Legal basis and cited issuances
- Section 1 recognizes the policy under Republic Act No. 3019 that government policy is to repress graft and corrupt practices committed by public officers and private persons.
- Section 1 also recognizes the ethical policy under Republic Act No. 6713 requiring accountability to the people and the discharge of duties with integrity, competence, loyalty, patriotism, and justice.
- The President’s reorganizational authority is grounded on Section 31, Chapter 10, Title III, Book III of Executive Order No. 292 (Administrative Code of 1987).
- The President’s authority to ensure faithful execution is invoked through Section 17, Article VII of the 1987 Constitution.
- The order transfers prior anti-corruption investigative functions previously assigned to Office of the Deputy Executive Secretary for Legal Affairs (ODESLA) under Executive Order No. 13 (s. 2010).
- The order references Executive Order No. 292 in its jurisdictional coverage of administrative sanctions.
Policy, purpose, and mandate
- The order creates a separate commission under the Office of the President dedicated to assisting the President in the investigation and hearing of administrative cases and in lifestyle checks and/or fact-finding inquiries involving graft, corruption, and serious misconduct tantamount to betrayal of public trust. (Section 1, Section 5(c))
- The Commission is tasked to primarily handle administrative cases involving presidential appointees and other high-level public officers fitting the rank and compensation coverage. (Section 1, Section 5(a))
- The Commission must observe due process while using reasonable means to ascertain facts speedily and objectively. (Section 5(c))
- The Commission operates to support the President’s plenary authority over discipline and removal of public officers subject to constitutional and legal limits. (Recitals; Section 1)
Commission creation, composition, and structure
- The Presidential Anti-Corruption Commission (“Commission”) is created under the Office of the President to directly assist the President in investigating and/or hearing administrative cases primarily involving graft and corruption. (Section 1)
- The Commission consists of a Chairman and four (4) Commissioners appointed by the President. (Section 2)
- Majority of the Commission members must be members of the Philippine Bar and must have been engaged in the practice of law in the Philippines for at least five (5) years. (Section 2)
- The Chairman holds the rank, emoluments, and privileges of a Presidential Assistant II and presides over Commission meetings and directs and supervises implementation of Commission policies, rules, and regulations. (Section 2)
- Each Commissioner holds the rank, emoluments, and privileges of a Presidential Assistant I. (Section 2)
- The Commission has a Secretariat providing technical and administrative support. (Section 3)
- The Secretariat is headed by an Executive Director with the rank, emoluments, and privileges of an Assistant Secretary, appointed by the President upon the recommendation of the Chairman; the Executive Director executes and administers policies and decisions and manages day-to-day operations under the Chairman’s control and supervision. (Section 3)
- The Commission may organize operating units as necessary, subject to the General Appropriations Act and other laws, rules, and regulations, and the Chairman may appoint, promote, and discipline personnel of all operating units, subject to pertinent laws and rules. (Section 4)
- The Commission may hire its own personnel, and its staffing pattern and structure and changes must conform to pertinent laws, rules, and regulations. (Section 4)
Jurisdiction, covered cases, and investigative powers
- The Commission has authority, on complaint or motu proprio, and in concurrency with the Office of the Ombudsman, to hear, investigate, receive, gather, and evaluate evidence and information in administrative cases against covered presidential appointees. (Section 5(a))
- Coverage applies to presidential appointees in the Executive Branch and its agencies or instrumentalities occupying the position of Assistant Regional Director or an equivalent rank and higher, including those with Salary Grade “28” and higher under Republic Act No. 6758. (Section 5(a))
- Coverage includes members of the governing board of any instrumentality, regulatory agency, or chartered institution, and directors or officers, appointees or nominees of the President to government-owned or -controlled corporations, or who otherwise represent the interests of the government. (Section 5(a))
- The Commission handles violations constituting administrative cases involving:
- Republic Act No. 3019, as amended; (Section 5(a)(1))
- Republic Act No. 1379 on unlawful acquisition of property by a public officer or employee; (Section 5(a)(2))
- Republic Act No. 6713; (Section 5(a)(3))
- Provisions under Title Seven, Book Two of the Revised Penal Code; (Section 5(a)(4))
- Executive Order No. 292, whenever it defines and imposes administrative sanctions on acts or omissions constituting violations of the foregoing laws and issuances; (Section 5(a)(5))
- Rules and regulations duly promulgated by competent authority to implement any of the foregoing laws and issuances; (Section 5(a)(6))
- Other violations referred by the President to the Commission. (Section 5(a)(7))
- Upon the President’s instructions, the Commission may investigate presidential appointees in the Armed Forces of the Philippines and the Philippine National Police. (Section 5(b))
- Upon the President’s instructions or motu proprio, the Commission may conduct lifestyle checks and fact-finding inquiries on acts or omissions of all presidential appointees, including those outside the Executive Branch, when these may violate the Constitution, be contrary to law, rules, and regulations, and/or constitute serious misconduct tantamount to betrayal of public trust. (Section 5(c))
