ORDER NO. 268
THE NATIONAL ANTI-CORRUPTION COMMISSION AND ABOLISHING THE PRESIDENTIAL
COMMISSION AGAINST GRAFT AND CORRUPTION CREATED UNDER EXECUTIVE ORDER
S. 1994, AS AMENDED.
Whereas, it has always been the avowed policy of the State, as
in the constitutional principle that a public office trust, to promote
and maintain honesty and integrity in public service and to repress
of public officers and private persons alike which constitute graft and
corrupt practices or which may lead thereto;
Whereas, corrupt practices at all levels of the government are
in the past, have branched out and syndicated in the executive,
and judicial branches of the government, and have become more serious
complicated with the involvement of several mass media practitioners in
Whereas, despite the existence of many laws against graft and
and the agencies legally and/or constitutionally mandated to enforce
laws, corruption remains prevalent and at times criminally aggressive
posing a very serious problem to the country and threat to the moral
of the Philippine society;
Whereas, the present Administration seriously wants to put an end
graft and corruption which poses a very dangerous threat to the moral
political existence of the Philippines as a nation; Whereas, new and
administrative mechanism designed to eradicate corruption and implement
state of policy at the national level for the prevention and control of
corruption are therefore imperative and needs to be urgently
Now, therefore, I, Joseph Ejercito Estrada, President of the
by virtue of the powers vested in me by the Constitution, do hereby
Section 1. Organization. - There is hereby created a
Anti-Corruption Commission, hereinafter referred to as the Commission,
to implement and coordinate policy at the national level for the
control of and ultimately elimination of graft and corrupt practices at
all levels of government by public officers and private persons alike.
Acts or omissions constituting graft and corrupt practices shall be as
defined by Republic
Act No. 3019, as amended, or as declared unlawful by other existing
laws. The Presidential Commission Against Graft and Corruption created
and provided for under Executive Order No. 151 dated 11 January 1994,
amended, is hereby abolished
Sec. 2. Composition of the Commission. - The Commission
be headed by a full-time Chairman, who shall be assisted by four (4)
Commissioners. They shall be appointed by the President from a list of
nominees, known and recognized for moral uprightness, probity and
proven competence and recognized expertise in their fields related as
as possible to the functions of the Commission as cited in this
Order. All five (5) of them shall be drawn from the public and private
The Chairman shall have the rank, emoluments, and privileges of a
Secretary, or its equivalent. The Commissioners, on the other hand,
have the rank, emoluments, and privileges of an Undersecretary or its
In no case shall any member of the Commission appoint representatives
act on his behalf.
Sec. 3. The Secretariat. - The Commission shall be initially
by an interim secretariat placed as its disposal by the Development
of the Philippines thereinafter “DAP”. DAP interim
shall serve as such until a regular organic secretariat shall have been
organized by the Commission. The secretariat, interim and regular,
also be composed of individuals of known moral probity and dedication
The Secretariat shall provide technical and administrative support to
Commission and shall be headed by an Executive Director.
The Executive Director shall be appointed by the Chairman. He or she
interalia execute and administer the policies and decisions of the
attend the Commission’s deliberations, monitor the implementation of
programs thereof, and manage the day-to-day operations thereof.
In filling the positions for the interim secretariat of the Commission,
the employees of the abolished Presidential Commission Against Graft
Corruption (PCAGC) may be considered provided that they are especially
qualified and have demonstrated moral probity and dedication to public
service without interruption of continued government service.
PCAGC employees who will not be reconsidered shall be entitled to
and retirement benefits provided under RA 8291, otherwise known as The
GSIS Act of 1997, and other existing retirement rules and laws.
Sec. 4. Functions of the Commission. - The Commission
perform the following functions:chanroblesvirtuallawlibrary
Formulate and implement national anti-corruption framework and program
strategies and a corresponding action agenda of the government in
with government agencies, private sector, and civil society
Implement and coordinate policies aimed at preventing and combating
at all levels in the government and preventing conflicts of interest;
Undertake policy analysis and shepherd the passage of appropriate
geared towards the prevention, control, and elimination of corruption
submission to and consideration by the President, who shall certify to
Congress as urgent appropriate legislative proposals that are vital to
Monitor the performance of government agencies in the implementation of
the action agenda, provide policy advise thereto, and establish a
database for these purposes;
Identify and investigate shortcomings and weaknesses in the
and management of public administrators and enterprises that could
the commission of acts and misconduct covered by the existing laws
graft and corruption and advise government departments/agencies,
and local government units on anti-corruption strategies and procedures
Pre-screen and clear appointees to be confirmed by the Commission on
upon request of the President.
Conduct sustained information and education drives aimed at preventing
corruption and public misconduct;
specialized training of staff members of the Commission and
of private sector and civil society in the prevention, investigation,
prosecution of graft and corrupt practices;
Centralize information regarding acts and misconduct communicated to it
by the policy services and public authorities and by persons
for auditing the accounts or sent to it by private individuals;
Investigate or hear, motu propio or on complaint filed with it in any
or manner, charges, reports, or information involving the possible
of graft and corrupt practices at all levels in government by public
and private persons alike
Endorse to the Office of the Ombudsman or the Department of Justice for
prosecution, any matter that the Commission, after investigation upon
by any person or at its own instance, shall find to constitute graft
Forward to judicial authorities any records, documents or information
its possession that the latter shall request in the course of hearing
deciding acts that may constitute graft and corrupt practices;
Render a periodic report on the progress of the anti-corruption program
to the President, Congress and the general public, with the end in view
of providing all sectors a balanced and objective report on graft and
Absorb the functions and exercise the jurisdiction and powers of the
Commission Against Graft and Corruption created and provided for under
Executive Order No. 151, dated January 11, 1994, which for this
is hereby abolished.
