PRESIDENTIAL DECREE NO. 1903, February 08, 1984
FURTHER AMENDING PRESIDENTIAL DECREE NO. 1886, AS AMENDED.
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;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution do hereby
decree:
SECTION 1. Section 1 of Presidential Decree No. 1886, as
amended, is hereby further amended to read as follows;
“SECTION 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.”
SEC. 2. Section 3 of Presidential Decree No. 1886 is hereby
amended to read as follows:
“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 si before
the Board.“The Board, or and member thereof, or its duly authorized representative may
administer oaths and affirmations, examine witnesses, and receive evidence.“The Board may appoint sheriffs and deputize 3EV law enforcement agency as
may be necessary to ensure compliance with its orders and
processes.”
SEC. 3. Section 9 of Presidential Decree No. 1886 is hereby
amended to read as follows:
“SEC. 9. The Borad shall appoint the General Counsel, a
public coordinator, and such Deputy 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.”
SEC. 4. Section 10 of Presidential Decree No. 1886 is hereby
amended to read as follows:
“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 Boards shall have the right to
counsel at any stage of the proceedings.“ The Board may not allow local and /or foreign observers in its
proceedings.”
SEC. 5. Section 11 of the Presidential Decree No. 1886 is
hereby amended to read as follows:
“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 nontechnical 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 liberal and technical rules.
SEC. 6. Section 13 of Presidential Decree No. 1886, as
amended, is hereby further amended to read as follows:
“SEC. 13. The sum of TEN MILLION PESOS (10,000,000.00) 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.”
SEC. 7. Section 14 of Presidential Decree No. 1886 is hereby
amended to read as follows:
“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.
SEC. 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.