Issuing authority, date, effectivity
- Executive Order No. 268 is dated July 18, 2000.
- Section 15 provides that the Executive Order takes effect immediately.
Composition and leadership
- Section 2 provides that the Commission is headed by a full-time Chairman assisted by four (4) full-time Commissioners.
- Section 2 requires the President to appoint the Chairman and Commissioners from a list of nominees known and recognized for moral uprightness, probity and independence, proven competence, and recognized expertise related as much as possible to the Commission’s functions.
- Section 2 requires that all five (5) members be drawn from the public and private sectors.
- Section 2 grants the Chairman the rank, emoluments, and privileges of a Cabinet Secretary or its equivalent and grants the Commissioners the rank, emoluments, and privileges of an Undersecretary or its equivalent.
- Section 2 prohibits any Commission member from appointing representatives to act on his behalf.
Secretariat and staffing support
- Section 3 provides for an interim secretariat initially placed at the Commission’s disposal by the Development Academy of the Philippines (DAPa) until a regular organic secretariat is organized by the Commission.
- Section 3 requires the interim and regular secretariat members to be individuals of known moral probity and dedication to public service.
- Section 3 requires the Secretariat to be headed by an Executive Director who must be appointed by the Chairman.
- Section 3 tasks the Executive Director to execute and administer policies and decisions, attend Commission deliberations, monitor implementation of Commission programs, and manage day-to-day operations.
- Section 3 allows PCAGC employees to be considered for the interim secretariat if especially qualified and demonstrated moral probity and dedication to public service without interruption of continued government service.
- Section 3 grants PCAGC employees not reconsidered entitlement to separation and retirement benefits under RA 8291 (The GSIS Act of 1997) and other existing retirement rules and laws.
Core functions of the Commission
- Section 4(a) requires the Commission to formulate and implement a national anti-corruption framework, program strategies, and a corresponding action agenda of government in consultation with government agencies, private sector, and civil society organizations.
- Section 4(b) requires the Commission to implement and coordinate policies aimed at preventing and combating corruption, preventing conflicts of interest at all levels of government.
- Section 4(c) requires policy analysis and shepherding legislation for submission to and consideration by the President, with the President to certify to Congress the legislative proposals as urgent and vital to the anti-corruption program.
- Section 4(d) requires monitoring of government agencies’ performance in implementing the action agenda, providing policy advice, and establishing a centralized database.
- Section 4(e) requires identification and investigation of organizational and managerial shortcomings in public administrators and enterprises that could facilitate acts and misconduct covered by existing anti-graft laws, and advising departments/agencies/offices and local government units on anti-corruption strategies and procedures.
- Section 4(f) requires pre-screening and clearing of appointees to be confirmed by the Commission on Appointments, upon request of the President.
- Section 4(g) requires sustained information and education drives to prevent corruption and public misconduct.
- Section 4(h) requires organizing specialized training for Commission staff and representatives of the private sector and civil society in prevention, investigation, and prosecution of graft and corrupt practices.
- Section 4(i) requires centralization of information regarding acts and misconduct communicated to the Commission by policy services and public authorities, or sent by private individuals.
- Section 4(j) authorizes the Commission to investigate or hear, motu propio or on complaint filed in any form or manner, charges, reports, or information involving possible violations of graft and corrupt practices.
- Section 4(k) requires endorsement to the Office of the Ombudsman or the Department of Justice for prosecution matters the Commission finds, after investigation upon complaint by any person or at its own instance, to constitute graft and corrupt practices.
- Section 4(l) requires forwarding to judicial authorities the records, documents, and information the latter request in the course of hearing and deciding acts that may constitute graft and corrupt practices.
- Section 4(m) requires periodic reports on progress of the anti-corruption program to the President, Congress, and the general public to provide all sectors a balanced and objective report on graft and corruption.
- Section 4(n) requires the Commission to absorb functions and exercise the jurisdiction and powers of the Presidential Commission Against Graft and Corruption under Executive Order No. 151 (which is abolished for this purpose).
Investigative powers and enforcement tools
- Section 5 grants the Commission the powers of an investigating body under Section 37, Chapter 9, Book I of the Administrative Code of 1987, including the power to summon witnesses, administer oaths, take testimony or evidence relevant to investigation, and issue compulsory process to produce documents, books, records, and other relevant matters.
- Section 5 provides that any person who, without lawful excuse, fails to appear upon summons or refuses to take oaths, give testimony, or produce documents for inspection when lawfully required is subject to discipline as in contempt of court, upon application of the Commission before the proper court, in the manner provided by law.
