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.