EXECUTIVE
ORDER NO. 268 CREATING
THE NATIONAL ANTI-CORRUPTION COMMISSION AND ABOLISHING THE PRESIDENTIAL
COMMISSION AGAINST GRAFT AND CORRUPTION CREATED UNDER EXECUTIVE ORDER
151,
S. 1994, AS AMENDED.
Whereas, it has always been the avowed policy of the State, as
enshrined
in the constitutional principle that a public office trust, to promote
and maintain honesty and integrity in public service and to repress
acts
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
rooted
in the past, have branched out and syndicated in the executive,
legislative
and judicial branches of the government, and have become more serious
and
complicated with the involvement of several mass media practitioners in
the process;
Whereas, despite the existence of many laws against graft and
corruption,
and the agencies legally and/or constitutionally mandated to enforce
these
laws, corruption remains prevalent and at times criminally aggressive
thereby
posing a very serious problem to the country and threat to the moral
fabric
of the Philippine society;
Whereas, the present Administration seriously wants to put an end
to
graft and corruption which poses a very dangerous threat to the moral
and
political existence of the Philippines as a nation; Whereas, new and
effective
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
established;
Now, therefore, I, Joseph Ejercito Estrada, President of the
Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order
the following:chanroblesvirtuallawlibrary
Section 1. Organization. - There is hereby created a
National
Anti-Corruption Commission, hereinafter referred to as the Commission,
to implement and coordinate policy at the national level for the
prevention,
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,
as
amended, is hereby abolished
Sec. 2. Composition of the Commission. - The Commission
shall
be headed by a full-time Chairman, who shall be assisted by four (4)
full-time
Commissioners. They shall be appointed by the President from a list of
nominees, known and recognized for moral uprightness, probity and
independence,
proven competence and recognized expertise in their fields related as
much
as possible to the functions of the Commission as cited in this
Executive
Order. All five (5) of them shall be drawn from the public and private
sectors.
The Chairman shall have the rank, emoluments, and privileges of a
Cabinet
Secretary, or its equivalent. The Commissioners, on the other hand,
shall
have the rank, emoluments, and privileges of an Undersecretary or its
equivalent.
In no case shall any member of the Commission appoint representatives
to
act on his behalf.
Sec. 3. The Secretariat. - The Commission shall be initially
assisted
by an interim secretariat placed as its disposal by the Development
Academy
of the Philippines thereinafter “DAP”. DAP interim
secretariat
shall serve as such until a regular organic secretariat shall have been
organized by the Commission. The secretariat, interim and regular,
shall
also be composed of individuals of known moral probity and dedication
to
public service.
The Secretariat shall provide technical and administrative support to
the
Commission and shall be headed by an Executive Director.
The Executive Director shall be appointed by the Chairman. He or she
shall
interalia execute and administer the policies and decisions of the
Commission,
attend the Commission’s deliberations, monitor the implementation of
the
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
and
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
separation
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
shall
perform the following functions:chanroblesvirtuallawlibrary
(a)
Formulate and implement national anti-corruption framework and program
strategies and a corresponding action agenda of the government in
consultation
with government agencies, private sector, and civil society
organizations;
(b)
Implement and coordinate policies aimed at preventing and combating
corruption
at all levels in the government and preventing conflicts of interest;
(c)
Undertake policy analysis and shepherd the passage of appropriate
legislation
geared towards the prevention, control, and elimination of corruption
for
submission to and consideration by the President, who shall certify to
Congress as urgent appropriate legislative proposals that are vital to
anti-corruption program;
(d)
Monitor the performance of government agencies in the implementation of
the action agenda, provide policy advise thereto, and establish a
centralized
database for these purposes;
(e)
Identify and investigate shortcomings and weaknesses in the
organization
and management of public administrators and enterprises that could
facilitate
the commission of acts and misconduct covered by the existing laws
against
graft and corruption and advise government departments/agencies,
offices
and local government units on anti-corruption strategies and procedures
for implementation;
(f)
Pre-screen and clear appointees to be confirmed by the Commission on
Appointments
upon request of the President.
(g)
Conduct sustained information and education drives aimed at preventing
corruption and public misconduct;
(h)Organize
specialized training of staff members of the Commission and
representatives
of private sector and civil society in the prevention, investigation,
and
prosecution of graft and corrupt practices;
(i)
Centralize information regarding acts and misconduct communicated to it
by the policy services and public authorities and by persons
responsible
for auditing the accounts or sent to it by private individuals;
(j)
Investigate or hear, motu propio or on complaint filed with it in any
form
or manner, charges, reports, or information involving the possible
violation
of graft and corrupt practices at all levels in government by public
officers
and private persons alike
(k)
Endorse to the Office of the Ombudsman or the Department of Justice for
prosecution, any matter that the Commission, after investigation upon
complaint
by any person or at its own instance, shall find to constitute graft
and
corrupt practices;
(l)
Forward to judicial authorities any records, documents or information
in
its possession that the latter shall request in the course of hearing
and
deciding acts that may constitute graft and corrupt practices;
(m)
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
corruption;
(n)
Absorb the functions and exercise the jurisdiction and powers of the
Presidential
Commission Against Graft and Corruption created and provided for under
Executive Order No. 151, dated January 11, 1994, which for this
purpose,
is hereby abolished.
