Republic of the Philippines
Congress of the Philippines
Metro ManilaEighth Congress
Republic Act No. 6832 January 5, 1990
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
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
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.
To attain these objectives, the Commission shall:
(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...
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Republic Acts
AN ACT CREATING A COMMISSION TO CONDUCT A THOROUGH FACT-FINDING INVESTIGATION OF THE FAILED COUP D'' ETAT OF DECEMBER 1989
Republic Act No. 6832
Summary of Republic Act No. 6832
Creation, Objectives and Powers (Section 1):
- Creates an independent Commission to investigate the failed coup d'état of December 1989.
- Objectives:
- Conduct a thorough fact-finding investigation of the coup d'état.
- Recommend measures to prevent similar attempts at a violent seizure of power.
- Powers:
- Summon witnesses, administer oaths, take testimony, and issue subpoenas. (Section 1b)
- Turn over evidence to prosecutorial authorities if reasonable ground to believe a criminal offense was committed. (Section 1c)
- Ask the Monetary Board to disclose banking information related to the coup d'état. (Section 1d)
- Exercise other necessary acts to attain the objectives. (Section 1e)
Bar Against Court Injunction (Section 2):
- No court, except the Supreme Court, can issue restraining orders or preliminary injunctions on the Commission's official acts or the Monetary Board's actions under Section 1d.
Composition, Qualification and Salary (Section 3):
- The Commission shall have a Chairman and four members appointed by the President.
- Qualifications: Filipino citizens, at least 35 years old, with established reputation for integrity, honesty, probity, and professional competence.
- Salary: Same as the Chairman and members of the Constitutional Commission.
Tenure and Turn Over of Records (Section 4):
- The Commission has one year from the effectivity of the Act to attain its objectives.
- Two months after the lapse of the one-year period, the Commission shall be functus officio and turn over all records, assets, and properties to the Department of Justice.
Orderly Conduct of Proceedings (Section 5):
- The Commission shall adopt rules and procedures for orderly conduct of investigation, proceedings, and hearings.
- The rules of evidence under the Revised Rules of Court shall have suppletory application.
Conduct of Hearings (Section 6):
- Proceedings and hearings shall be open to the public.
- The Commission may hold executive or closed-door hearings for matters of national security, public safety, or personal safety of witnesses.
- Any person called to testify shall have the right to counsel.
Right Against Self-Incrimination; Protection of Witness (Section 7):
- No person shall be excused from testifying or producing evidence on the ground of self-incrimination.
- After invoking the right against self-incrimination, the testimony or evidence shall not be used against the person, except for perjury.
- The Commission shall provide necessary and reasonable security arrangements for witnesses with the assistance of the Armed Forces of the Philippines and other government agencies.
Immunity from Criminal Prosecution (Section 8):
- The Commission is authorized to grant immunity from criminal prosecution to any person who provides necessary and vital information or testimony.
- The immunity shall continue to protect the witness when required to repeat the testimony in court.
- If the witness refuses to repeat the testimony, the immunity shall cease.
Direct or Indirect Contempt (Section 9):
- The Commission may hold any person in direct or indirect contempt and impose appropriate penalties.
- Direct contempt: Misbehavior in the presence of the Commission, punishable by a fine not exceeding ₱5,000 or imprisonment not exceeding 30 days, or both. The judgment on direct contempt is final and not appealable.
- Indirect contempt: Dealt with by the Commission in the manner prescribed under Rule 71 of the Revised Rules of Court.
Personnel of the Commission (Section 10):
- The Chairman has the power to engage services of personnel, including a Commission Counsel, Deputy Commission Counsel(s), and other officials.
- The Chairman can fix duties and compensation, organize the structure and staffing pattern, and authorize payment of honoraria and/or allowances.
- Appointed, designated, deputized or contracted personnel shall be subject to the Civil Service Law, rules and regulations.
Promulgation of Rules and Regulations; Publication of Rules and Reports (Section 11):
- The Commission has the power to promulgate rules and regulations, enter into contracts, and perform other necessary acts.
- Commission rules and regulations shall be published in at least two national newspapers of general circulation and shall take effect two days after publication.
- The final report to the President and Congress shall be published.
Role of Other Government Agencies (Section 12):
- 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.
Appropriations (Section 13):
- The sum of ₱10,000,000 is provided to the Commission, chargeable against the Contingent Fund.
- The amount shall be automatically released to the Commission for disbursement in accordance with auditing rules and regulations.
Transfer of Records and Facilities to the Commission (Section 14):
- The records, facilities, equipment, property, rights and other incidental things of the Presidential Commission under Administrative Order No. 146, Series of 1989, are transferred to the Commission.
- Employees of the Presidential Commission, particularly the rank and file, shall be absorbed by the Commission to the extent administratively feasible.
Applicable Law in Case of Conflict (Section 15):
- The provisions of this Act shall prevail over other laws, acts, executive orders, administrative orders, issuances, rules and regulations or parts thereof, and the Revised Rules of Court regarding the subject matter of this Act.
