QuestionsQuestions (EXECUTIVE ORDER NO. 268)
EO 268 (July 18, 2000) creates the National Anti-Corruption Commission (NACC) to implement and coordinate national policy to prevent, control, and ultimately eliminate graft and corrupt practices involving both public officers and private persons, in line with the constitutional policy that public office is a public trust.
EO 268 abolishes the Presidential Commission Against Graft and Corruption (PCAGC) created under EO 151 (1994, as amended). The NACC is tasked to absorb the PCAGC’s functions, exercising its jurisdiction and powers.
The NACC is headed by a full-time Chairman assisted by four (4) full-time Commissioners—total of five (5). They are appointed by the President from nominees known for moral uprightness, probity, independence, competence, and expertise, drawn from both public and private sectors.
The Chairman has the rank, emoluments, and privileges of a Cabinet Secretary (or equivalent). The Commissioners have the rank, emoluments, and privileges of an Undersecretary (or equivalent).
EO 268 provides that no member of the Commission shall appoint representatives to act on his or her behalf.
It is initially assisted by an interim secretariat placed at its disposal by the Development Academy of the Philippines (DAPa). The interim secretariat serves until a regular organic secretariat is organized by the NACC.
The Executive Director is appointed by the Chairman. The Executive Director executes and administers Commission policies and decisions, attends Commission deliberations, monitors program implementation, and manages day-to-day operations.
They are entitled to separation and retirement benefits under RA 8291 (GSIS Act of 1997) and other existing retirement rules and laws.
Examples include: (1) formulate and implement national anti-corruption framework and action agendas; (2) implement and coordinate anti-corruption policies and prevent conflicts of interest; (3) undertake policy analysis and shepherd legislation for submission to the President; (4) monitor government agencies’ performance and maintain a centralized database; (5) pre-screen and clear appointees for confirmation upon request of the President; (6) conduct information/education drives; (7) investigate or hear charges motu proprio or by complaint; (8) endorse matters to the Office of the Ombudsman or DOJ for prosecution.
It is granted powers of an investigating body under Section 37, Chapter 9, Book I of the Administrative Code of 1987, including summoning witnesses, administering oaths, taking testimony/evidence relevant to investigation, and issuing compulsory processes to produce documents and records.
If the person, without lawful excuse, fails to appear or refuses to take oaths, give testimony, or produce documents when lawfully required, they are subject to discipline as in contempt of court—upon application of the Commission before the proper court, as provided by law.
In coordination with COMELEC, the NACC may verify the observance of electoral expenditure ceilings and the accuracy of election campaign accounts, assist in investigating palpable and massive electoral fraud, monitor canvassers’ actions, and examine execution of public contracts as to both tendering and results.
Under Section 5(e), if properly grounded, the NACC may request copies of statement of asset and liabilities and income tax returns; require a public officer to reveal the source of property/wealth/assets/interests (including spouse, departments, and relatives) as allowed by law; require submission of the register of gifts declarations; and, upon reasonable suspicion, seek to establish reliability of declarations in cooperation with relevant bodies.
EO 268 lists jurisdiction over possible violations of: RA 3019 (Anti-Graft and Corrupt Practices Act); RA 1379 (unlawful acquisition of property); RA 6713 (Code of Conduct); specified provisions of the Administrative Code of 1987 (EO 292); Title Seven of the Revised Penal Code crimes committed by public officers; EO 226 (1995); and other relevant laws, executive orders, rules, or regulations.
If the NACC finds a matter to constitute graft and corrupt practices, it must endorse the matter to the Office of the Ombudsman or the Department of Justice for prosecution.
All offices, committees, commissions, bureaus, departments, and GOCCs in the Executive Department must immediately refer to the NACC any complaint, charge, report, or information of corruption against presidential appointees and non-presidential appointees mentioned under Section 4, including certified copies of relevant records.
The NACC may create organizational units subject to law, staff them through appointments by the Executive Director upon Chairman approval, and engage resource persons and Commission Counsel/Deputy Counsel(s) and others as needed. It is exempted from Administrative Order No. 100 (s. 1999) and may hire personnel on various employment statuses at its discretion.