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PRESIDENTIAL DECREE NO. 1879
PRESIDENTIAL DECREE NO. 1879 -
AUTHORIZING THE COMMISSION CREATED UNDER ADMINISTRATIVE ORDER NO. 1469
TO ISSUE COMPULSORY PROCESSES, APPROPRIATING FUNDS FOR THE OPERATIONS
OF THE COMMISSION, AND FOR OTHER PURPOSES
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WHEREAS,
under Administrative Order No. 1469, a fact finding Commission was
created to investigate the circumstances surrounding the assassination
of former Senator Benigno S. Aquino, Jr.; chanroblesvirtualawlibrary
WHEREAS, in order to have a thorough, unlimited and exhaustive
investigation into all aspects of the above-mentioned tragedy, it is
imperative that the Commission be empowered to issue compulsory
processes to compel and secure the attendance of witnesses and the
production of any evidence relating to the matter under investigation
by the Commission;chanroblesvirtualawlibrary
WHEREAS, to enable it to effectively carry out is objectives, it is
necessary to appropriate funds for the Commission. chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree:cralaw:red
Section 1. The Commission shall have the power to
issue 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 Commission;chanroblesvirtualawlibrary
The Commission, or any member thereof, or its duly authorized
representative may administer oaths and affirmations, examine
witnesses, and receive evidence.
Section 2. In case of contumacy or refusal to obey a
subpoena issued to any person/s under the provisions of Section 1 of
this Decree, the Commission may deputize any law enforcement agency to
arrest and compel the attendance of said person/s before the
Commission.
The Commission may appoint sheriffs and deputize any law enforcement
agency as may be necessary to ensure compliance with its orders.
Section 3. The Commission may hold any person in
contempt directly or indirectly 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 toward said officials, offensive personalities
towards others, 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 by a fine not exceeding P200.00 of imprisonment not exceeding
thirty (30) days or both. chanroblesvirtualawlibrary
Judgment of the Commission on direct contempt shall be final and
unappealable.
Indirect contempt shall be dealt with by the Commission in the manner
prescribed under Rule 71 of the Rules of Court.
Section 4. No person shall be excused from attending
and testifying or from producing books, records, correspondence,
documents, or other evidence in obedience to a subpoena issued by the
Commission on the ground that his testimony or the evidence required of
him may tend to incriminate him or subject him to penalty or
forfeiture; but no individual shall be prosecuted or subjected to any
penalty or forfeiture (except demotion or removal from office) for or
on account of any transaction, matter, or thing concerning which he is
compelled, after having claimed his privilege against
self-incrimination, to testify or produce evidence, except that such
individual so testifying shall not be exempt from prosecution and
punishment for perjury committed in so testifying.
Section 5. The Commission shall have the power to
perform any and all acts, enter into contracts, make such rules and
regulations and issue such orders and other administrative issuances as
may be necessary in the execution and implementation of its functions.
Section 6. The Commission, thru its Chairman, shall
have the power to contract the services of such persons as are
necessary in the effective performance of its functions and
responsibilities, prescribe their duties and fix their compensation;
and to organize the structure and staffing pattern of the Commission.
The Commission may appoint a secretary who shall be a member of the
Philippine Bar and who shall be empowered to administer oaths and
affirmations and to issue summons, subpoena, and subpoena duces tecum
upon the Commission.
Section 7. The Commission may appoint a General
Counsel and deputy counsel/s who shall be members of the Philippine Bar
to assist the Commission in the execution and implementation of its
functions.
Section 8. The sum of Two Million Pesos
(P2,000,000.00) is hereby appropriated out of available funds in the
National Treasury for the operational expenses of the Commission.
Section 9. This Decree shall take effect immediately.
Done in the City of Manila,
this 27th day of August, in the year of Our Lord, nineteen hundred and
eighty-three.
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