Sec. 5. Powers of the Commission. -
(a)
The Commission shall have the following powers: The Commission is
hereby
granted the powers of an investigating body under Section 37, Chapter
9,
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,
books,
records and such other matters in the performance of its functions.
Any
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
documents
for inspection, when thereunto lawfully required, shall be subject to
discipline
as in the case of contempt of court upon application of the Commission
before the proper court, in the manner provided by law.
(b)
The Commission may, in coordination with the Commission on Elections
(COMELEC),
verify the observance of the ceiling on electoral expenditure and the
accuracy
of the election campaign accounts, assist in the investigation of
palpable
and massive electoral fraud and monitor the actions of the different
boards
of canvassers during elections.
(c)
The Commission may examine the execution of public contracts as to both
tendering and results.
(d)
The Commission may verify that award of public works and supply
contracts
and the assignment of operations by the public authorities are
conducted
in a proper and honest matter.
(e)The
Commission may undertake a lifestyle check on any public
officer/employee.
In this regard, the Commission:chanroblesvirtuallawlibrary
1.
May request copies of statement of asset and liabilities and income tax
return of any person holding public office;
2.
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;
3.
May require submission, by the person acting as its depository of the
register
of declarations of gift received by person holding public offices;
4.
In case of reasonable suspicion regarding the above, the Commission may
seek to establish the reliability of such declarations in cooperation
with
relevant national bodies.
(f)
The Commission may seek the cooperation of the private sector, civil
society
and other bodies (local and international) undertake anti-graft and
corruption
programs.
(g)
The Commission shall coordinate with the Inter-agency Anti-Graft
Coordinating
Body for the purpose of effectively implementing this Executive Order. Sec. 6. Offenses
covered. - For the purposes of this Executive Order, the
Commission
shall have jurisdiction to investigate possible violations of any of
the
following:chanroblesvirtuallawlibrary
(a)
Republic Act No. 3019, as amended, otherwise known as the “Anti-Graft
and Corrupt Practices Act”;
(b)
The provisions of Republic
Act No. 1379 on the lawful acquisition of property by a public
officer
or employee;
(c)
Republic
Act
No. 6713, otherwise known as the “Code
of Conduct and Ethical Standards for Public Officials and Employees”;
(d)
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”;
(e)
Any provision under Title Seven of the Revised
Penal Code on Crimes Committed by Public Officers;
(f)
Executive Order No. 226, series of 1995;
(g)
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
Commission
may call upon any government investigative and prosecutorial agencies,
including the National Bureau of Investigation and the Philippine
National
Police, to make available their offices, personnel and facilities to
attain
the objectives of this Executive Order. The departments, bureaus,
offices,
agencies, or instrumentalities including government-owned and
controlled
corporations are hereby directed to extend such assistance and
cooperation
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,
commissions,
bureaus, departments, and government-owned or controlled corporations
in
the Executive Department are hereby directed to refer immediately to
the
Commission any complaint, charge, report, or information of corruption
against presidential appointees and non-presidential appointees
referred
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
may
create organizational units necessary for the performance of its
functions,
subject to relevant laws, rules and regulations. Such units shall be
staffed
by duly qualified personnel appointed by the Executive Director upon
approval
of the Chairman.
The Commission is also authorized to engage the services of resource
persons,
professionals and other personnel, known for moral uprightness, probity
and independence including a Commission Counsel, Deputy Commission
Counsel(s)
or such other officials as may be required for the elective performance
of its functions and responsibilities, to fix their duties and
compensation,
to organize the structure and staffing pattern of the Commission: and
to
authorize the payment of honoraria and/or allowances for deputized
detailed
officers and officials.
The Commission shall be exempted from Administrative Order No. 100,
Series
of 1999. It may hire, at its discretion, new personnel whether on a
permanent,
temporary, substitute, contractual, or casual status.
Sec. 11. Compensation. - The Commission shall prepare its
salary
schedule in consultation with the Department of Budget and Management.
Sec. 12. Transitory Provisions. - The interim secretariat
referred
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
other
things arising from and incidental to the creation of the Presidential
Commission Against Graft and Corruption are hereby transferred to the
Commission.
Sec. 13. Appropriations. - The Commission shall have an initial
budget of forty million pesos (P40,000,000.00) which shall partly be
drawn
from the remaining budget of the abolished Presidential Commission
Against
Graft and Corruption and from the Organizational Adjustment Fund.
Appropriations
for the succeeding years shall be incorporated in the budget proposal
for
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
immediately.
Done in the City of Manila, this 18th of July, in year of Our Lord, two
thousand.
By
the President:
Ronaldo
B. Zamora
Executive
Secretary
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