Mandate and Scope of Investigation
- Tasked with investigating government-owned or controlled institutions that granted loans, guarantees, credits to individuals or corporations linked to former President Ferdinand Marcos.
- Must determine civil or criminal liability of involved persons and entities.
- Required to identify responsible individuals.
- Chairman to submit monthly progress reports to the Cabinet.
Procedures and Rules of Investigation
- Commission must comply with the Rules of Procedure promulgated by the Office of the President.
- Its findings on probable cause shall be considered sufficient for filing charges without preliminary investigation.
- May directly file charges with the proper court against guilty parties.
Filing of Cases and Civil Actions
- Based on investigation findings, Commission to file criminal information against responsible individuals including officers, directors, employees of government institutions and beneficiary firms.
- Authorized to file civil complaints against corporations involved for recovery or collection purposes.
Powers and Functions of the Commission
- May administer oaths and issue subpoenas to compel witness attendance and document production.
- Can enjoin or restrain acts that would frustrate the Commission's investigation.
- May recommend hold departure orders to the Office of the President for individuals involved.
- Can hold persons in contempt and impose penalties.
- Authorized to seek assistance from government agencies and deputize law enforcement units.
- Empowered to adopt supplementary procedural rules and is not strictly bound by technical procedural rules.
Immunity and Protection for Commission Personnel and Whistleblowers
- Commission members and staff are immune from civil suit for acts done in good faith.
- Government employees disclosing information or documents to the Commission are protected from legal action.
Confidentiality and Non-Compellability
- Members and staff are not required to testify or produce evidence in external judicial, legislative, or administrative proceedings about official matters.
Organizational Structure and Legal Assistance
- Appointment of a Chief Operating Officer to manage secretariat, investigators, fiscals, and private sector resource persons.
- Designation of a Special Counsel to provide legal assistance in investigations and document evaluations.
Coordination with the Presidential Commission on Good Government
- Ensures coordination with the PCGG without impairing its authority to recover ill-gotten wealth and prosecute related cases under existing executive orders.
Employment Terms and Compensation
- Non-government personnel engaged on a contractual basis, terminable at the Commission's discretion.
- Government personnel assisting the Commission may receive allowances or honoraria.
Funding
- Initial funding of Five Million Pesos allocated from the National Treasury.
- Additional funds to be set aside as necessary upon request, subject to availability.
Effectivity
- The Executive Order takes effect immediately upon signing.
This comprehensive framework establishes a multi-sectoral investigative body with substantial powers to uncover and prosecute abuses related to "behest" loans granted during the Marcos administration, while ensuring procedural fairness, institutional cooperation, and adequate protection to Commission members and cooperating personnel.