Title
Creation of the 2010 Philippine Truth Commission
Law
Executive Order No. 1
Decision Date
Jul 30, 2010
President Benigno S. Aquino III establishes the Philippine Truth Commission to investigate and address large-scale graft and corruption in the government, aiming to restore public trust and ensure accountability among public officials.

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.

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