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This page features the full text of
Republic Act No. 6832
AN
ACT CREATING A COMMISSION TO CONDUCT A THOROUGH FACT-FINDING
INVESTIGATION
OF THE FAILED COUP D'ÉTAT OF DECEMBER 1989, RECOMMEND MEASURES
TO
PREVENT THE OCCURRENCE OF SIMILAR ATTEMPTS AT A VIOLENT SEIZURE OF
POWER,
AND FOR OTHER PURPOSES.
REPUBLIC
ACT NO. 6832
AN
ACT CREATING A COMMISSION TO CONDUCT A THOROUGH FACT-FINDING
INVESTIGATION
OF THE FAILED COUP D'ÉTAT OF DECEMBER 1989, RECOMMEND MEASURES
TO
PREVENT THE OCCURRENCE OF SIMILAR ATTEMPTS AT A VIOLENT SEIZURE OF
POWER,
AND FOR OTHER PURPOSES.
Section
1. Creation, Objectives and Powers.
— There is hereby created an independent Commission which shall
investigate
all the facts and circumstances of the failed coup d'état of
December
1989, and recommend measures to prevent similar attempts at a violent
seizure
of power.
chanrobles virtuallaw libraryred
To
attain these objectives, the Commission shall:chanroblesvirtualawlibrary
(a) Conduct
a thorough fact-finding investigation of the said coup d'état
and
the involvement therein of military personnel and civilian
personalities
including public officials and employees, evaluate all the facts and
circumstances
of the same, and submit its findings and recommendation to the
President,
the Congress, and other appropriate authorities not later that one (1)
year from the effectivity of this Act;
chan robles virtual law library(b) Receive,
review and evaluate the evidence adduced and to this end, summon
witnesses,
administer oaths, take testimony or receive evidence relevant to the
investigation,
and to issue subpoena ad testificandum or subpoena duces tecum to
produce
documents, books, records and other papers;chanrobles virtuallaw libraryred(c) Turn
over to the appropriate prosecutorial authorities all evidence
involving
any person when in the course of its investigation, the Commission
finds
that there is reasonable ground to believe that he appears to be liable
for any criminal offense in connection with said coup d'état.(d) Ask
the Monetary Board to disclose information on and/or to grant authority
to examine any bank deposits, trust or investment funds, or banking
transactions
in the name of and/or utilized by a person, natural or juridical, under
investigation by the Commission, in any bank or banking institution in
the Philippines, when the Commission has reasonable ground to believe
that
actions have been used in support or furtherance of the objectives of
said
coup d'état; and
(e) Exercise
such other acts incident to or are appropriate and necessary in
connection
with the objectives of this Act.
Sec.
2. Bar Against Court Injunction;
Exception, Supreme Court. — No court, except the Supreme Court, shall
issue
any restraining order or preliminary injunction on any matter involving
the official acts of the Commission pursuant to this Act and of the
Monetary
Board under paragraph (d) of Section 1 hereof.chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
Sec.
3. Composition, Qualification
and Salary. — The Commission shall be composed of a Chairman and four
(4)
members who shall be appointed by the President. The Chairman and
members
shall be citizens of the Philippines, at least thirty-five (35) years
of
age, and have an established reputation for integrity, honesty, probity
and professional competence. They shall receive the same salary as the
Chairman and members, respectively, of the Constitutional Commission.
Sec.
4. Tenure and Turn Over of Records.
— The Commission is hereby given one (1) year from the effectivity of
this
Act to attain the objectives set forth herein. Two (2) months after the
lapse of said period, the Commission shall be functus officio, and
shall
turn over all its records, assets and properties to the Department of
Justice.
Sec.
5. Orderly Conduct of Proceedings.
— The Commission shall adopt rules and procedures for orderly conduct
of
its investigation, proceeding and hearing, including the presentation
of
evidence. The rules of evidence under the Revised Rules of Court shall
have suppletory application.
Sec.
6. Conduct of Hearings. — Proceedings
and hearings of the Commission, sitting en banc, shall be open to the
public.
The Commission may, motu proprio or upon request of the person
testifying,
hold an executive or closed-door hearing where matters of national
security
or public safety are involved or the personal safety of the witness
warrants
the holding of such executive or closed-door hearing. The Commission
shall
prescribe the rules to govern such executive or closed-door hearings.chanrobles virtuallaw libraryred
Any
person called to testify before the Commission shall have the right to
counsel at any stage of the proceedings.
Sec.
