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MOP, Bk 10, v.5, pt.2, 274

[ ADMINISTRATIVE ORDER NO. 388, July 29, 1976 ]

REVOKING ADMINISTRATIVE ORDER NO. 355 DATED AUGUST 28, 1973 CREATING A COMMITTEE TO REINVESTIGATE THE CHARGES AGAINST BENIGNO S. AQUINO, JR., ET AL.



WHEREAS, Administrative Order No. 355 created a Committee composed of five (5) members, viz, a retired Justice of the Supreme Court to be designated by the Chief Justice, as Chairman, and four (4) members to be designated respectively by the accused himself, the President of the Integrated Bar of the Philippines, the Secretary of Justice, and the Secretary of National Defense to conduct a re-investigation of the six (6) charges filed by the Chief, Prosecution Staff, Judge Advocate General’s Office, Armed Forces of the Philippines with Military Commission No. 2 entitled:
  1. People of the Philippines vs. Benigno S. Aquino, Jr. Crim. Case No. MC-2-19 for illegal possession of firearms, ammunition, explosives and accessories.

  2. People of the Philippines vs. Benigno S. Aquino, Jr. and Benjamin Bie, Jr., alias Comdr Melody Crim. Case No. MC-2-20 for violation of RA 1700.

  3. People of the Philippines vs. Benigno S. Aquino, Jr. and Benjamin Sanguyo, alias Comdr Pusa Crim. Case No. MC-2-21 for violation of RA 1700.

  4. People of the Philippines vs. Benigno S. Aquino, Jr., Bernabe Buscayno, alias Comdr Dante, Peter Doe, alias Peter Ilocano, Joseph Doe, alias Puriok Crim. Case No. MC-2-22 for murder.

  5. People of the Philippines vs. Benigno S. Aquino, Jr. and Bernabe Buscayno, alias Comdr Dante Crim. Case No. MC-2-23 for violation of RA 1700.

  6. People of the Philippines vs. Benigno S. Aquino, Jr., Benjamin Sanguyo, alias Comdr Pusa and PC Lt. Victor Corpuz Crim. Case No. MC-2-24 for violation of RA 1700.
WHEREAS, Administrative Order No. 355 was issued because despite the fact that the above charges were filed after due and proper investigation by the Prosecution Staff of The Judge Advocate General’s Office, the accused Benigno S. Aquino, Jr. had repeatedly complained that he had been denied his constitutional right to due process and questioned the regularity and fairness of the application to him of the procedures which had been applied to all accused persons similarly situated;

WHEREAS, Administrative Order No. 355 was issued to reassure the accused that he continues to enjoy his constitutional rights and to remove any doubt that only after prima facie findings were made that criminal charges were filed against him, but the accused Benigno S. Aquino, Jr. refused to designate his representative to the Committee and to submit himself to its jurisdiction and instead assailed the validity of Administrative Order No. 355;

WHEREAS, in G. R. No. L-37364, “Benigno S. Aquino, Jr., petitioner, versus Military Commission No. 2, et al., respondents”, May 9, 1975, the Supreme Court subsequently upheld the validity of Administrative Order No. 355;

WHEREAS, by the aforesaid acts of the accused Benigno S. Aquino, Jr. the Committee has become functus officio;

NOW, THEREFORE, in view of the foregoing, Administrative Order No. 355 dated August 28, 1973 is hereby REVOKED.

Done in the City of Manila, this 29th day of July, in the year of Our Lord nineteen hundred and seventy six.

(Sgd.) FERDINAND E. MARCOS
President of the Philippines

By the President:

(Sgd.) JACOBO C. CLAVE
Presidential Executive Assistant
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