EXECUTIVE ORDER NO. 268
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 is a public 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 PhilPhilippine
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 PhilPhilippines as a nation;
WHEREAS, new and effective administrative mechanisms designed to
eradicate corruption and implement state 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
PhilPhilippines, by virtue of powers vested in me by the Constitution,
do hereby order the following:
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 in 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 at its disposal by
the Development Academy of the PhilPhilippines (hereinafter “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 inter alia 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 filing 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.
a.
Formulate and implement a 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 the 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. — The Commission
shall have the following powers:
a.
The Commission is hereby granted the powers of an investigating body
under Sec. 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, fails 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 manner.
e. The
Commission may undertake a lifestyle check on any public
officer/employee. In this regard, the Commission:
1.
May request for 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 gifts received by persons 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 purposes of this
Executive Order, the Commission shall have jurisdiction to investigate
possible violations of any of the following:
(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 unlawful 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) Sec. 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 or 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 and
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 Sec. 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 effective 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 Sec. 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, equipments, 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 day of July, in the year of Our Lord, Two Thousand.
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Since 19.07.98.