- Section 5(b) authorizes coordination with the Commission on Elections (COMELEC) to verify observance of the ceiling on electoral expenditure and the accuracy of election campaign accounts, assist investigation of palpable and massive electoral fraud, and monitor actions of boards of canvassers during elections.
- Section 5(c) authorizes examination of the execution of public contracts as to both tendering and results.
- Section 5(d) authorizes verification that award of public works and supply contracts and assignment of operations by public authorities are conducted in a proper and honest manner.
- Section 5(e) authorizes lifestyle checks on any public officer/employee, including requests for copies of statement of asset and liabilities and income tax return, and requiring a public officer to reveal the source of property, wealth, assets, and interests of the officer and of the officer’s spouse, departments, and relatives, in accordance with law.
- Section 5(e) authorizes requiring the submission, by the person acting as depository, of the register of declarations of gifts received by persons holding public offices.
- Section 5(e) authorizes seeking to establish the reliability of declarations in cooperation with relevant national bodies in case of reasonable suspicion.
- Section 5(f) authorizes seeking cooperation of the private sector, civil society, and other bodies (local and international) for anti-graft and corruption programs.
- Section 5(g) requires coordination with the Inter-agency Anti-Graft Coordinating Body to effectively implement the Executive Order.
Jurisdiction: covered offenses and laws
- Section 6 establishes that the Commission has jurisdiction to investigate possible violations of:
- Republic Act No. 3019, as amended (Anti-Graft and Corrupt Practices Act).
- Republic Act No. 1379 (unlawful acquisition of property by a public officer or employee).
- Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees).
- Section 46 (b) (1) to (6), Book V, Subtitle A, Chapter 6 of Executive Order No. 292, series of 1987 (Administrative Code of 1987).
- Any provision under Title Seven of the Revised Penal Code on crimes committed by public officers.
- Executive Order No. 226, series of 1995.
- Any other relevant law, executive orders, rules or regulations.
Procedures for cooperation and referrals
- Section 7 requires the Commission to promulgate or adopt rules of procedure for effective implementation of the Executive Order.
- Section 8 allows the Commission to call on any government investigative and prosecutorial agencies, including the National Bureau of Investigation and the Philippine National Police, to make available offices, personnel, and facilities.
- Section 8 directs departments, bureaus, offices, agencies, instrumentalities, including government-owned and controlled corporations, to extend assistance and cooperation, including detail and/or deputization of personnel as the Commission may need.
- Section 9 directs all offices, committees, commissions, bureaus, departments, and government-owned and controlled corporations in the Executive Department to refer immediately to the Commission any complaint, charge, report, or information of corruption against presidential appointees and non-presidential appointees referred under Section 4.
- Section 9 requires that such referral include not only the complaint/report/information but also certified copies of all relevant and pertinent records of the case.
Organizational authority, compensation, and budgeting
- Section 10 allows the Commission to create organizational units necessary for its functions, subject to relevant laws, rules, and regulations, staffed by qualified personnel appointed by the Executive Director upon approval of the Chairman.
- Section 10 authorizes engaging resource persons, professionals, and other personnel (known for moral uprightness, probity, and independence), including a Commission Counsel, Deputy Commission Counsel(s), or other officials required to perform functions, and to fix duties and compensation.
- Section 10 authorizes payment of honoraria and/or allowances for deputized/detailed officers and officials.
- Section 10 exempts the Commission from Administrative Order No. 100, series of 1999.
- Section 10 authorizes the Commission, at its discretion, to hire new personnel on permanent, temporary, substitute, contractual, or casual status.
- Section 11 requires the Commission to prepare its salary schedule in consultation with the Department of Budget and Management.
- Section 13 establishes an initial budget of FORTY MILLION PESOS (P40,000,000.00), partly drawn from the remaining budget of the abolished PCAGC and from the Organizational Adjustment Fund; appropriations for succeeding years must be incorporated in the budget proposal for the Office of the President.
Transition, records transfer, repeal, and effectivity
- Section 12 requires the interim secretariat to establish the regular secretariat and ensure orderly transition to the Commission within one (1) year upon approval of the Executive Order.
- Section 12 transfers to the Commission all records, facilities, equipment, property, rights, and other things arising from and incidental to the creation of the Presidential Commission Against Graft and Corruption.
- Section 14 repeals or modifies all orders, issuances, rules and regulations, or parts thereof, inconsistent with the Executive Order.
- Section 15 mandates that the Executive Order takes effect immediately.