Legal basis and policy intent
- The creation of the IACC is pursuant to Section 37, Book V of Executive Order No. 292 (s. of 1987).
- The order is aligned with the OP Integrity Development Action Plan (IDAP), approved on April 18, 2005.
- The order implements the Government’s commitment to adopt strong anti-corruption measures under the ten (10)-point Agenda in Administrative Order No. 104 (s. of 2004).
- Memorandum Order No. 182 ties the IACC’s anti-corruption work to the framework of Republic Act No. 3019 and Republic Act No. 6713, including their implementing rules and related laws.
Establishment and overall coverage
- The IACC is established in the Office of the President.
- The IACC handles administrative disciplinary complaints involving public officers and employees who are non-presidential appointees of the OP.
- The IACC establishes and reviews procedures covering the filing and compliance of Statement of Assets and Liabilities and Net Worth (SALNW) and Disclosure of Business Interests and Financial Connections (DBIFC) by OP officials and employees.
- The IACC receives, acts, and investigates alleged abuses and/or possible violations of Republic Act No. 3019, Republic Act No. 6713, and the rules implementing them, by public servants in the OP.
- The IACC assists and coordinates with other anti-corruption and accountability bodies, including the Presidential Anti-Graft Commission (PAGC), the Anti-Corruption Swift Action Team (SWAT), and the Office of the Ombudsman (OMB).
- The IACC conducts or supports lifestyle checks of public servants in the OP.
IACC functions: complaints and investigations
- The IACC must receive, act, and investigate all administrative disciplinary complaints/cases filed against non-presidential appointees in the OP.
- The IACC must establish review and compliance procedures for the SALNW and DBIFC of all OP officials and employees.
- The IACC must conduct a review of compliance of the OP officials and employees with the SALNW and DBIFC procedures, whether or not the statements have been properly accomplished.
- The IACC must receive, act, and investigate abuses and/or possible violations of Republic Act No. 3019 and Republic Act No. 6713, and their implementing rules, by public servants in the OP.
- The IACC must coordinate with:
- the PAGC created under Executive Order No. 12 (s. of 2001),
- the SWAT pursuant to Executive Order No. 407 (s. of 2005), and/or
- the OMB,
regarding complaints/cases against Executive Department officials and employees and agencies/instrumentalities, and in conducting lifestyle checks for OP public servants.
IACC structure, membership, and quorum
- The IACC is composed of five (5) permanent members:
- the Executive Secretary (ES) or his designated representative as Chairman/Presiding Officer,
- the Deputy Executive Secretary for Legal Affairs (DESLA),
- the Deputy Executive Secretary for Finance and Administration (DESFA),
- the Deputy Executive Secretary for General Administration (DESGA), and
- the Assistant Executive Secretary (AES) of the Internal Audit Office (IAO).
- A quorum consists of a majority of the members of the IACC.
- For transaction of business, resolutions by the majority of the quorum duly assembled are valid acts.
- For IACC findings and recommendations, the order or resolution requires the approval of the majority of all IACC members present in a meeting called for that purpose.
Working units and delegated responsibilities
- The IACC has two (2) working units:
- Complaints and Investigation Unit (CIU), performed by the Office of the Deputy Executive Secretary for Legal Affairs (ODESLA) headed by the DESLA, and
- Review and Compliance Unit (RCU), performed by the Office of Budget and Corporate Affairs (OBCA) headed by the Assistant Executive Secretary (AES) for Budget and Corporate Affairs.
- The CIU investigates complaints/cases against OP public officials and employees who are non-presidential appointees.
- The CIU handles cases that may also be initiated by the IACC on behalf of the Office of the President, pursuant to Section 48, Chapter VI, Book V of EO 292 (s. of 1987).
- The CIU keeps records of all cases filed with the IACC, monitors case status and disposition, and makes a quarterly report to the IACC on progress.
- The RCU evaluates compliance with the OP Review and Compliance Procedure for SALNW and DBIFC by all OP employees and public officials, regardless of whether they are presidential appointees or non-presidential appointees.
CIU panel, timelines, and investigative powers
- The CIU Head (DESLA) designates a panel of investigators, preferably composed of three (3) lawyers-members, headed by a Chairman.
- The panel conducts hearings and renders findings and recommendations to the IACC through the CIU.
- In disciplinary investigations, the panel must closely observe pertinent provisions of Administrative Code of 1987 (EO 292), Civil Service Commission (CSC) rules and regulations, and other related laws.
- The panel submits its findings and recommendations to the IACC through the CIU Head within fifteen (15) days from the conclusion of the investigation.
- The DESLA or the Chairman of the Panel of Investigators is authorized to:
- summon witnesses by subpoena,
- require document production by subpoena duces tecum,
- administer oaths,
- take testimony,
- receive evidence submitted during proceedings,
- recommend preventive suspension of the respondent when warranted by the nature of the offense and the evidence.
RCU compliance support: seminars and guidance
- The RCU conducts seminars to familiarize OP officials and employees on proper and correct filing and compliance with SALNW and DBIFC.
- The seminars must focus on compliance in accordance with the OP Review and Compliance Procedure tied to RA 3019, RA 6713, their rules implementing them, and other related laws.
Repeal and effect on inconsistent issuances
- All Standard Operating Procedures, Office Manuals, or Memorandum Orders inconsistent with Memorandum Order No. 182 are modified or repealed accordingly.