Law Summary
Impact and Urgency Against Corruption
- Corruption severely damages the political, economic, and social fabric of the nation.
- It particularly harms the poor, marginalized, and underprivileged sectors.
- There is an urgent need to investigate and address reports of large-scale corruption from the previous administration.
- Objectives include truth-finding, filing appropriate cases, deterrence of corruption, and restoration of public trust.
Creation and Composition of the Philippine Truth Commission
- The Philippine Truth Commission ("the Commission") is created to investigate and find the truth about large-scale graft and corruption.
- It targets public officers of third level and higher, accomplices, and private sector participants involved during the previous administration.
- The Commission consists of a Chairman and four members acting as an independent collegial body.
Powers and Functions of the Commission
- Holds powers of an investigative body under Section 37, Chapter 9, Book I of the Administrative Code of 1987.
- Tasks include:
- Identifying and determining cases of large-scale graft and corruption.
- Collecting, reviewing, and evaluating evidence.
- Requiring document production from executive agencies, government corporations.
- Obtaining information from legislative and judicial bodies upon proper request.
- Issuing subpoenas, administering oaths, and taking testimonies.
- Recommending use of qualified state witnesses.
- Referring cases with reasonable grounds for prosecution to authorities.
- Requesting assistance from government investigative and prosecutorial agencies.
- Engaging resource persons and professionals for its mandate.
- Promulgating rules and regulations for investigation procedures.
- Exercising all other necessary incidental acts.
Organizational Structure and Staffing
- The Commission may create its organizational structure and staffing pattern.
- Personnel include administrative and technical staff, General Counsel, Deputy General Counsel, Special Counsel, and Clerk.
- Staffing pattern is subject to Department of Budget and Management approval.
Detailing of Personnel and Compensation
- The President may detail public officers/personnel from other agencies upon the Commission's recommendation.
- Detailed personnel may receive honoraria or allowances as authorized by law.
Engagement of Experts
- Commission empowered to hire consultants or advisers as experts to accomplish its mission.
Conduct of Proceedings
- Proceedings governed by rules promulgated by the Commission.
- Hearings generally open to the public.
- Executive or closed-door hearings may be held when matters of national security, public safety, or witness safety are involved.
- The Commission will provide rules governing such hearings.
Rights and Protection of Witnesses
- Witnesses have the right to counsel at any stage of proceedings.
- Commission ensures safety of witnesses and may coordinate with law enforcement agencies for protection.
Compliance and Penalties for Non-Compliance
- Failure of government officials to appear, take oaths, testify, or produce documents without lawful excuse subjects them to administrative discipline.
- Private persons may be punished according to law.
Cooperation of Government Agencies
- All government entities, including government-owned corporations, must assist the Commission.
- Unjustified refusal to cooperate constitutes grounds for disciplinary action.
Budget and Resource Allocation
- The Office of the President shall provide necessary funding for effective and efficient Commission operations.
- The Commission may use available office space in government buildings or lease private spaces.
- May use equipment and furniture from the Office of the President or request purchases if needed.
Term and Completion of Mandate
- The Commission's mission duration is set to end on or before December 31, 2012.
- A comprehensive final report shall be submitted and published upon Presidential directive.
- Special interim reports may be published during the term as directed by the President.
Post-Completion Obligations
- Upon completion, all records, equipment, furniture, and properties acquired by the Commission must be returned to the Office of the President.
Expansion of Mandate
- The President may extend the Commission's mandate by supplemental Executive Order to include graft and corruption investigations from prior administrations.
Separability and Effectivity
- If any part of the Order is declared unconstitutional, it shall not affect the remainder's validity.
- The Executive Order takes effect immediately upon signing.