Composition of the Commission
- Headed by a full-time Chairman with rank equivalent to a Cabinet Secretary.
- Assisted by four full-time Commissioners with rank equivalent to Undersecretaries.
- Members appointed by the President from nominees recognized for moral integrity, competence, and expertise.
- Commissioners must be from both public and private sectors.
- No delegation of authority to representatives allowed.
Secretariat and Administrative Support
- Initially assisted by an interim secretariat from the Development Academy of the Philippines.
- Regular secretariat to be organized by the Commission.
- Secretariat staffed by individuals known for moral probity, headed by an Executive Director appointed by the Chairman.
- Former employees of the abolished commission may be considered for interim secretariat positions.
- Separation and retirement benefits provided for non-reappointed former employees.
Functions of the Commission
- Develop and implement national anti-corruption frameworks and action agendas in consultation with various sectors.
- Coordinate policies to prevent corruption and conflicts of interest in government.
- Analyze and promote legislative measures to combat corruption, certifying proposals as urgent when necessary.
- Monitor and advise government agencies on implementation of anti-corruption programs.
- Identify organizational weaknesses that facilitate corrupt acts and recommend solutions.
- Pre-screen appointees for confirmation upon presidential request.
- Conduct public information and education campaigns.
- Organize training for Commission staff and representatives from private and civil sectors.
- Centralize information on graft and misconduct.
- Investigate allegations motu proprio or upon complaint.
- Endorse cases to the Office of the Ombudsman or Department of Justice for prosecution.
- Provide periodic progress reports on anti-corruption efforts.
- Absorb functions and powers of the abolished Presidential Commission Against Graft and Corruption.
Powers of the Commission
- Exercise investigative powers including subpoena, oath administration, and evidence collection under Administrative Code provisions.
- Enforce contempt penalties for non-compliance with summons or evidence production.
- Coordinate with the Commission on Elections to monitor election-related activities and expenditures.
- Examine public contract execution and award processes.
- Conduct lifestyle checks on public officials, including asset and income verification and disclosure of sources of wealth.
- Require submission of gift declaration registers.
- Collaborate with national and international private sector and civil society entities for anti-corruption efforts.
- Coordinate with the Inter-agency Anti-Graft Coordinating Body.
Jurisdiction and Covered Offenses
- Authorized to investigate violations of:
- Anti-Graft and Corrupt Practices Act (RA 3019).
- RA 1379 on unlawful acquisition of property by public officers.
- Code of Conduct and Ethical Standards (RA 6713).
- Relevant provisions of the Administrative Code of 1987.
- Crimes by Public Officers under the Revised Penal Code.
- Executive Order No. 226 (1995) and other related laws.
Rules and Procedures
- Empowered to promulgate or adopt rules of procedure to effectively implement its mandate.
Support and Cooperation from Other Government Agencies
- Authorized to call upon investigative and prosecutorial agencies, including NBI and PNP, to assist in its functions.
- Government entities, including government-owned or controlled corporations, directed to cooperate and provide necessary personnel and facilities.
Referral of Complaints
- Executive Department offices and agencies must immediately refer complaints or information of corruption involving presidential and non-presidential appointees to the Commission.
- Referrals to include all relevant records and documentation.
Organizational Structure and Staffing
- Permitted to create necessary organizational units for functions.
- Staffing managed by the Executive Director with Chairman’s approval.
- May engage resource persons, legal counsel, and other professionals with recognized integrity and expertise.
- Authorized to determine duties, compensation, and pay honoraria or allowances for deputized personnel.
- Exempt from certain government hiring restrictions, allowing flexible hiring practices.
Budget and Compensation
- Initial appropriations set at Forty Million Pesos.
- Subsequent budgets to be proposed within the Office of the President’s budget.
- Salary schedules to be prepared in consultation with the Department of Budget and Management.
Transitory Provisions
- Interim Secretariat to establish regular secretariat within one year.
- All assets, records, and properties of the abolished commission transferred to the new Commission.
Repealing and Effectivity Clause
- All inconsistent orders and regulations are repealed or modified.
- Executive Order takes effect immediately upon issuance.