QuestionsQuestions (EXECUTIVE ORDER NO. 14)
To define and clarify the jurisdiction and authority of the Presidential Commission on Good Government (PCGG) in investigating, filing, and prosecuting cases involving the ill-gotten wealth of former President Ferdinand E. Marcos, Imelda R. Marcos, their immediate family, relatives, subordinates, close associates, dummies, agents, and nominees.
The PCGG, with the assistance of the Office of the Solicitor General and other government agencies.
They must be filed with the Sandiganbayan, which has exclusive and original jurisdiction over such cases (civil or criminal).
Yes. Section 1 and Section 2 authorize the PCGG to file and prosecute all cases investigated by it, whether civil or criminal.
Civil suits for restitution, reparation of damages, indemnification, forfeiture proceedings under RA 1379, or other civil actions may be filed separately from and proceed independently of any criminal proceedings.
Preponderance of evidence.
They shall not be strictly applied to the civil cases filed hereunder.
No person shall be excused from attending/testifying or producing records on the ground that it may tend to incriminate them; however, the person cannot be prosecuted criminally for or on account of any transaction or matter concerning which they were compelled to testify after claiming the privilege against self-incrimination.
The individual is not exempt from prosecution and conviction for perjury or false testimony committed in the compelled testimony, and from such administrative proceedings as may be proper and necessary.
Yes. The PCGG may grant immunity from criminal prosecution to any person who testifies to the unlawful manner by which a respondent/defendant/accused acquired or accumulated the property in question, when such testimony is necessary to prove violations of existing laws.
The time limitations in Sections 2 and 6 of RA 1379 regarding filing of cases and rendition of judgments do not apply to cases filed under EO No. 14.
Section 7 provides that EO No. 14 prevails over any and all laws or parts thereof regarding investigation, prosecution, and trial of cases involving the acquisition and accumulation of ill-gotten wealth under EO Nos. 1 and 2.
It references Article II, Section 1(D) of Proclamation No. 3 (March 25, 1986), which states that the President shall give priority to measures to achieve the mandate of the people to recover ill-gotten properties amassed by leaders and supporters of the previous regime, including orders of sequestration or freezing of assets or accounts.
Civil suits for restitution, reparation of damages, or indemnification for consequential damages; forfeiture proceedings under RA 1379; or any other civil actions under the Civil Code or other existing laws.
EO No. 14 explicitly relaxes the strict application of technical rules of procedure and evidence only for the civil cases filed hereunder; it does not expressly do the same for criminal cases.
Former President Ferdinand E. Marcos and Imelda R. Marcos, their immediate family, close relatives, subordinates, close and/or business associates, dummies, agents, and nominees.
It took effect immediately, as stated in Section 8.
It signals that, notwithstanding RA 1379’s prescribed periods for filing cases and judgments, EO No. 14 cases are exempt from those specific time limitations.