QuestionsQuestions (EXECUTIVE ORDER NO. 43)
EO No. 43 creates the Presidential Anti-Corruption Commission under the Office of the President to directly assist the President in investigating and/or hearing administrative cases primarily involving graft and corruption against presidential appointees, and to perform other similar duties as directed.
The Commission has a Chairman and four (4) Commissioners appointed by the President. 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, emoluments, and privileges of a Presidential Assistant II, while the Commissioners have those of a Presidential Assistant I.
The Secretariat provides technical and administrative support. It is headed by an Executive Director with the rank, emoluments, and privileges of an Assistant Secretary, appointed by the President upon the recommendation of the Chairman.
It covers presidential appointees in the Executive Branch and agencies/instrumentalities with positions Assistant Regional Director or equivalent (or Salary Grade 28 and higher), including board members of instrumentalities/regulatory agencies/chartered institutions, and directors/officers, appointees or nominees of the President in GOCCs or those representing government interests.
Violations of RA 3019 (as amended), RA 1379, RA 6713, provisions under Title Seven, Book Two of the Revised Penal Code, EO 292 (as it defines administrative sanctions), implementing rules/regulations of those laws, and other violations referred by the President.
The Commission may act on complaint or motu proprio, with concurrency with the Office of the Ombudsman, in administrative cases under its jurisdiction.
Upon instructions of the President, the Commission may investigate presidential appointees in the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) whenever the President deems it necessary or appropriate.
The Commission may, upon instructions of the President or motu proprio, conduct lifestyle checks and/or fact-finding inquiries on acts or omissions of all presidential appointees, including those outside the Executive Branch, if allegedly violative of the Constitution or contrary to law/rules/regulations or constituting serious misconduct tantamount to breach of public trust. It must submit a report with recommended courses of action to the President.
No. Resignation or retirement of the public officer under investigation does not divest the Commission of jurisdiction to continue the investigation or hearing.
The Commission may enlist aid/support of government law enforcement agencies, call upon government agencies/instrumentalities (including GOCCs) for assistance and cooperation (including documents or participation), subject to written reports to the Commission. It may also recommend admission of vital witnesses into the Witness Protection Program administered by the DOJ.
Upon filing of a complaint or charge, it may recommend to the President issuance of an order of preventive suspension when warranted (e.g., charges punishable with removal or continued stay prejudices fair determination). It continues until the case is terminated by the Commission but in no case exceeds 90 days, excluding delays due to respondent’s fault/negligence/action.
The Commission may administer oaths and issue subpoena ad testificandum and subpoena duces tecum.
Unjustified delay or refusal is a ground for administrative disciplinary action, recommended by the Commission to the President, and the case for that non-compliance is heard separately from the main administrative case.
After completing investigation/hearing or fact-finding, it submits its report and recommendations directly to the President for approval and final disposition, stating factual findings, legal conclusions, and the recommended administrative penalty or referral to the appropriate disciplinary authority.
The Commission and its personnel shall not disclose or make public any record or information connected with an investigation when such disclosure would deprive the respondent of the right to a fair and impartial investigation. Disclosures related to an administrative case/complaint/inquiry must be balanced, fair, and accurate.
Investigative, recommendatory, and other incidental functions transferred to ODESLA by EO No. 13 (s. 2010) are transferred to the Commission. ODESLA retains functions of formulating national anti-corruption plans/policies/strategies, implementing anti-corruption initiatives, and monitoring compliance, including UNCAC compliance (EO 171), Integrity Management Program (EO 176), and coordination with the inter-agency anti-graft coordinating council.