EXECUTIVE ORDER NO. 1
EXECUTIVE ORDER NO. 1 - CREATING
THE PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT
WHEREAS, vast resources of the
government have been amassed by former President Ferdinand E. Marcos,
his immediate family, relatives, and close associates both here and
abroad;
WHEREAS, there is an urgent need to recover all ill-gotten wealth;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, do
hereby order;
Section 1. There is hereby created a Commission, to
be known as the Presidential Commission on Good Government, composed of
Minister Jovito R. Salonga, as Chairman, Mr. Ramon Diaz, Mr. Pedro L.
Yap, Mr. Raul Daza and Ms. Mary Conception Bautista as
Commissioners.
Sec. 2. The Commission shall be charged with the
task of assisting the President in regard to the following matters:
(a)
The recovery of all ill-gotten wealth accumulated by former President
Ferdinand E. Marcos, his immediate family, relatives, subordinates and
close associates, whether located in the Philippines or abroad,
including the takeover or sequestration of all business enterprises and
entities owned or controlled by them, during his administration,
directly or through nominees, by taking undue advantage of their public
office and/or using their powers, authority, influence, connections or
relationship.
(b) The
investigation of such cases of graft and corruption as the President
may assign to the Commission from time to time.
(c) The
adoption of safeguards to ensure that the above practices shall not be
repeated in any manner under the new government, and the institution of
adequate measures to prevent the occurrence of corruption.
Sec. 3. The Commission shall have the power and
authority:
(a)
To conduct investigation as may be necessary in order to accomplish and
carry out the purposes of this order.
(b) To
sequester or place or cause to be placed under its control or
possession any building or office wherein any ill-gotten wealth or
properties may be found, and any records pertaining thereto, in order
to prevent their destruction, concealment or disappearance which would
frustrate or hamper the investigation or otherwise prevent the
Commission from accomplishing its task.
(c) To
provisionally take over in the public interest or to prevent its
disposal or dissipation, business enterprises and properties taken over
by the government of the Marcos Administration or by entities or
persons close to former President Marcos, until the transactions
leading to such acquisition by the latter can be disposed of by the
appropriate authorities.
(d) To enjoin
or restrain any actual or threatened commission of facts by any person
or entity that may render moot and academic, or frustrate, or otherwise
make ineffectual the efforts of the Commission to carry out its tasks
under this order.
(e) To
administer oaths, and issue subpoena requiring the attendance and
testimony of witnesses and/or the production of such books, papers,
contracts, records, statement of accounts and other documents as may be
material to the investigation conducted by the Commission.
(f) To hold
any person in direct or indirect contempt and impose the appropriate
penalties, following the same procedures and penalties provided in the
Rules of Court.
(g) To seek
and secure the assistance of any office, agency or instrumentality of
the government.
(h) To
promulgate such rules and regulations as may be necessary to carry out
the purpose of this order.
Sec. 4. (a) No civil action shall lie against the
commission or any member thereof for anything done or omitted in the
discharge of the task contemplated by this order.
(b) No member or staff of the commission shall be
required to testify or produce in any judicial, legislative or
administrative proceeding concerning matters within its official
cognizance.
Sec. 5. It is hereby directed that, subject to the
availability of funds, the amount of Fifty Million Pesos, or so much
thereof as may be needed to carry out the purposes of this order, be
set aside out of the funds of the National Treasury and made available
for expenditure by the Commission.
Sec. 6. This Executive Order shall take effect
immediately.
Done in the City of Manila,
this twenty-eight day of February, in the year of Our Lord, nineteen
hundred and eighty-six.
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Since 19.07.98.