7. Right Against Self-Incrimination;
Protection of Witness. — No person shall be excused from attending and
testifying or from producing documents, books, records, correspondence,
or other evidence in obedience to a subpoena issued by the Commission
on
the ground that his testimony or other evidence required of him may
tend
to incriminate him or subject him to penalty or forfeiture. After
having
invoked his right against self-incrimination, his testimony or any
evidence
produced by him shall not be used against him in any proceedings,
except
for perjury committed in so testifying.
The
Commission shall protect any person called to testify by providing the
necessary and reasonable security arrangements with the assistance and
cooperation of the Armed Forces of the Philippines and other
appropriate
government agencies.
Sec.
8. Immunity from Criminal Prosecution.
— The Commission is authorized to grant immunity from criminal
prosecution
to any person who provides information or testifies in any
investigation
conducted by it where, upon its evaluation, such information or
testimony
is necessary and vital to the investigation. The immunity thereby
granted
shall continue to protect the witness who repeats such testimony before
the appropriate court when required to do so by the latter. Should he
refuse
to repeat such testimony, the immunity granted him shall cease.
Sec.
9. Direct or Indirect Contempt.
— The Commission may hold any person in direct or indirect contempt,
and
impose appropriate penalties therefor.
A
person guilty of misbehavior in the presence of or so near the
Commission
as to obstruct or interrupt the proceedings before the same, including
disrespect towards its officials, offensive personalities towards
other,
or refusal to be sworn or to answer as a witness or to subscribe to an
affidavit or deposition when lawfully required to do so, may be
summarily
adjudged in direct contempt by the Commission and punished with a fine
not exceeding Five thousand pesos (P5,000.00) or imprisonment not
exceeding
thirty (30) days or both. The judgment of the Commission on direct
contempt
shall be final and not appealable.chanrobles virtuallaw libraryred
Indirect
contempt shall be dealt by the Commission in the manner prescribed
under
Rule 71 of the Revised Rules of Court.
Sec.
10. Personnel of the Commission.
— The Chairman shall have the power to engage the services of such
persons
or personnel including a Commission Counsel, Deputy Commission
Counsel(s)
or such other officials as may be required for the effective
performance
of its functions and responsibilities, to fix their duties and
compensation,
to organize the structure and staffing pattern of the Commission; and
to
authorize the payment of honoraria and/or allowance for deputized
officers
and officials subject to the pertinent accounting and auditing rules
and
procedures. The persons, appointed, designated, deputized or contracted
by the Commission shall be subject to the Civil Service Law, rules and
regulations.
Sec.
11. Promulgation of Rules and
Regulations; Publication of Rules and Reports. — The Commission shall
have
the power to promulgate its rules and regulations, enter into
contracts,
and perform any and all other acts necessary or incidental to the
attainment
of the objectives of this Act.
Commission
rules and regulations shall be published in at least two (2) national
newspapers
of general circulation and shall take effect two (2) days after its
publication.
The final report to the President and to Congress shall be published.chanrobles virtuallaw libraryred
Sec.
12. Role of Other Government
Agencies. — The Commission may call upon any government investigative
and
prosecutorial agency, including the National Bureau of Investigation
and
the Philippine Constabulary/Integrated National Police, to make
available
their offices, personnel and facilities to attain the objectives of
this
Act.
Sec.
13. Appropriations. — The sum
of Ten million pesos (P10,000,000.00) is hereby provided to the
Commission,
chargeable against the Contingent Fund. The said amount shall
automatically
be released to the Commission for disbursement by it in accordance with
the auditing rules and regulations.
Sec.
14. Transfer of Records and Facilities
to the Commission. — The records, facilities, equipment, property,
rights
and such other things incidental to the creation of the Presidential
Commission
under Administrative Order No. 146, Series of 1989, are hereby
transferred
to the Commission created by this Act: Provided, That employees of the
Presidential Commission, particularly the rank and file, shall be
absorbed
by the Commission to the extent that it is administratively feasible.chanrobles virtuallaw libraryred
Sec.
15. Applicable Law in Case of
Conflict. — The provisions of this Act shall prevail over other laws,
acts,
executive orders, administrative orders, issuances, rules and
regulations
or parts thereof, of the Revised Rules of Court as regards the subject
matter of this Act.
Sec.
16. Separability Clause. — If
any provision of this Act is declared unconstitutional, the same shall
not affect the validity and effectivity of the other provisions hereof.
Sec.
17. Effectivity. — This Act shall
take effect two (2) days following its publication in at least two (2)
national newspapers of general circulation.chanrobles virtuallaw libraryred
Approved:
January 5, 1990
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