QuestionsQuestions (EXECUTIVE ORDER NO. 14)
EO No. 14 defines the jurisdiction and prosecutorial authority for cases involving the ill-gotten wealth of former President Ferdinand E. Marcos, Imelda R. Marcos, their immediate family, relatives, subordinates, close and/or business associates, dummies, agents, and nominees. Its purpose is to empower the Presidential Commission on Good Government (PCGG) to file and prosecute cases investigated under EO No. 1 and EO No. 2 for the recovery of such wealth, consistent with national policy and due process.
The PCGG, with the assistance of the Office of the Solicitor General and other government agencies, is empowered to file and prosecute all cases investigated by it under EO No. 1 and EO No. 2 as warranted by its findings.
All such cases, whether civil or criminal, must be filed with the Sandiganbayan, which is granted exclusive and original jurisdiction.
No. EO No. 14 expressly covers both civil and criminal cases, and Section 2 states that regardless of nature, they shall be filed with the Sandiganbayan.
Yes. Civil suits for restitution, reparation of damages/indemnification, forfeiture proceedings under RA 1379, or other civil actions under the Civil Code or existing laws may be filed separately from and may proceed independently of any criminal proceedings.
Such civil cases may be proved by a preponderance of evidence.
The technical rules of procedure and evidence shall not be strictly applied to the civil cases filed under EO No. 14.
No person shall be excused from attending and testifying or from producing records on the ground that it may tend to incriminate him; however, if the individual invoked the privilege against self-incrimination and is compelled to testify/produce evidence, he shall not be prosecuted criminally for or on account of that transaction or matter, except for perjury/false testimony and any proper administrative proceedings.
The individual is not exempt from prosecution and conviction for perjury or false testimony committed in such compelled testimony, and he is not exempt from such administrative proceedings as may be proper and necessary.
The PCGG is authorized to grant immunity from criminal prosecution to any person who testifies to the unlawful manner by which any respondent/defendant/accused acquired or accumulated the property in question, in cases where such testimony is necessary to prove violations of existing laws.
Section 6 provides that the time limitations in Sections 2 and 6 of RA 1379 regarding the filing of cases and the rendition of judgments do not apply to cases filed under EO No. 14. This affects timing constraints for the relevant forfeiture/civil actions contemplated under RA 1379.
EO No. 14 prevails over any and all laws (or parts thereof) regarding the investigation, prosecution, and trial of cases for violations involving the acquisition and accumulation of ill-gotten wealth mentioned in EO Nos. 1 and 2.
The recitals reference Proclamation No. 3’s national policy to recover ill-gotten properties and protect the people’s interest through orders of sequestration/freezing. EO No. 14 emphasizes national interest, national survival, and the need for efficient and effective recovery while respecting fairness and due process.
Section 8 states that EO No. 14 takes effect immediately upon issuance.
They file both civil and criminal cases with the Sandiganbayan, as it has exclusive and original jurisdiction under Section 2, and civil suits may proceed independently as provided by Section 3.