Transfer of PCGG to DOJ supervision

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EXECUTIVE ORDER NO. 643: Transfer of PCGG to DOJ supervision

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Title Supreme Court: Transfer of PCGG to DOJ supervision

Law: Executive Order No. 643

Decision Date: Jul 27, 2007

An executive order transfers the Presidential Commission on Good Government (PCGG) to the Department of Justice (DOJ) in order to concentrate government efforts on recovering ill-gotten wealth and prosecuting corruption cases, with the DOJ now exercising the functions of the PCGG on behalf of the President.

executive order

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International Cooperation and Powers

EO 2, s. 1986 empowered PCGG to request foreign governments to freeze or prevent transfer of ill-gotten wealth abroad.
Authority to issue sequestration and freeze orders under Proclamation No. 3, s. 1986 has lapsed per the 1987 Constitution.

Current Focus and Need for Enhanced Government Efforts

PCGG's functions currently center on recovery and preservation of ill-gotten wealth.
Emphasis on proper investigation and prosecution of cases related to ill-gotten wealth.
Necessity to improve and concentrate government efforts for effective recovery and case handling.

Role of the Department of Justice (DOJ)

DOJ serves as the principal legal counsel and prosecution arm of the government (per the 1987 Administrative Code).
Involved in international legal cooperation essential for recovery of ill-gotten wealth.

Presidential Authority to Transfer Agencies

Under Section 31(3), Chapter 10, Title III, Book III of the 1987 Administrative Code, the President may transfer any agency from the Office of the President to other departments.

Transfer of PCGG Supervision to DOJ (Section 1)

PCGG placed under administrative supervision of the Department of Justice.
The Secretary of Justice or his authorized representative to exercise this function on behalf of the President unless otherwise provided.

Implementing Guidelines (Section 2)

DOJ tasked to issue implementing rules and regulations for effective enforcement of this transfer.

Repealing Clause (Section 3)

All inconsistent executive issuances, rules, and regulations are revoked, amended, or modified as necessary to conform with this Order.

Effectivity (Section 4)

Executive Order takes effect immediately upon signing.

Signatory Authorities

Signed by President Gloria Macapagal-Arroyo.
Officially attested by Executive Secretary Eduardo R. Ermita on July 27, 2007, in Manila.

END