Executive Order 12 - Creating the Presidential Anti-Graft Commission Etc

7/30/2019 Executive Order 12 - Creating the Presidential Anti-Graft Commission Etc

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EXECUTIVE ORDER NO. 12CREATING THE PRESIDENTIAL ANTI-GRAFT COMMISSION AND

PROVIDING FOR ITS POWERS, DUTIES AND FUNCTIONS AND FOR

OTHER PURPOSES.

Whereas, Article VII, Section 17 oftheConstitution provides that the President shall havecontrol of all executive departments, bureaus, and offices;Whereas, in terms of personnel and funding, the ExecutiveDepartment is the largest of the three branches of

government;Whereas, there is a need for commission under the Officeof the President, to conduct the task of investigating andhearing administrative cases and complaints againstpersonnel in the Executive Department;Whereas, by virtue of theExecutive Order No. 268 datedJuly 18, 2000, the Presidential Commission Against Graftand Corruption was abolished and replaced withtheNational Anti-Corruption Commission;Whereas, theNational Anti-Corruption Commissionwasnever activated;Whereas, there is a need to create a new commission toassist the President in the campaign against graft andcorruption, whose jurisdiction and authority are clearlydefined;Now, therefore, I, Gloria Macapagal-Arroyo, President ofthe Philippines, by virtue of the powers vested in me bytheConstitution and the laws, do hereby order:chanroblesvirtuallawlibrarySection 1. Creation - The Presidential Anti-GraftCommission hereinafter to as the "Commission", is herebycreated under the Office of the President, pursuant toArticle VII, Section 17 of theConstitution.Sec. 2. Composition - The Commission shall be composedof a Chairman and two (2) Commissioners to be appointedby the President. All the members of the Commission shall
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serve on a full-time basis and a majority shall be membersof the Philippine Bar. The Chairman shall have the rank,emoluments and privileges of a Presidential Assistant II.The Commissioners, on the other hand, shall have the

rank, emoluments, and privileges of a PresidentialAssistant I. The Chairman shall preside over the meetingsof the Commission and shall direct and supervise theimplementation and execution of policies, standards, rulesand regulations.Sec. 3. Secretariat. - The Commission shall have aSecretariat which shall provide technical andadministrative support to the Commission and which shallbe headed by an Executive Director. The Executive

Director, under the control and supervision of thechairman, shall execute and administer the policies anddecision s of the Commission and manage the day-to-dayoperations thereof. The Executive Director shall beappointed by the President upon the recommendation ofthe Chairman. The Chairman shall have the authority toappoint, promote, and discipline the personnel of theSecretariat.The Commission, subject to pertinent laws, rules and

regulations, may create, organize and set in operationsuch organizational units necessary for the performance ofits powers, functions, and duties and for the enforcementof this Executive Order. Such units shall be staffed dulyqualified personnel appointed by the Chairman and thosedetailed to the Commission by other government entities.The Commission shall be exempt from the prohibitionagainst hiring of new personnel prescribed inAdministrative Order No. 100 dated December 1, 1999

with regard to its initial appointments provided that theorganizational structure and staffing pattern of theSecretariat shall be prepared in coordination with theDepartment of Budget and Management and submitted tothe President for approval.Sec. 4.Jurisdiction, Powers and Functions.-


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(a) The Commission, acting as a collegial body, shall, on itsown or on complaint, have the power to investigate orhear administrative cases or complaints involving thepossible violation of any of the following:chanroblesvirtuallawlibrary(1)Republic Act No. 3019 as amended, otherwise knownas the "Anti-Graft and Corrupt Practices Act;"(2)Republic Act No. 1379 on the unlawful acquisition ofproperty by a public officer or employee;(3)Republic Act No. 6713, otherwise known as the "Codeof Conduct and Ethical Standards for Public Officials andEmployees;"(4)Presidential Decree No. 46, making it punishable forpublic officials and employees to receive gifts on any