Sec. 5. Powers of the Commission. -
The Commission shall have the following powers: The Commission is
granted the powers of an investigating body under Section 37, Chapter
Book I of the Administrative Code of 1987 including the power to summon
witnesses, administer oaths, take testimony or evidence relevant to its
investigation, and to issue compulsory process to produce documents,
records and such other matters in the performance of its functions.
person who, without lawful excuse, rails to appear upon summons issued
under the authority of the preceding paragraph or who, appearing before
the Commission, refuses to take oaths, give testimony or produce
for inspection, when thereunto lawfully required, shall be subject to
as in the case of contempt of court upon application of the Commission
before the proper court, in the manner provided by law.
The Commission may, in coordination with the Commission on Elections
verify the observance of the ceiling on electoral expenditure and the
of the election campaign accounts, assist in the investigation of
and massive electoral fraud and monitor the actions of the different
of canvassers during elections.
The Commission may examine the execution of public contracts as to both
tendering and results.
The Commission may verify that award of public works and supply
and the assignment of operations by the public authorities are
in a proper and honest matter.
Commission may undertake a lifestyle check on any public
In this regard, the Commission:chanroblesvirtuallawlibrary
May request copies of statement of asset and liabilities and income tax
return of any person holding public office;
May require a person holding public office to reveal the source of his
property, wealth, assets and interests, as well as those of his or her
spouse, departments and relatives, in accordance with law;
May require submission, by the person acting as its depository of the
of declarations of gift received by person holding public offices;
In case of reasonable suspicion regarding the above, the Commission may
seek to establish the reliability of such declarations in cooperation
relevant national bodies.
The Commission may seek the cooperation of the private sector, civil
and other bodies (local and international) undertake anti-graft and
The Commission shall coordinate with the Inter-agency Anti-Graft
Body for the purpose of effectively implementing this Executive Order.
Sec. 6. Offenses
covered. - For the purposes of this Executive Order, the
shall have jurisdiction to investigate possible violations of any of
Republic Act No. 3019, as amended, otherwise known as the “Anti-Graft
and Corrupt Practices Act”;
The provisions of Republic
Act No. 1379 on the lawful acquisition of property by a public
No. 6713, otherwise known as the “Code
of Conduct and Ethical Standards for Public Officials and Employees”;
Section 46 (b) (1) to (6), Book V, Subtitle A, Chapter 6 of Executive
Order No. 292, series of 1987, otherwise known as the “Administrative
Code of 1987”;
Any provision under Title Seven of the Revised
Penal Code on Crimes Committed by Public Officers;
Executive Order No. 226, series of 1995;
Any other relevant law, executive orders, rules and regulations.
Sec. 7. The Commission shall promulgate or adopt its rules of procedure
for the effective implementation of this Order.
Sec. 8. Total support of other government units. - The
may call upon any government investigative and prosecutorial agencies,
including the National Bureau of Investigation and the Philippine
Police, to make available their offices, personnel and facilities to
the objectives of this Executive Order. The departments, bureaus,
agencies, or instrumentalities including government-owned and
corporations are hereby directed to extend such assistance and
including detail and/or deputization of personnel as the Commission may
need in the discharge of its functions.
Sec. 9. Referral to the Commission. - All offices, committees,
bureaus, departments, and government-owned or controlled corporations
the Executive Department are hereby directed to refer immediately to
Commission any complaint, charge, report, or information of corruption
against presidential appointees and non-presidential appointees
to under section 4 of this Executive Order. Such referral shall include
not only the complaint, report or information but also certified copies
of all relevant and pertinent records of the case.
Sec. 10. Organizational Units and Staffing. - The Commission
create organizational units necessary for the performance of its
subject to relevant laws, rules and regulations. Such units shall be
by duly qualified personnel appointed by the Executive Director upon
of the Chairman.
The Commission is also authorized to engage the services of resource
professionals and other personnel, known for moral uprightness, probity
and independence including a Commission Counsel, Deputy Commission
or such other officials as may be required for the elective performance
of its functions and responsibilities, to fix their duties and
to organize the structure and staffing pattern of the Commission: and
authorize the payment of honoraria and/or allowances for deputized
officers and officials.
The Commission shall be exempted from Administrative Order No. 100,
of 1999. It may hire, at its discretion, new personnel whether on a
temporary, substitute, contractual, or casual status.
Sec. 11. Compensation. - The Commission shall prepare its
schedule in consultation with the Department of Budget and Management.
Sec. 12. Transitory Provisions. - The interim secretariat
to under Section 3 of this Executive Order shall establish the regular
secretariat and ensure the orderly transition to the Commission within
one (1) year upon approval of this Executive Order.
All the records, facilities, equipment, property, rights, and such
things arising from and incidental to the creation of the Presidential
Commission Against Graft and Corruption are hereby transferred to the
Sec. 13. Appropriations. - The Commission shall have an initial
budget of forty million pesos (P40,000,000.00) which shall partly be
from the remaining budget of the abolished Presidential Commission
Graft and Corruption and from the Organizational Adjustment Fund.
for the succeeding years shall be incorporated in the budget proposal
the Office of the President.
Sec. 14. Repealing Clause. - All orders, issuances, rules
and regulations or parts thereof inconsistent with this Executive Order
are hereby repealed or modified accordingly.
Sec. 15. Effectivity. - This Executive Order shall take effect
Done in the City of Manila, this 18th of July, in year of Our Lord, two