EXECUTIVE ORDER NO. 151 - CREATING A PRESIDENTIAL COMMISSION TO INVESTIGATE ADMINISTRATIVE COMPLAINTS INVOLVING GRAFT AND CORRUPTION

WHEREAS, the eradication of graft and corruption has always been a major goal of the government;

WHEREAS, despite the existence of laws against graft and corruption, and the agencies legally and/or constitutionally mandated enforce these laws, corruption remains prevalent and poses a very serious problem to the country;

WHEREAS, minimizing graft and corruption is imperative if Philippines 2000 is to be realized;

WHEREAS, creating a Presidential Commission Against Graft and Corruption specifically tasked to (a) investigate presidential appointees charged with graft and corruption; (b) coordinate efforts toward the eradication of opportunities favorable to the commission of graft and corruption, and the expeditious prosecution and resolution of pending graft and corruption cases against officials in the executive department; and (c) monitor the implementation of the “Moral Recovery Program” under Proclamation No. 62, dated 30 September 1992, with emphasis on the family, school, church and media as instruments for moral regeneration, will effectively demonstrate the political will of this administration to curb graft and corruption in this country;

WHEREAS, the President, under both the Constitution and the Administrative Code of 1987, has control of all the executive departments, bureaus and offices, and is mandated to ensure that the laws are faithfully executed; and

WHEREAS, Presidential appointees are subject to the disciplinary authority of the President.

NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:

Section 1. Organization. — There is hereby constituted a Presidential Commission Against Graft and Corruption, hereinafter called the “Commission”, under the Office of the President.

Sec. 2. Composition. — The Commission shall be composed of a Chairman and two (2) Members to be appointed or designated by the President.

Sec. 3. Jurisdiction. — The Commission shall have jurisdiction over all administrative complaints involving graft and corruption filed in any form or manner against presidential appointees, including those in government-owned or controlled corporations.  

Sec. 4. Powers, Functions, and Duties. — The Commission shall have the following powers, functions and duties:

(a) Investigation — The Commission shall have the power to investigate administrative complaints against presidential appointees in the executive department of the government, including those in government-owned or controlled corporations, charged with graft and corruption. In the exercise thereof, the Commission is (1) authorized to summon witnesses, administer oaths, or take testimony or evidence relevant to the investigation by subpoena ad testificandum and subpoena duces tecum, and do such other acts necessary and incidental to the discharge of its function and duty to investigate the said administrative complaints; and (2) empowered to call upon and secure the assistance of any department, bureau, office, agency, or instrumentality of the government, including government-owned or controlled corporations.

The Commissions shall confine itself to cases of graft and corruption involving one or a combination of the following criteria:

1. Presidential appointees with the rank equivalent to or higher than an Assistant Regional Director;

2. The amount involved is at least Ten Million Pesos (P10,000,000.00);

3. Those which threaten grievous harm or injury to the national interest; and

4. Those which may be assigned to it by the President.

The Commission may refer to the Office of the Ombudsman, when warranted and necessary, any case calling for the investigation and/or prosecution of the party or parties concerned for violation of anti-graft and corruption laws.

(b) Coordination — The Commission shall coordinate with different government agencies for the purpose of eradicating opportunities and the climate favorable to the commission of graft and corruption.

The Commission shall also perform its coordinate functions for the purpose of expediting resolutions of pending cases or complaints involving graft and corruption filed against public officials, and causing the expeditious prosecution of criminal and other cases involving the offering of inducements, rewards and other benefits by parties outside of the government.

(c) Monitoring — It shall be the duty of the Commission to monitor, along with the KABISIG People’s Movement national Operations Center, the implementation of the “Moral Recovery Program” under Proclamation No. 62, dated 30 September 1992, with emphasis on the family, school, church, and media as instruments of moral regeneration.

The Commission shall assist the Council of Advisers on Moral Recovery and recommend possible courses of action which the President may undertake.

Sec. 5. Technical and Administrative Staff . — The Commission shall organize its Technical and Administrative Staff to be headed by an Executive Director who shall be designated by the President upon the recommendation of the Commission. The Technical Staff shall be composed of personnel designated by the Chairman and those detailed to the Commission by the different agencies called to assist the Commission.  

Sec. 6. Operating Guidelines. — The Commission shall adopt such operating guidelines as may be necessary to implement this Executive Order.

Sec. 7. Funding. — The Commission shall be provided with an initial budget in the amount of Ten Million Pesos (10,000.00) to be drawn from the President’s contingent fund. Appropriations for the succeeding years shall be incorporated in the budget proposal for the Office of the President.

Sec. 8. Effectivity. — This Executive Order shall take effect immediately.

DONE in the City of Manila, this 11th day of January, in the year of Our Lord, Nineteen Hundred and Ninety-Four.
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Since 19.07.98.