occasion, including Christmas;(5) Any provision under Title Seven, Book Two oftheRevised Penal Code; and(6) Rules and regulations duly promulgated by competentauthority to implement any of the foregoing laws orissuances.(b) The Commission , acting as a collegial body, shall havethe authority to investigate or hear administrative cases orcomplaints against all presidential appointees in the

government and any of its agencies or instrumentalities(including members of the governing board of anyinstrumentality, regulatory agency, chartered institutionand directors or officers appointed or nominated by thePresident to government-owned or controlled corporationsor corporations where the government has a minorityinterest or who otherwise represent the interests of thegovernment), occupying the positions of assistant regionaldirector, or an equivalent rank, and higher, otherwise

classified as Salary Grade "26" and higher, of theCompensation and Position Classification Act of 1989(Republic Act No. 6758). In the same manner, theCommission shall have jurisdiction to investigate a non-presidential appointee who may have acted in conspiracyor may have been involved with a presidential appointee orranking officer mentioned in this subsection. The
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Commission shall have no jurisdiction over members of theArmed Forces of the Philippines and the PhilippineNational Police.(c) Anonymous complaints against a presidential

appointee shall not be given due course unless thereappears on its face or the supporting documents attachedto the anonymous complaint a probable cause to engendera belief that the allegations may be true.(d) The Commission shall use every and all reasonablemeans to ascertain the facts in each case or complaintspeedily and objectively and without regard totechnicalities of law or procedure, in all instancesobserving the due process.(e) The investigation or hearing involving a presidentialappointee with the position of Undersecretary or highershall be conducted by the Commission sitting en bane. Theinvestigation or hearing involving a presidential appointeeoccupying a lower position may be entrusted to aCommissioner or panel of hearing officers duly designatedby the Chairman; Provided, however, that the report orrecommendations of the Commissioner or panel of hearingofficers who investigated or heard the administrative case

or complaint shall be deliberated upon a reviewed by theCommission en bane before submitting its report andrecommendations to the President.Sec. 5. Powers Incidental to Investigation. - TheCommission shall have the power to administer oaths andissue subpoena ad testificandum and duces tecum. TheCommission shall likewise have the power to call upon andsecure the assistance of any office, committee,commission, bureau, agency, department or

instrumentality in the Executive Branch, includinggovernment-owned or controlled corporations.During the pendency of its investigation or hearing, theCommission may recommend to the President thepreventive suspension of the respondent for such periodsas may be allowed by law.


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Sec. 6. Enforcement of Subpoena. - Upon failure to complywith a subpoena issued by the Commission or by itsauthority without adequate cause, the Commission enbane, on motion or motu proprio, may recommend to the

President, after formal charge and hearing, the suspensionor dismissal from the service of the non-complyinggovernment personnel.Sec. 7. Resignation/Retirement of Respondent. - Theresignation or retirement of the public officer underinvestigation shall not divest the Commission of

jurisdiction to continue the investigation or hearing andsubmit its recommendations to the President as to theimposition of accessory penalties or such other action to

be taken.Sec. 8. Submission of Report and Recommendations. -After completing its investigation or hearing, theCommission en bane shall submit its report andrecommendations to the President. The report andrecommendations shall state, among others, the factualfindings and legal conclusions, as well as the penaltyrecommend to be imposed or such other action that maybe taken.Sec. 9. Referral to Other Government Units. - Wheneverthe Commission deems it warranted and necessary, it mayrefer for appropriate action any case to the Office of theOmbudsman, or any other office, committee, commission,bureau, agency, department, instrumentality or branch ofthe government, including government-owned orcontrolled corporations.Sec. 10. Measures to Prevent and Minimize Graft andCorruption. - The Commission may conduct studies, on its

own or in cooperation with other government agencies ornon-governmental organizations, on new measures toprevent and minimize the opportunities for graft andcorruption at all levels of bureaucracy.Sec. 11. Consultants and Deputies. - The Chairman mayengage the services of qualified consultants and/or


