Title
Transfer of Behest Loans Duties to PCGG
Law
Executive Order No. 432
Decision Date
May 26, 2005
Executive Order No. 432 transfers the duties of the Ad Hoc Fact-Finding Committee on Behest Loans to the Presidential Commission on Good Government, empowering them to inventory, investigate, and prosecute behest and non-behest loans for recovery.
A

Expansion of Committee’s Authority

  • Memorandum Order No. 61 (November 9, 1992) expanded its scope to cover all non-performing loans, both behest and non-behest.
  • Memorandum Order No. 91 (February 15, 2000) further gave the Committee authority to file and prosecute legal actions for recovery of deficiency claims on defaulted behest and non-behest loans.
  • Section 2 of Memorandum Order No. 91 mandated the Presidential Commission on Good Government (PCGG) to assist the Committee in filing and prosecution.

Support and Resources Provided

  • Since 1995, the PCGG Legal Department has supported the Committee’s legal endeavors.
  • The Office of the President allocated PHP 10 million for this purpose.

Abolition of the Committee and Transfer of Functions

  • Executive Order No. 72 (February 11, 2002) abolished the Committee as part of government rationalization.
  • Due to national interest and suitability, the PCGG was deemed most appropriate to assume the Committee’s duties.

Transfer and Scope of Functions to the PCGG (Section 1)

  • PCGG is assigned to:
    • Inventory behest loans and identify lenders, borrowers, key persons, and those influencing loan grants.
    • Identify and assess "friendly waivers" and responsible government officials.
    • Recommend government recovery actions to the Office of the President.
    • Investigate and study all non-performing loans including behest and non-behest.
    • File and prosecute legal actions for recovery of deficiency claims arising from defaulted loans.
  • The criteria for defining behest loans per Section 1 of Memorandum Order No. 61 remain valid.

Legal Personality and Continuity of Prosecution (Section 2)

  • The PCGG gains legal personality to continue prosecuting all pending behest loan cases previously filed by the abolished Committee.
  • PCGG is empowered to initiate and prosecute any future related legal actions.

Authority to Require Assistance (Section 3)

  • PCGG may compel any government department, agency, office, or employee to assist in performing its functions.

Effectivity (Section 4)

  • The Executive Order takes effect immediately upon issuance on May 26, 2005.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.