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ADMINISTRATIVE ORDERS

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ADMINISTRATIVE ORDER NO. 13

ADMINISTRATIVE ORDER NO. 13 - CREATING A PRESIDENTIAL AD HOC FACT-FINDING COMMITTEE ON BEHEST LOANS

WHEREAS, Sec. 28 Article II of the 1887 Constitution provides that subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest";

WHEREAS, Sec. 15 Article XI of the 1987 Constitution provides that "The right of the state to recover properties unlawfully required by public officials or employees, from them or from their nominees or transferees, shall not be barred by prescription, laches or estoppel";

WHEREAS, there have been allegations of loans, guarantees, and other forms of financial accommodations granted, directly or indirectly by government-owned or controlled bank or financial institutions at the behest, command, or urging by previous government and the Filipino people;

ACCORDINGLY, an "Ad Hoc FACT FINDING COMMITTEE ON BEHEST LOANS" is hereby created to be composed of the following:

Chairman of the Presidential
Commission on Good Government Chairman
The Solicitor General Vice-Chairman
Representative from the
Office of the Executive Secretary Member
Representative from the
Department of Finance Member
Representative from the
Department of Justice Member
Representative from the
Development Bank of the Philippines Member
Representative from the
Philippine National Bank Member
Representative from the
Asset Privatization Trust Member
Government Corporate Counsel Member

The Ad-Hoc Committee shall perform the following functions:

1.  Inventory all behest loans; identify the lenders and borrowers, including the principal officers and stockholders of the borrowing firms, as well as the persons responsible for granting the loans or who influenced the grant thereof;

2.  Identify the borrowers who were granted "friendly waivers", as will as the government officials who granted these waivers; determine the validity of these waivers;

3. Determine the courses of action that the government should take to recover those loans, and to recommend appropriate actions to the office of the President within sixty (60) days from the date hereof.

The Committee in hereby empowered to call upon any department, bureau, office, agency, instrumentality or corporation of the government or any officer or employee thereof, for such assistance as its may need in the discharge of its functions.

This Administrative Order shall take effect immediately.

DONE in Manila, Philippines, this 8th day of October, in the year of Our Lord , Nineteen hundred and Ninety-two.

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Since 19.07.98.