
"The Chairman and the members of the Board shall be appointed by the
President of the Philippines from among the recommendees of the various
sectors of society, such as not limited to legal or bar associations,
civic/service organizations, and the business, education, student,
labor and other sectors.
"The positions of Chairman and member of the Board shall be honorary.
The Chairman and members of the Board, while discharging their duties,
functions and responsibilities, shall be deemed 'persons in authority'
in accordance with Article 152 of the Revised Penal Code. They may
continue to undertake and engage in their respective occupations and
pursuits; PROVIDED, That it will not prejudice whatsoever the discharge
of their duties, functions and responsibilities as set forth in this
Decree, which shall at all times be paramount and accorded first
priority. The Chairman and the members of the Board shall be entitled
to transportation allowance of at least THREE THOUSAND PESOS
(P3,000.00) and TWO THOUSAND PESOS (P2,000.00) respectively."
Section 2. Section 3 of Presidential Decree No. 1886
is hereby amended to read as follows:cralaw:red
"Sec. 3. The Board shall have the power to review the
evidence already submitted and determine which to accept and which to
hear anew, to issue subpoena or subpoena duces tecum and other
compulsory processes requiring the attendance and testimony of
witnesses and the production of any evidence relative to any matter
under investigation by the Board.
"In case of contumacy or refusal to obey a subpoena issued to any
person(s) under the provisions of this Decree, the Board may deputize
any law enforcement agency or officer to arrest and compel the
attendance of said person(s) before the Board. chanroblesvirtualawlibrary
"The Board, or any member thereof, or its duly authorized
representative may administer oaths and affirmations, examine
witnesses, and receive evidence.
"The Board may appoint sheriffs and deputize any law enforcement agency
as may be necessary to ensure compliance with its orders and processes."
Section 3. Section 9 of Presidential Decree No. 1886
is hereby amended to read as follows:cralaw:red
"Sec. 9. The Board shall appoint a General Counsel, a
Public Coordinator, and such Deputy General Counsel(s) who shall be
members of the Philippine Bar to assist the Board in the discharge of
its functions.
"The General Counsel, the Public Coordinator, and the Deputy General
Counsels must have all the qualifications of a Justice of the Supreme
Court."
Section 4. Section 10 of Presidential Decree No. 1886
is hereby amended to read as follows:cralaw:red
"Sec. 10. The proceedings and hearings conducted by
the Board may be either public or held in closed-doors at the
discretion of the majority of the members of the Board, or as may be
warranted by the circumstances as where they would affect matters of
national security or public safety, or as may be requested by any
person testifying in the said proceedings. The closed door hearings
shall be held under conditions to be imposed by the Board.
"The Board may sit either en banc or in a Division of two as may be
provided in the rules and regulations to be promulgated.
"Any person called to testify before the Board shall have the right to
counsel at any stage of the proceedings.
"The Board may or may not allow local and/or foreign observers in its
proceedings.
Section 5. Section 11 of the Presidential Decree No.
1886 is hereby amended to read as follows:cralaw:red
"Sec. 11. The presentation of evidence and the
conduct of the proceedings or investigations shall at all times remain
under the direction and control of the Chairman and members of the
Board. The General Counsel and/or his Deputies shall perform such
duties and functions as may be directed by the Board.
"The rules of evidence under the Rules of Court shall be followed,
unless there are supervening incidents for which the rules of justice
and fair play demand the application of more liberal and non-technical
rules. In all cases, the reason(s) for the application of more liberal
and non-technical rules must be explained to and accepted by the Board.
The General Counsel and his Deputies shall prepare the presentation of
evidence to be submitted to the Board under more liberals and technical
rules.
Section 6. Section 13 of Presidential Decree No.
1886, as amended, is hereby further amended to read as follows:cralaw:red
"Sec. 13. The sum of TEN MILLION PESOS
(P10,000,000.00) for the operational expenses of the Board shall be
provided out of the appropriations for the Special Activities Fund for
1984 and 1985. As a further assurance of its independence, the Board
shall not be subject to the jurisdiction of the Commission on Audit.
The Board, by resolution, may disburse its funds and dispose of its
properties and assets in accordance with the accepted principles of
auditing and accounting, and shall not be subject to the rules and
regulations of the Office of the Budget and Management on allocations
and release of funds."
Section 7. Section 14 of Presidential Decree No. 1886
is hereby amended to read as follows:cralaw:red
"Sec. 14. The Commission created and constituted
under Administrative Order No. 469 is hereby abolished and all its
records shall be transferred to the Board. All the assets and
liabilities of the said Commission shall revert to and be assumed by
the National Treasury. The Board shall not be bound by the evidence so
far submitted to or by the acts performed by the said Commission.
Presidential Decree No. 1879, as amended, together with the rules and
regulations issued pursuant thereto and Administrative Order No. 469
are hereby repealed." chanroblesvirtualawlibrary
Section 8. This Decree shall take effect immediately.
Done in the City of Manila,
this 8th day of February in the year of Our Lord, Nineteen Hundred and
Eighty-Four.
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