Composition and Leadership
- Consists of a Chairman and two Commissioners, appointed by the President.
- All members serve full-time; majority must be members of the Philippine Bar.
- Chairman ranks as Presidential Assistant II; Commissioners as Presidential Assistant I.
- Chairman presides over meetings, directs, and supervises policy implementation.
Secretariat and Personnel
- Secretariat headed by an Executive Director, appointed by the President upon the Chairman’s recommendation.
- Secretariat manages the day-to-day operations under the Chairman’s supervision.
- Chairman has authority to appoint, promote, and discipline Secretariat personnel.
- Allowed to create organizational units with qualified personnel; hiring exempted from restrictions under Administrative Order No. 100 for initial appointments.
Jurisdiction and Functions
- Responsible for investigating or hearing administrative cases on violations of:
- Anti-Graft and Corrupt Practices Act (RA 3019, as amended)
- Unlawful acquisition of property by public officers (RA 1379)
- Code of Conduct and Ethical Standards for Public Officials (RA 6713)
- Prohibition on receiving gifts by public officials (PD 46)
- Certain provisions of the Revised Penal Code
- Implementing rules and regulations of the above laws
- Jurisdiction over all presidential appointees at Salary Grade 26 (assistant regional director or equivalent) and higher.
- Can investigate non-presidential appointees acting in conspiracy with presidential appointees.
- No jurisdiction over the Armed Forces of the Philippines or the Philippine National Police.
- Does not entertain anonymous complaints unless probable cause appears.
Procedures for Investigation and Hearings
- Uses all reasonable means to ascertain facts speedily and objectively while observing due process.
- Cases involving Undersecretaries or higher are heard by the Commission en banc.
- Lower rank cases may be delegated to a Commissioner or panel, with final review by the Commission en banc.
Powers Incidental to Investigation
- Can administer oaths and issue subpoenas to compel testimony and documents.
- May call upon any executive branch office or government-owned or controlled corporation for assistance.
- During investigations, may recommend preventive suspension of respondents to the President.
Enforcement Mechanisms
- Recommends suspension or dismissal for government personnel who fail to comply with subpoenas after formal charges and hearing.
- Jurisdiction continues despite resignation or retirement of the respondent.
Reporting and Recommendations
- After investigation or hearing, Commission en banc submits detailed reports and recommended penalties or actions to the President.
Referral to Other Government Units
- May refer cases to the Office of the Ombudsman or other appropriate government entities for further action.
Preventive and Advisory Functions
- Conducts or partners in studies on new measures to prevent and minimize graft and corruption.
Consultants and Deputies
- Chairman may engage qualified consultants and deputies from public or private sectors subject to applicable laws.
Periodic Reporting
- Required to submit to the President at least 30 days before each congressional session:
- List of respondents investigated and recommendations
- List of ongoing investigations and their status
- Other relevant reports or recommendations
Confidentiality and Fairness
- Prohibits disclosure of investigation records that could prejudice fair adjudication.
- All disclosures must be balanced, fair, and accurate.
Transitional Provisions
- The former Presidential Commission Against Graft and Corruption (PCAGC) continues limited operations on cases pending before the Commission.
- PCAGC officers and personnel may be transferred to the new Commission.
- Funds, records, equipment, and properties of PCAGC transferred to the new Commission.
Organizational Rules and Funding
- Authorized to promulgate rules and regulations for effective implementation.
- Initial budget set at Php 18,263,000, sourced from the National Anti-Corruption Commission’s budget.
- Additional funds must be coordinated with the Department of Budget and Management and approved by the President.
Repeal and Supersession
- Repeals Executive Orders Nos. 151 and 151-A (1994) creating PCAGC.
- Repeals Executive Order No. 268 (2000) creating the National Anti-Corruption Commission.
- Abrogates inconsistent issuances, orders, rules, and regulations.
Effective Date
- Takes effect immediately upon approval by the President.