Separability Clause (Section 16):
- If any provision of this Act is declared unconstitutional, it shall not affect the validity and effectivity of the other provisions.
Effectivity (Section 17):
- This Act shall take effect two days following its publication in at least two national newspapers of general circulation.
Creation, Objectives and Powers (Section 1):
- Creates an independent Commission to investigate the failed coup d'état of December 1989.
- Objectives:
- Conduct a thorough fact-finding investigation of the coup d'état.
- Recommend measures to prevent similar attempts at a violent seizure of power.
- Powers:
- Summon witnesses, administer oaths, take testimony, and issue subpoenas. (Section 1b)
- Turn over evidence to prosecutorial authorities if reasonable ground to believe a criminal offense was committed. (Section 1c)
- Ask the Monetary Board to disclose banking information related to the coup d'état. (Section 1d)
- Exercise other necessary acts to attain the objectives. (Section 1e)
Bar Against Court Injunction (Section 2):
- No court, except the Supreme Court, can issue restraining orders or preliminary injunctions on the Commission's official acts or the Monetary Board's actions under Section 1d.
Composition, Qualification and Salary (Section 3):
- The Commission shall have a Chairman and four members appointed by the President.
- Qualifications: Filipino citizens, at least 35 years old, with established reputation for integrity, honesty, probity, and professional competence.
- Salary: Same as the Chairman and members of the Constitutional Commission.
Tenure and Turn Over of Records (Section 4):
- The Commission has one year from the effectivity of the Act to attain its objectives.
- Two months after the lapse of the one-year period, the Commission shall be functus officio and turn over all records, assets, and properties to the Department of Justice.
Orderly Conduct of Proceedings (Section 5):
- The Commission shall adopt rules and procedures for orderly conduct of investigation, proceedings, and hearings.
- The rules of evidence under the Revised Rules of Court shall have suppletory application.
Conduct of Hearings (Section 6):
- Proceedings and hearings shall be open to the public.
- The Commission may hold executive or closed-door hearings for matters of national security, public safety, or personal safety of witnesses.
- Any person called to testify shall have the right to counsel.
Right Against Self-Incrimination; Protection of Witness (Section 7):
- No person shall be excused from testifying or producing evidence on the ground of self-incrimination.
- After invoking the right against self-incrimination, the testimony or evidence shall not be used against the person, except for perjury.
- The Commission shall provide necessary and reasonable security arrangements for witnesses with the assistance of the Armed Forces of the Philippines and other government agencies.
Immunity from Criminal Prosecution (Section 8):
- The Commission is authorized to grant immunity from criminal prosecution to any person who provides necessary and vital information or testimony.
- The immunity shall continue to protect the witness when required to repeat the testimony in court.
- If the witness refuses to repeat the testimony, the immunity shall cease.
Direct or Indirect Contempt (Section 9):
- The Commission may hold any person in direct or indirect contempt and impose appropriate penalties.
- Direct contempt: Misbehavior in the presence of the Commission, punishable by a fine not exceeding ₱5,000 or imprisonment not exceeding 30 days, or both. The judgment on direct contempt is final and not appealable.
- Indirect contempt: Dealt with by the Commission in the manner prescribed under Rule 71 of the Revised Rules of Court.
Personnel of the Commission (Section 10):
- The Chairman has the power to engage services of personnel, including a Commission Counsel, Deputy Commission Counsel(s), and other officials.
- The Chairman can fix duties and compensation, organize the structure and staffing pattern, and authorize payment of honoraria and/or allowances.
- Appointed, designated, deputized or contracted personnel shall be subject to the Civil Service Law, rules and regulations.
Promulgation of Rules and Regulations; Publication of Rules and Reports (Section 11):
- The Commission has the power to promulgate rules and regulations, enter into contracts, and perform other necessary acts.
- Commission rules and regulations shall be published in at least two national newspapers of general circulation and shall take effect two days after publication.
- The final report to the President and Congress shall be published.
Role of Other Government Agencies (Section 12):
- 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.
Appropriations (Section 13):
- The sum of ₱10,000,000 is provided to the Commission, chargeable against the Contingent Fund.
- The amount shall be automatically released to the Commission for disbursement in accordance with auditing rules and regulations.
Transfer of Records and Facilities to the Commission (Section 14):
- The records, facilities, equipment, property, rights and other incidental things of the Presidential Commission under Administrative Order No. 146, Series of 1989, are transferred to the Commission.
- Employees of the Presidential Commission, particularly the rank and file, shall be absorbed by the Commission to the extent administratively feasible.
Applicable Law in Case of Conflict (Section 15):
- The provisions of this Act shall prevail over other laws, acts, executive orders, administrative orders, issuances, rules and regulations or parts thereof, and the Revised Rules of Court regarding the subject matter of this Act.
Separability Clause (Section 16):
- If any provision of this Act is declared unconstitutional, it shall not affect the validity and effectivity of the other provisions.
Effectivity (Section 17):
- This Act shall take effect two days following its publication in at least two national newspapers of general circulation.