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deputies, from the public or private sector, subject topertinent laws, rules and regulations.Sec. 12. Reports. - At least thirty (30) days before theopening of each session of Congress, the Commission shall

submit to the President:chanroblesvirtuallawlibrary(a) A list of respondents whom it has investigated,

together with its recommendations, and other data orinformation it may deem necessary to be included;(b) A list of respondents whom it is investigating, thestatus of the investigation, as well as other data orinformation it may deem necessary to be included; and(c) Such other report or recommendation which isgermane to any provision or purpose of this Executive

Order or as may be required by the President.Sec. 13. Disclosures. - The Commission shall not discloseor make public any record or information in connectionwith any investigation or hearing when such disclosurewould deprive the respondent of his right to a fair andimpartial adjudication. All disclosure of the Commissionrelating to an administrative case or complaint shall bebalanced, fair, and accurate.Sec. 14. Continued Performance of PCAGG. - Until the

members of the Commission have been duly appointed, thePresidential Commission Against Graft and Corruption(PCAGG) shall continue to perform its powers, duties andfunctions under Executive Orders Nos. 151 and 151-A,both series of 1994, with respect only to cases alreadypending before it.Sec. 15. Transfer of PCAGC Officers and Personnel. - Theofficers and personnel of the PCAGC may be transferredand appointed to such positions in the Commission for

which they are deemed qualified.Sec. 16. Transfer of PCAGC Funds, etc. - The funds,records, equipment, furnitures and other properties of thePCAGC shall be transferred to the Commission.Sec. 17. Rules and Regulations. - The Commission shallpromulgate or adopt its rules and regulations for the forthe effective implementation of this Executive Order.


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Sec. 18. Funding. - The Commission shall have a budget ofEIGHTEEN MILLION TWO HUNDRED SIXTY THREETHOUSAND PESOS (P18,263,000.00) drawn against thebudget appropriated for the National Anti-Corruption

Commission. Any additional funding requirement shall bedetermined in coordination with the Department of Budgetand Management and shall be submitted to the Office ofthe President for approval.Sec. 19. Repeal. - Executive Order Nos. 151 and 151-A,dated January 11, 1994 and January 24, 1994 respectively,which created the PCAGC, are hereby repealed.ExecutiveOrder No. 268, dated July 18, 2000, which created theNational Anti-Corruption Commission, is also hereby

repealed. All other issuances, orders, rules andregulations, or parts thereof, inconsistent with thisExecutive Order are hereby repealed or modifiedaccordingly.Sec. 20. Effectivity. - This Executive Order shall take effectimmediately upon approval.Manila, April 16, 2001.

NOTE: Executive Order No. 12 repealed Executive Order No. 268 (below)

EXECUTIVE ORDER NO. 268CREATING THE NATIONAL ANTI-CORRUPTION COMMISSION AND ABOLISHING

THE PRESIDENTIAL COMMISSION AGAINST GRAFT AND CORRUPTION CREATED

UNDER EXECUTIVE ORDER 151, S. 1994, AS AMENDED.Whereas, it has always been the avowed policy of the State, as

enshrined in the constitutional principle that a public office trust, to
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promote and maintain honesty and integrity in public service and to

repress acts of public officers and private persons alike which

constitute graft and corrupt practices or which may lead thereto;Whereas, corrupt practices at all levels of the government are

rooted in the past, have branched out and syndicated in the

executive, legislative and judicial branches of the government, andhave become more serious and complicated with the involvement of

several mass media practitioners in the process;Whereas, despite the existence of many laws against graft and

corruption, and the agencies legally and/or constitutionally

mandated to enforce these laws, corruption remains prevalent and

at times criminally aggressive thereby posing a very serious problem

to the country and threat to the moral fabric of the Philippine

society;Whereas, the present Administration seriously wants to put an

end to graft and corruption which poses a very dangerous threat tothe moral and political existence of the Philippines as a nation;

