Question & AnswerQ&A (EXECUTIVE ORDER NO. 268)
The main purpose of Executive Order No. 268 is to create the National Anti-Corruption Commission to implement and coordinate policies at the national level for the prevention, control, and elimination of graft and corrupt practices by public officers and private persons in the Philippines.
The Presidential Commission Against Graft and Corruption (PCAGC) created under Executive Order No. 151 dated January 11, 1994, was abolished by Executive Order No. 268.
The NACC is headed by a full-time Chairman and assisted by four (4) full-time Commissioners. They are appointed by the President from a list of nominees known for moral uprightness, competence, and expertise related to the Commission's functions. The Chairman has the rank and privileges of a Cabinet Secretary, while the Commissioners have the rank and privileges of an Undersecretary.
The functions include formulating an anti-corruption framework, implementing policies to combat corruption, undertaking policy analysis, monitoring government agency performance, investigating graft charges, endorsing matters for prosecution, conducting information campaigns, and absorbing the functions of the abolished PCAGC.
The Commission has powers similar to an investigating body, including summoning witnesses, administering oaths, taking testimony, issuing subpoenas for documents, conducting lifestyle checks on public officials, verifying election expenditures, and coordinating anti-corruption programs with public and private sectors.
The Commission has jurisdiction over violations of the Anti-Graft and Corrupt Practices Act (RA 3019), unlawful acquisition of property by public officers (RA 1379), Code of Conduct and Ethical Standards for Public Officials and Employees (RA 6713), provisions of the Administrative Code of 1987, crimes committed by public officers under the Revised Penal Code, Executive Order No. 226, and other relevant laws and regulations.
The secretariat, initially an interim one from the Development Academy of the Philippines, provides technical and administrative support to the Commission. It is headed by an Executive Director appointed by the Chairman and manages day-to-day operations, executes policies, and monitors program implementation.
Employees of the abolished PCAGC may be considered for positions in the interim secretariat if they are qualified and have demonstrated moral probity and continuous government service. Those not reconsidered are entitled to separation and retirement benefits under GSIS Act of 1997 and other applicable laws.
The Commission can call upon investigative and prosecutorial agencies such as the National Bureau of Investigation and Philippine National Police for assistance. All government departments, offices, and government-owned corporations are directed to extend cooperation, including deputization of personnel, to the Commission.
All complaints, charges, reports, or information of corruption against presidential appointees and non-presidential appointees must be immediately referred to the National Anti-Corruption Commission along with certified copies of relevant records by all offices and agencies in the Executive Department.
An initial budget of Forty Million Pesos (P40,000,000.00) was allocated, partly from the remaining budget of the abolished PCAGC and the Organizational Adjustment Fund. Future appropriations are to be included in the budget for the Office of the President.
This power allows the Commission to request statements of assets and liabilities, income tax returns, and declarations of gifts from public officials to verify the source and accumulation of their wealth, thereby helping to detect unexplained wealth and possible corrupt practices.