Exclusive Jurisdiction of the Sandiganbayan
- All civil and criminal cases initiated by the PCGG related to ill-gotten wealth must be filed exclusively with the Sandiganbayan.
- Sandiganbayan has original jurisdiction over these cases, ensuring specialized and focused judicial handling.
Civil Suits and Procedures
- Civil actions such as restitution, damages, forfeiture, and other claims linked to ill-gotten wealth may be pursued independently from criminal cases.
- These civil cases may be proven by a preponderance of evidence rather than the stricter criminal standard.
- Technical procedural and evidentiary rules may be relaxed to facilitate the recovery process.
Compulsion to Testify and Privilege Against Self-Incrimination
- No individual can refuse to testify or produce documents on the basis that it might incriminate them.
- Persons compelled to testify are protected from criminal prosecution based on the compelled testimony but are liable for perjury if they provide false testimony.
- Administrative proceedings may still be pursued despite immunity from criminal charges.
Grant of Immunity
- PCGG has the authority to grant immunity from criminal prosecution to witnesses whose testimony is critical in proving illegal acquisition of wealth.
- This is to encourage cooperation and uncover the full extent of ill-gotten properties.
Suspension of Statutory Time Limitations
- The time restrictions on filing cases and delivering judgments under Sections 2 and 6 of Republic Act No. 1379 do not apply to PCGG cases.
- This ensures no procedural time bars hinder the recovery of ill-gotten wealth.
Supremacy of This Executive Order
- In matters concerning investigation, prosecution, and trial of ill-gotten wealth cases, this Executive Order supersedes any conflicting laws or provisions.
Effectivity
- The Order is effective immediately upon issuance to expedite actions related to the recovery efforts.
This Executive Order establishes a robust legal and procedural framework for the PCGG to efficiently pursue recovery of ill-gotten wealth, balancing the need for expediency, fairness, and comprehensive legal tools.