Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1886)
The purpose of Presidential Decree No. 1886 is to create an independent ad hoc fact-finding Board with plenary powers to investigate the facts and circumstances surrounding the assassination of former Senator Benigno S. Aquino, Jr. on August 21, 1983.
The Board shall be composed of a Chairman and at least four but not more than six members, including two representatives from the Batasang Pambansa. The members (except for the two representatives) are appointed by the President from various sectors of society.
The Chairman must not be financially interested, directly or indirectly, in any government transaction or contract. Also, he must not have publicly commented, prejudged, or formed any public opinion regarding the assassination tragedy.
The Board has power to review evidence, issue subpoenas, administer oaths, examine witnesses, receive evidence, and appoint sheriffs or deputize law enforcement staff to ensure compliance with orders.
The Board can fine up to P200 or impose imprisonment up to 30 days or both for direct contempt such as misbehavior, obstruction, disrespect, or refusal to testify in its presence. Judgments on direct contempt are final and unappealable.
No. A person cannot be excused from testifying or producing evidence based on self-incrimination. However, such testimony or evidence cannot be used against him in connection to the matter except for perjury or removal from office related to that testimony.
No. The Board’s independence is assured by exempting it from the jurisdiction of the Commission on Audit and the rules and regulations of the Office of Budget and Management regarding funds allocation and release.
The findings of the Board are made public. If prosecution is warranted, the Board can initiate the filing of the proper complaint with the government. After that, the Board becomes functus officio and its assets revert to the National Treasury.
Members of the Board, including the Chairman, are disqualified from appointment to any public office within one year after the Board has become functus officio.
Yes. The Board may hold hearings either in public or in closed-door sessions at the discretion of the majority of its members or as warranted by circumstances, such as national security concerns or requests from witnesses.