Question & AnswerQ&A (OP EXECUTIVE ORDER NO. 12)
The Presidential Anti-Graft Commission (the Commission) is a body created under the Office of the President tasked with investigating and hearing administrative cases against personnel in the Executive Department involving graft and corruption.
The Commission is composed of a Chairman and two Commissioners appointed by the President, with a majority of members required to be members of the Philippine Bar.
The Chairman has the rank, emoluments, and privileges of a Presidential Assistant II, while the Commissioners have the rank, emoluments, and privileges of Presidential Assistant I.
The Secretariat provides technical and administrative support to the Commission and is headed by an Executive Director who executes the policies and decisions of the Commission.
The Commission investigates violations of RA 3019 (Anti-Graft and Corrupt Practices Act), RA 1379 (unlawful acquisition of property), RA 6713 (Code of Conduct and Ethical Standards), PD 46 (prohibition on gifts to public officials), provisions of the Revised Penal Code, and implementing rules of these laws.
The Commission has jurisdiction over all presidential appointees in the government occupying positions of Assistant Regional Director or higher (Salary Grade 26 and above), including directors or officers of GOCCs and other agencies appointed by the President, except members of the AFP and PNP.
Anonymous complaints shall not be given due course unless there is probable cause on the face of the complaint or supporting documents to believe the allegations may be true.
The Commission can administer oaths, issue subpoenas, call upon other government offices for assistance, and recommend preventive suspension during investigations.
The resignation or retirement of the respondent does not divest the Commission of jurisdiction to continue investigation and to recommend penalties such as accessory sanctions.
The Commission sitting en banc submits a report and recommendations, including factual findings, legal conclusions, and proposed penalties, to the President for appropriate action.