Whereas, new and effective administrative mechanism designed to

eradicate corruption and implement state of policy at the national

level for the prevention and control of corruption are therefore

imperative and needs to be urgently established;Now, therefore, I, Joseph Ejercito Estrada, President of the

Philippines, by virtue of the powers vested in me by the Constitution,

do hereby order the following: chanroblesvirtuallawlibrarySection 1. Organization. - There is hereby created a National Anti-

Corruption Commission, hereinafter referred to as the Commission,to implement and coordinate policy at the national level for the

prevention, control of and ultimately elimination of graft and corrupt

practices at all levels of government by public officers and private

persons alike. Acts or omissions constituting graft and corrupt

practices shall be as defined byRepublic Act No. 3019, as amended,

or as declared unlawful by other existing laws. The Presidential

Commission Against Graft and Corruption created and provided for

under Executive Order No. 151 dated 11 January 1994, as amended,

is hereby abolishedSec. 2. Composition of the Commission. - The Commission shall beheaded by a full-time Chairman, who shall be assisted by four (4)

full-time Commissioners. They shall be appointed by the President

from a list of nominees, known and recognized for moral

uprightness, probity and independence, proven competence and

recognized expertise in their fields related as much as possible to

the functions of the Commission as cited in this Executive Order. All

five (5) of them shall be drawn from the public and private sectors.
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The Chairman shall have the rank, emoluments, and privileges of a

Cabinet Secretary, or its equivalent. The Commissioners, on the

other hand, shall have the rank, emoluments, and privileges of an

Undersecretary or its equivalent.In no case shall any member of the Commission appoint

representatives to act on his behalf.Sec. 3. The Secretariat. - The Commission shall be initially assisted

by an interim secretariat placed as its disposal by the Development

Academy of the Philippines thereinafter DAP. DAP interim

secretariat shall serve as such until a regular organic secretariat

shall have been organized by the Commission. The secretariat,

interim and regular, shall also be composed of individuals of known

moral probity and dedication to public service.The Secretariat shall provide technical and administrative support

to the Commission and shall be headed by an Executive Director.The Executive Director shall be appointed by the Chairman. He or

she shall interalia execute and administer the policies and decisions

of the Commission, attend the Commissions deliberations, monitor

the implementation of the programs thereof, and manage the day-

to-day operations thereof.In filling the positions for the interim secretariat of the

Commission, the employees of the abolished Presidential

Commission Against Graft and Corruption (PCAGC) may be

considered provided that they are especially qualified and have

demonstrated moral probity and dedication to public service without

interruption of continued government service.PCAGC employees who will not be reconsidered shall be entitled toseparation and retirement benefits provided under RA 8291,

otherwise known as The GSIS Act of 1997, and other existing

retirement rules and laws.Sec. 4. Functions of the Commission. - The Commission shall

perform the following functions:chanroblesvirtuallawlibrary(a) Formulate and implement national anti-corruption framework

and program strategies and a corresponding action agenda of the

government in consultation with government agencies, privatesector, and civil society organizations;(b) Implement and coordinate policies aimed at preventing and

combating corruption at all levels in the government and preventing

conflicts of interest;(c) Undertake policy analysis and shepherd the passage of

appropriate legislation geared towards the prevention, control, and

elimination of corruption for submission to and consideration by the


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President, who shall certify to Congress as urgent appropriate

legislative proposals that are vital to anti-corruption program;(d) Monitor the performance of government agencies in the

implementation of the action agenda, provide policy advise thereto,

and establish a centralized database for these purposes;(e) Identify and investigate shortcomings and weaknesses in theorganization and management of public administrators and

enterprises that could facilitate the commission of acts and

misconduct covered by the existing laws against graft and

corruption and advise government departments/agencies, offices

and local government units on anti-corruption strategies and

procedures for implementation;(f) Pre-screen and clear appointees to be confirmed by the

