FURTHER AMENDING PRESIDENTIAL DECREE NO. 1886, AS AMENDED.

• Number: Presidential Decree No. 1903
• Sections: 9

Preamble

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. 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."

Section 2

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."

Section 3

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.”

Section 4

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.”

Section 5

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.

Section 6

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.''

Section 7

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.

Section 8

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.