Law
Executive Order No. 14
Decision Date
May 7, 1986
An executive order establishes the jurisdiction and powers of the Presidential Commission on Good Government (PCGG) to recover ill-gotten wealth amassed by former President Ferdinand Marcos and his associates, with the Sandiganbayan having exclusive jurisdiction over related civil and criminal cases.

Policy and purpose of enforcement

  • The Presidential Commission on Good Government (PCGG) exists to assist the President in recovering ill-gotten wealth accumulated by former President Ferdinand E. Marcos and covered persons (WHEREAS clauses referencing Executive Order No. 1 and Executive Order No. 2).
  • The PCGG’s responsibility focuses on recovering assets and properties illegally acquired or misappropriated by former President Ferdinand E. Marcos and/or Mrs. Imelda R. Marcos, and covered persons (WHEREAS clauses referencing Executive Order No. 2).
  • The enforcement mandate prioritizes national interest and national survival while observing fairness and due process (WHEREAS clause).

Jurisdiction and filing of PCGG cases

  • Section 1 empowers the PCGG, with the assistance of the Office of the Solicitor General and other government agencies, to file and prosecute all cases investigated by it under Executive Order No. 1 (February 28, 1986) and Executive Order No. 2 (March 12, 1986) as warranted by its findings.
  • Section 2 requires all such cases, whether civil or criminal, to be filed with the Sandiganbayan, which has exclusive and original jurisdiction.
  • The authority to file and prosecute is expressly framed to cover cases investigated under Executive Order No. 1 and Executive Order No. 2.

Civil cases: separate filing and proof

  • Section 3 allows civil suits for restitution, reparation of damages, or indemnification for consequential damages, and forfeiture proceedings under Republic Act No. 1379, or any other civil actions under the Civil Code or other existing laws, in connection with Executive Order No. 1 and Executive Order No. 2.
  • Civil suits may be filed separately from and shall proceed independently of any criminal proceedings.
  • Civil cases are proved by a preponderance of evidence (Section 3).
  • The technical rules of procedure and evidence do not apply with strictness to the civil cases filed under Section 3.

Testimony despite self-incrimination

  • Section 4 prohibits excusing a person from attending and testifying or producing books, papers, correspondence, memoranda, and other records on the ground that such testimony or evidence may tend to incriminate the person.
  • Section 4 preserves a limitation: no individual shall be prosecuted criminally for or on account of any transaction, matter, or thing concerning which the individual was compelled—after invoking the privilege against self-incrimination—to testify or produce evidence.
  • Section 4 does not exempt a testifying individual from prosecution and conviction for perjury or false testimony committed in that compelled testimony.
  • Section 4 does not exempt a testifying individual from administrative proceedings that are proper and necessary.

Immunity from criminal prosecution

  • Section 5 authorizes the PCGG to grant immunity from criminal prosecution to any person who testifies to the unlawful manner in which any respondent, defendant, or accused has acquired or accumulated the property or properties in question.
  • Section 5 limits immunity to testimony that is necessary to prove violations of existing laws.

Time limitations and procedural priority

  • Section 6 provides that time limitations in Sections 2 and 6 of Republic Act No. 1379 on filing cases and the rendition of judgments shall not apply to cases filed under this Executive Order.

Prevailing rule and supremacy in PCGG cases

  • Section 7 makes this Executive Order prevail over any and all laws (or parts thereof) regarding the investigation, prosecution, and trial of cases for violations involving the acquisition and accumulation of ill-gotten wealth as mentioned in Executive Order Nos. 1 and 2.

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