QuestionsQuestions (Republic Act No. 6832)
RA 6832 is a law creating an independent Commission tasked to conduct a thorough fact-finding investigation of the failed coup d’etat of December 1989, recommend measures to prevent similar violent attempts to seize power, and submit its findings and recommendations.
The Commission must (1) conduct a thorough fact-finding investigation and evaluate all facts and circumstances, and (2) submit findings and recommendations to the President, Congress, and appropriate authorities not later than one (1) year from the effectivity of the Act.
It may receive, review, and evaluate evidence; summon witnesses; administer oaths; take testimony or receive relevant evidence; and issue subpoenas ad testificandum or subpoenas duces tecum to produce documents, books, records, and papers.
When, in the course of its investigation, the Commission finds there is reasonable ground to believe a person is liable for any criminal offense in connection with the coup d’etat, it must turn over the evidence involving that person.
The Commission may ask the Monetary Board to disclose information on and/or grant authority to examine bank deposits, trust or investment funds, or banking transactions in the name of and/or utilized by persons under investigation, when there is reasonable ground to believe these were used to support or further the coup’s objectives.
No court except the Supreme Court may issue any restraining order or preliminary injunction involving the official acts of the Commission and the Monetary Board under Section 1(d). The exception is the Supreme Court.
It is composed of a Chairman and four (4) members, all appointed by the President, who must be Filipino citizens at least thirty-five (35) years old with established reputation for integrity, honesty, probity, and professional competence.
They receive the same salary as the Chairman and members, respectively, of the Constitutional Commissions.
The Commission has one (1) year from the effectivity of the Act to attain its objectives. Two (2) months after the lapse of that period, it becomes functus officio and must turn over its records, assets, and properties to the Department of Justice.
The Commission adopts its own rules and procedures for orderly conduct of investigation and hearings, and the Revised Rules of Court rules on evidence apply suppletorily.
Hearings sitting en banc are open to the public. The Commission may, motu proprio or upon request, hold executive/closed-door hearings for matters involving national security or public safety, or when the personal safety of the witness warrants it.
Any person called to testify has the right to counsel at any stage of the proceedings.
No person may refuse to attend/testify/produce documents on the ground that it may tend to incriminate them. If the person invokes the right against self-incrimination, the testimony or evidence produced shall not be used against him in any proceeding, except in cases of perjury committed in so testifying.
The Commission must protect any person called to testify by providing necessary and reasonable security arrangements, with assistance and cooperation of the Armed Forces of the Philippines and other appropriate government agencies.
The Commission may grant immunity to a person who provides information or testifies when the information/testimony is necessary and vital to the investigation. The immunity continues if the witness repeats such testimony before the appropriate court when required. If the witness refuses to repeat, immunity ceases.
It may hold persons in direct or indirect contempt. Direct contempt may be punished with a fine not exceeding P5,000 or imprisonment not exceeding 30 days, or both; the Commission’s judgment on direct contempt is final and not appealable. Indirect contempt is handled according to Rule 71 of the Revised Rules of Court.
It limits issuance of restraining orders or preliminary injunctions by all courts except the Supreme Court on matters involving official acts of the Commission and the Monetary Board under Section 1(d).
RA 6832 appropriates P10,000,000 from the Contingent Fund, automatically released to the Commission for disbursement following auditing rules and regulations.
Section 15 states that RA 6832’s provisions prevail over other laws, acts, executive and administrative orders, issuances, rules and regulations, parts thereof, or the Revised Rules of Court regarding the subject matter of the Act.