QuestionsQuestions (EXECUTIVE ORDER NO. 235)
The Executive Order was issued by the President pursuant to the powers vested in him by law, and it is related to the government mandate to investigate air mishaps under Republic Act No. 776 as amended by Presidential Decree Nos. 844, 1274, 1462, and Executive Order No. 546 (s. 1979).
It creates an independent committee to conduct a fact-finding investigation of the crash of Air Philippines Flight 541.
Gen. William K. Hotchkiss (Ret.) as Chairman; Assistant Executive Secretary Gaudencio A. Mendoza as Member; Gen. Rodolfo A. Ecarma (Ret.) as Member; Mr. Constancio Navarro as Member; and Mr. Amado Soliman as Member.
To investigate the facts and circumstances of the crash; determine the cause and responsible person(s)/entity(ies); recommend appropriate measures based on findings; and recommend measures to prevent similar incidents in the future.
It has the powers and prerogatives of an investigating committee under the Administrative Code of 1987, including summoning witnesses and administering oaths, and taking evidence relevant to the investigation via subpoena ad testificandum and subpoena duces tecum.
Yes. It is empowered to call upon the assistance of any department, agency, or instrumentality of the government, including government corporations, to perform its duties and discharge its functions.
A Secretariat is created to provide technical and administrative support. It is headed by Assistant Executive Secretary for Legal Affairs Gaudencio A. Mendoza, assisted by officials and personnel detailed from the Office of the President, Department of Transportation and Communications, Department of Justice, National Bureau of Investigation, and Philippine National Police for the duration of the investigation.
The Office of the Assistant Secretary for Legal Affairs serves as the Secretariat’s base of operations.
The Department of Budget and Management is directed to allocate P1,000,000.00 from the Contingency Fund or any available fund to support the committee’s operations and activities, released through the Office of the President.
The committee must submit its report to the President within thirty (30) days after completion of its investigation.
It takes effect immediately.
All issuances, orders, rules, and regulations or parts thereof inconsistent with the Executive Order are repealed or modified accordingly.
By creating an independent fact-finding body specifically empowered to investigate the crash and determine causes and responsibilities, while allowing broad investigative authority and access to government assistance.
The preamble notes that the Air Transportation Office is mandated to conduct investigations of air mishaps under Republic Act No. 776 (as amended) and related issuances; Executive Order No. 235 nevertheless creates an independent committee to address pleas for an objective and independent fact-finding investigation of the specific crash.
Subpoena ad testificandum (to compel testimony) and subpoena duces tecum (to compel production of documents/evidence) are explicitly mentioned.
The committee is tasked to identify causative factors and pinpoint responsible persons or entities based on evidence gathered during the fact-finding process, though the EO’s text focuses on recommendations to prevent future incidents and on reporting to the President.