Question & AnswerQ&A (EXECUTIVE ORDER NO. 14)
The Presidential Commission on Good Government (PCGG), with the assistance of the Office of the Solicitor General and other government agencies, is empowered to file and prosecute all cases involving ill-gotten wealth as investigated under Executive Orders No. 1 and No. 2.
The Sandiganbayan has exclusive and original jurisdiction over all civil and criminal cases filed by the PCGG related to the recovery of ill-gotten wealth.
Yes. Civil suits for restitution, reparation of damages, indemnification, forfeiture proceedings, or other civil actions may be filed separately from and proceed independently of any criminal proceedings, and can be proved by a preponderance of evidence with relaxed application of technical rules of procedure and evidence.
No. Under Section 4 of the Executive Order, no person may refuse to testify or produce evidence on the ground it may incriminate him/her. However, the compelled individual cannot be prosecuted criminally for the transaction or matter he/she testified about, except for perjury or false testimony.
The PCGG is authorized to grant immunity from criminal prosecution to any person who testifies about the unlawful acquisition or accumulation of property by respondents, defendants, or accused when such testimony is necessary to prove violations of the law.
No. The time limitations provided under Sections 2 and 6 of Republic Act No. 1379 do not apply to cases filed by the PCGG under this Executive Order.
The provisions of Executive Order No. 14 prevail over any laws or parts thereof as regards the investigation, prosecution, and trial of cases involving acquisition and accumulation of ill-gotten wealth related to the mandate of Executive Orders No. 1 and No. 2.
The PCGG was created by Executive Order No. 1 issued on February 28, 1986, to assist the President in recovering ill-gotten wealth amassed by former President Ferdinand E. Marcos, his immediate family, relatives, subordinates, and close associates, as part of the effort to implement reforms and protect the people's interests.
The technical rules of procedure and evidence shall not be strictly applied to the civil cases filed by the PCGG to recover ill-gotten wealth, allowing for a more flexible standard of proof by a preponderance of evidence.