Commission on Appointments upon request of the President.(g) Conduct sustained information and education drives aimed at

preventing corruption and public misconduct;(h)Organize specialized training of staff members of the Commission

and representatives of private sector and civil society in the

prevention, investigation, and prosecution of graft and corrupt

practices;(i) Centralize information regarding acts and misconduct

communicated to it by the policy services and public authorities and

by persons responsible for auditing the accounts or sent to it by

private individuals;(j) Investigate or hear, motu propio or on complaint filed with it in

any form or manner, charges, reports, or information involving thepossible violation of graft and corrupt practices at all levels in

government by public officers and private persons alike(k) Endorse to the Office of the Ombudsman or the Department of

Justice for prosecution, any matter that the Commission, after

investigation upon complaint by any person or at its own instance,

shall find to constitute graft and corrupt practices;(l) Forward to judicial authorities any records, documents or

information in its possession that the latter shall request in the

course of hearing and deciding acts that may constitute graft and

corrupt practices;

(m) Render a periodic report on the progress of the anti-corruption

program to the President, Congress and the general public, with the

end in view of providing all sectors a balanced and objective report

on graft and corruption;(n) Absorb the functions and exercise the jurisdiction and powers of

the Presidential Commission Against Graft and Corruption created


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and provided for under Executive Order No. 151, dated January 11,

1994, which for this purpose, is hereby abolished.Sec. 5. Powers of the Commission. -

(a) The Commission shall have the following powers: The

Commission is hereby granted the powers of an investigating body

under Section 37, Chapter 9, Book I of the Administrative Code of1987 including the power to summon witnesses, administer oaths,

take testimony or evidence relevant to its investigation, and to issue

compulsory process to produce documents, books, records and such

other matters in the performance of its functions.Any person who, without lawful excuse, rails to appear upon

summons issued under the authority of the preceding paragraph or

who, appearing before the Commission, refuses to take oaths, give

testimony or produce documents for inspection, when thereunto

lawfully required, shall be subject to discipline as in the case of

contempt of court upon application of the Commission before theproper court, in the manner provided by law.(b) The Commission may, in coordination with the Commission on

Elections (COMELEC), verify the observance of the ceiling on

electoral expenditure and the accuracy of the election campaign

accounts, assist in the investigation of palpable and massive

electoral fraud and monitor the actions of the different boards of

canvassers during elections.(c) The Commission may examine the execution of public contracts

as to both tendering and results.(d) The Commission may verify that award of public works andsupply contracts and the assignment of operations by the public

authorities are conducted in a proper and honest matter.(e)The Commission may undertake a lifestyle check on any public

officer/employee. In this regard, the Commission: chanroblesvirtuallawlibrary1. May request copies of statement of asset and liabilities and

income tax return of any person holding public office;2. May require a person holding public office to reveal the source of

his property, wealth, assets and interests, as well as those of his or

her spouse, departments and relatives, in accordance with law;3. May require submission, by the person acting as its depository ofthe register of declarations of gift received by person holding public

offices;4. In case of reasonable suspicion regarding the above, the

Commission may seek to establish the reliability of such declarations

in cooperation with relevant national bodies.


