Title
Investigation of Air Philippines Flight 541 crash
Law
Executive Order No. 235
Decision Date
Apr 27, 2000
An independent Investigation Committee is established to determine the cause of the crash of Air Philippines Flight 541, identify those responsible, and recommend measures to prevent similar incidents in the future, with the committee having the authority to summon witnesses and secure assistance from government departments and agencies.

Policy intent and governmental purpose

  • Executive Order No. 235 treats the crash of Air Philippines Flight 541 as a matter of utmost concern because it involved loss of lives and property and national interest.
  • Executive Order No. 235 recognizes that air safety is a primordial government concern requiring urgent measures to promote and ensure air safety.
  • Executive Order No. 235 addresses the plea of the families of the victims and the general public for an objective and independent fact-finding body.

Legal basis and reference statutes

  • Executive Order No. 235 grounds the investigative mandate of the Air Transportation Office on Republic Act No. 776, as amended by Presidential Decree No. 844, Presidential Decree No. 1274, Presidential Decree No. 1462, and Executive Order No. 546 (series of 1979).
  • Executive Order No. 235 establishes that the Committee’s investigative powers include those of an investigating body under the Administrative Code of 1987.

Independent Investigation Committee created

  • Section 1 establishes an Investigation Committee to conduct a fact-finding investigation of the crash of Air Philippines Flight 541.
  • The Committee is composed of:
    • 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.
    • Mr. Amado Soliman as Member.

Committee functions and investigative goals

  • Section 2 requires the Committee to investigate the facts and circumstances surrounding the crash of Air Philippines Flight 541.
  • Section 2 requires the Committee to determine the cause of the incident and identify the person(s)/entity(ies) responsible.
  • Section 2 requires the Committee to recommend appropriate measures to address the findings of the fact-finding investigation.
  • Section 2 requires the Committee to recommend measures to prevent the occurrence of similar incidents in the future.

Investigative authority and government assistance

  • Section 3 grants the Committee the powers and prerogatives of an investigating committee under the Administrative Code of 1987.
  • Section 3 empowers the Committee to summon witnesses.
  • Section 3 empowers the Committee to administer oath or take testimony or evidence relevant to the investigation.
  • Section 3 authorizes the Committee to issue process by subpoena ad testificandum and subpoena duces tecum.
  • Section 3 empowers the Committee to call upon the assistance of any department, agency, or instrumentality of the government, including government corporations.

Secretariat and operational support

  • Section 4 creates a Secretariat to provide technical and administrative support to the Committee.
  • Section 4 provides that the Secretariat is headed by Assistant Executive Secretary for Legal Affairs Gaudencio A. Mendoza.
  • Section 4 requires assistance to come from officials and personnel detailed by:
    • the Office of the President
    • the Department of Transportation and Communications
    • the Department of Justice
    • the National Bureau of Investigation
    • the Philippine National Police
  • Section 4 provides that the Office of the Assistant Secretary for Legal Affairs serves as the Secretariat’s base of operations.

Funding and budget release

  • Section 5 directs the Department of Budget and Management to allocate one million pesos (P1,000,000.00) from the Contingency Fund or any available fund.
  • Section 5 provides that the allocation supports the operations and activities of the Committee.
  • Section 5 requires that funds be released through the Office of the President.

Reporting deadline and submission

  • Section 6 requires the Committee to prepare and submit its report to the President.
  • Section 6 requires submission within thirty (30) days after completion of the Committee’s investigation.

Repealing clause

  • Section 7 repeals or modifies any issuances, orders, rules, and regulations, or parts thereof, that are inconsistent with Executive Order No. 235.

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