- The Commission must submit its report and recommended courses of action to the President based on such fact-finding inquiries. (Section 5(c))
- The Commission may enlist the aid and support of any law enforcement agency of the government and may call on all government agencies and instrumentalities, including government-owned or -controlled corporations, for assistance for acquisition of pertinent documents or to participate in or conduct investigations, subject to submission of a written report to the Commission. (Section 5(c))
- The Commission may recommend the admission of vital witnesses into the Witness Protection Program administered by the Department of Justice. (Section 5(c))
- The Commission may engage qualified consultants and/or deputies from the public and private sectors, subject to pertinent laws, rules, and regulations. (Section 5(c))
- The resignation or retirement of the public officer under investigation does not divest the Commission of jurisdiction to continue the investigation or hearing. (Section 5(c))
- In all instances, the Commission must observe due process while using every reasonable means to ascertain facts speedily and objectively. (Section 5(c))
Preventive suspension and subpoenas
- Upon filing of a complaint or charge, the Commission may recommend to the President the issuance of an order of preventive suspension when warranted by circumstances such as charges punishable with removal from the service or when respondent’s continued stay in office will prejudice fair determination. (Section 6)
- Preventive suspension continues until the case is terminated by the Commission but must not exceed 90 days, except when the delay is due to the fault, negligence, or action of the respondent, in which case the delay period is not counted in computing preventive suspension. (Section 6)
- The Commission has the power to administer oaths and issue subpoena ad testificandum and subpoena duces tecum for purposes of taking testimony or receiving evidence. (Section 7)
- Any delay or refusal without adequate cause to comply with a Commission subpoena constitutes a ground for administrative disciplinary action to be recommended by the Commission to the President against the erring public officer or employee. (Section 8)
- The case for non-compliance with summons is heard by the Commission separately from the investigation or administrative case where the subpoena was issued. (Section 8)
Reports, disclosures, and referrals
- After completing its investigation or hearing, or fact-finding inquiry, the Commission submits its report and recommendations directly to the President for approval and final disposition. (Section 9)
- The Commission’s report and recommendations must state factual findings and legal conclusions, and must include a recommended administrative penalty or referral to the appropriate disciplinary authority. (Section 9)
- When warranted, the Commission may refer any case to the Office of the Ombudsman for appropriate action, or deputize another office, committee, commission, bureau, agency, department, or instrumentality, including government-owned or -controlled corporations, to conduct a fact-finding investigation. (Section 10)
- The Commission and its personnel must not disclose or make public any record or information in connection with any investigation when disclosure would deprive the respondent of the right to a fair and impartial investigation. (Section 11)
- Commission disclosures relating to an administrative case, complaint, or inquiry must be balanced, fair, and accurate. (Section 11)
Transfer, transitory rules, and funding
- Investigative, recommendatory, and other incidental functions of the defunct Presidential Anti-Graft Commission (PAGC) transferred to ODESLA by Executive Order No. 13 (s. 2010) are transferred to the Commission. (Section 12)
- ODESLA retains functions of formulating national anti-corruption plans and policies and strategies, implementing anti-corruption initiatives of the government, and monitoring compliance, including:
- Reviewing and implementing the Philippines’ compliance with the United Nations Convention against Corruption (UNCAC) pursuant to Executive Order No. 171 (s. 2014); (Section 12(1))
- Implementing the Integrity Management Program (IMP) pursuant to Executive Order No. 176 (s. 2014); and (Section 12(2))
- Coordination with the inter-agency Anti-Graft Coordinating Council. (Section 12(3))
- Upon effectivity, ODESLA continues to perform its investigative, recommendatory, and other incidental functions under Executive Order No. 13 (s. 2010) until members of the Commission and its Secretariat are duly appointed. (Section 13)
- ODESLA’s winding-up, including turnover of records of all pending cases—including PAGC cases—within the Commission’s jurisdiction, must be completed not later than six (6) months from the time the Commission is constituted. (Section 13)
- The initial budget of the Commission is determined in coordination with the Department of Budget and Management and submitted to the Office of the President for approval. (Section 15)
- Appropriations for succeeding years are incorporated in the budget proposal for the Office of the President. (Section 15)
Rules, separability, repeal, and effectivity
- The Commission shall promulgate or adopt rules and regulations for the effective implementation of the order. (Section 14)
- If any provision or part thereof is declared invalid, illegal, or unconstitutional, the provisions not affected remain in force and effect. (Section 16)
- All orders, rules and regulations, issuances, or parts thereof inconsistent with the order are repealed, amended, or modified accordingly. (Section 17)
- The order takes effect 15 days after its publication. (Section 18)