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(f) The Commission may seek the cooperation of the private sector,

civil society and other bodies (local and international) undertake

anti-graft and corruption programs.(g) The Commission shall coordinate with the Inter-agency Anti-

Graft Coordinating Body for the purpose of effectively implementing

this Executive Order.Sec. 6. Offenses covered. - For the purposes of this Executive Order,

the Commission shall have jurisdiction to investigate possible

violations of any of the following:chanroblesvirtuallawlibrary(a) Republic Act No. 3019, as amended, otherwise known as

theAnti-Graft and Corrupt Practices Act;(b) The provisions ofRepublic Act No. 1379on the lawful acquisition

of property by a public officer or employee;(c) Republic Act No. 6713, otherwise known as theCode of

Conduct and Ethical Standards for Public Officials and Employees;(d) Section 46 (b) (1) to (6), Book V, Subtitle A, Chapter 6ofExecutive Order No. 292, series of 1987, otherwise known as

theAdministrative Code of 1987;(e) Any provision under Title Seven of theRevised Penal Codeon

Crimes Committed by Public Officers;(f) Executive Order No. 226, series of 1995;(g) Any other relevant law, executive orders, rules and regulations.

Sec. 7. The Commission shall promulgate or adopt its rules of

procedure for the effective implementation of this Order.Sec. 8. Total support of other government units. - The Commission

may call upon any government investigative and prosecutorialagencies, including the National Bureau of Investigation and the

Philippine National Police, to make available their offices, personnel

and facilities to attain the objectives of this Executive Order. The

departments, bureaus, offices, agencies, or instrumentalities

including government-owned and controlled corporations are hereby

directed to extend such assistance and cooperation including detail

and/or deputization of personnel as the Commission may need in the

discharge of its functions.Sec. 9. Referral to the Commission. - All offices, committees,

commissions, bureaus, departments, and government-owned orcontrolled corporations in the Executive Department are hereby

directed to refer immediately to the Commission any complaint,

charge, report, or information of corruption against presidential

appointees and non-presidential appointees referred to under

section 4 of this Executive Order. Such referral shall include not only

the complaint, report or information but also certified copies of all

relevant and pertinent records of the case.
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Sec. 10. Organizational Units and Staffing. - The Commission may

create organizational units necessary for the performance of its

functions, subject to relevant laws, rules and regulations. Such units

shall be staffed by duly qualified personnel appointed by the

Executive Director upon approval of the Chairman.The Commission is also authorized to engage the services of

resource persons, professionals and other personnel, known for

moral uprightness, probity and independence including a

Commission Counsel, Deputy Commission Counsel(s) or such other

officials as may be required for the elective performance of its

functions and responsibilities, to fix their duties and compensation,

to organize the structure and staffing pattern of the Commission:

and to authorize the payment of honoraria and/or allowances for

deputized detailed officers and officials.The Commission shall be exempted from Administrative Order No.

100, Series of 1999. It may hire, at its discretion, new personnelwhether on a permanent, temporary, substitute, contractual, or

casual status.Sec. 11. Compensation. - The Commission shall prepare its salary

schedule in consultation with the Department of Budget and

Management.Sec. 12. Transitory Provisions. - The interim secretariat referred to

under Section 3 of this Executive Order shall establish the regular

secretariat and ensure the orderly transition to the Commission

within one (1) year upon approval of this Executive Order.All the records, facilities, equipment, property, rights, and such

other things arising from and incidental to the creation of the

Presidential Commission Against Graft and Corruption are hereby

transferred to the Commission.Sec. 13.Appropriations. - The Commission shall have an initial

budget of forty million pesos (P40,000,000.00) which shall partly be

drawn from the remaining budget of the abolished Presidential

Commission Against Graft and Corruption and from the

Organizational Adjustment Fund. Appropriations for the succeeding

years shall be incorporated in the budget proposal for the Office of

the President.

Sec. 14. Repealing Clause. - All orders, issuances, rules and

regulations or parts thereof inconsistent with this Executive Order

are hereby repealed or modified accordingly.Sec. 15. Effectivity. - This Executive Order shall take effect

immediately.Done in the City of Manila, this 18th of July, in year of Our Lord,

two thousand.


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By the President:

Ronaldo B. ZamoraExecutive Secretary

Executive Order 12 - Creating the Presidential Anti-Graft Commission Etc

Documents

Transcript of Executive Order 12 - Creating the Presidential Anti-Graft Commission Etc