Law Summary
Composition and Qualifications
- Composed of one Chairman and four Commissioners appointed by the President
- Majority must be members of the Philippine Bar with at least five years of law practice
- Chairman holds rank and privileges equivalent to Presidential Assistant II; Commissioners hold the rank of Presidential Assistant I
- Chairman presides over meetings and supervises policy implementation
Secretariat and Administration
- Secretariat provides administrative and technical support
- Headed by an Executive Director with rank and privileges of Assistant Secretary, appointed by the President upon Chairman’s recommendation
- Chairman has authority over personnel appointments, promotions, and discipline
Organizational Structure and Staffing
- Commission may organize necessary units and hire personnel within legal and budgetary constraints
- Chairman authorized to manage operating units’ personnel
- Staffing patterns must comply with relevant laws and regulations
Jurisdiction, Powers, and Functions
- Authority to investigate, hear administrative cases, and gather evidence on graft and corruption involving presidential appointees classified as Salary Grade 28 and above
- Extends to members of governing boards, government-owned or -controlled corporations, and nominees appointed by the President
- Investigates violations of RA 3019, RA 6713, Revised Penal Code provisions, and other related laws and rules
- May conduct lifestyle checks and fact-finding inquiries, including on officials outside the executive branch
- Can enlist aid from law enforcement and other government agencies
- May recommend inclusion of witnesses in the Witness Protection Program
- Can engage qualified consultants and deputies
Preventive Suspension
- Can recommend preventive suspension to the President upon filing of a complaint
- Suspension warranted when charges merit removal or respondent’s continued presence may prejudice the case
- Suspension period capped at 90 days, with provisions for extensions if delay is caused by the respondent
Summons and Oaths
- Empowered to issue subpoenas to compel attendance of witnesses and possession of documents
- Has authority to administer oaths
Sanctions for Non-Compliance
- Non-compliance with summons without cause is a ground for administrative disciplinary action recommended to the President
- Such cases are heard separately from the main investigation
Reporting and Final Disposition
- Must submit investigative reports and recommendations directly to the President
- Reports to include factual findings, legal conclusions, and recommended penalties or referrals
Referral and Deputization
- May refer cases to the Office of the Ombudsman or deputize other government offices for fact-finding
Confidentiality Obligations
- Strictly prohibits disclosure of information that may undermine a fair investigation
- Requires all public disclosures to be balanced, fair, and accurate
Transfer of Functions
- Takes over investigative and recommendatory functions of the defunct Presidential Anti-Graft Commission transferred from the Office of the Deputy Executive Secretary for Legal Affairs (ODESLA)
- ODESLA retains strategic anti-corruption policy, compliance monitoring, and coordination functions
Transition Provisions
- ODESLA to continue investigative functions until the Commission and Secretariat are fully formed
- Complete turnover of records and winding-up of ODESLA operations within six months after Commission establishment
Rules and Regulations
- Commission tasked with promulgating rules necessary for effective implementation
Funding
- Initial budget determined in coordination with the Department of Budget and Management
- Subsequent funding included in the Office of the President’s budget proposal
Separability Clause
- Invalidity of any provision does not affect the validity of the rest of the Order
Repealing Clause
- Repeals inconsistent orders, rules, and regulations or modifies them accordingly
Effectivity
- Order becomes effective fifteen days after its publication