Question & AnswerQ&A (EXECUTIVE ORDER NO. 43)
The primary purpose is to create the Presidential Anti-Corruption Commission (PACC) under the Office of the President, to assist the President in investigating and hearing administrative cases involving graft and corruption primarily against all presidential appointees and to perform other duties as directed by the President.
The Commission is composed of a Chairman and four Commissioners appointed by the President. The majority must be members of the Philippine Bar and must have practiced law in the Philippines for at least five (5) years. The Chairman has the rank of Presidential Assistant II, and the Commissioners have the rank of Presidential Assistant I.
The Commission has jurisdiction to hear, investigate, and evaluate evidence in administrative cases against presidential appointees in the Executive Branch and its agencies occupying positions of Assistant Regional Director or Salary Grade 28 and higher, including government-owned or -controlled corporations, for violations of specific laws like RA 3019, RA 1379, RA 6713, certain provisions of the Revised Penal Code, and other related laws.
Yes, upon the President's instructions or motu proprio, the Commission can conduct lifestyle checks and fact-finding inquiries on presidential appointees, including those outside the Executive Branch, for violations that may constitute serious misconduct or defrayal of public trust.
The Commission has the power to administer oaths and issue subpoenas ad testificandum and duces tecum to summon government personnel and documents in aid of their investigations.
Preventive suspension can be recommended to the President and may last up to ninety (90) days when the charges are punishable by removal from service or when a respondent's continued stay would prejudice the case. Extensions may be granted if delay is due to the respondent's fault or negligence, with the delay period not counted in the suspension period.
The Commission and its personnel must not disclose any record or information that would deprive respondents of their right to a fair investigation. Any disclosures must be balanced, fair, and accurate, maintaining confidentiality where necessary.
The investigative, recommendatory, and incidental functions of the PAGC, which were previously transferred to the Office of the Deputy Executive Secretary for Legal Affairs (ODESLA), are now transferred to the PACC. However, ODESLA retains functions related to policy formulation, anti-corruption initiatives, compliance monitoring, and coordination with inter-agency anti-graft bodies.
After completing its investigation or hearing, the Commission submits a report and recommendations directly to the President for approval and final disposition. The report must include factual findings, legal conclusions, and recommended administrative penalties or referrals.