EXECUTIVE ORDER NO. 12
EXECUTIVE ORDER NO. 12 - CREATING
THE PRESIDENTIAL ANTI-GRAFT COMMISSION AND PROVIDING FOR ITS POWERS,
DUTIES AND FUNCTIONS AND FOR OTHER PURPOSES
WHEREAS,
Article VII, Section 17 of the Constitution provides that the President
shall have control of all the executive departments, bureaus, and
offices;
WHEREAS, in terms of personnel and funding, the Executive Department is
the largest of the three branches of government;
WHEREAS, there is a need for a commission under the Office of the
President, to conduct the task of investigating and hearing
administrative cases and complaints against personnel in the Executive
Department;
WHEREAS, by virtue of Executive Order No. 268 dated July 18, 2000, the
Presidential Commission Against Graft and Corruption was abolished and
replaced with the National Anti-Corruption Commission;
WHEREAS, the National Anti-Corruption Commission was never activated;
WHEREAS, there is a. need to create a new Commission to assist the
President in the campaign against graft and corruption, whose
jurisdiction and authority are clearly defined;
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the
Philippines, by virtue of the powers vested in me by the Constitution
and the laws, do hereby order:
Section 1. Creation. — The Presidential Anti-Graft
Commission, hereinafter referred to as the “Commission”, is hereby
created under the Office of the President, pursuant to Article VII,
Section 17 of the Constitution.
Sec. 2. Composition. — The Commission shall be
composed of a Chairman and two (2) Commissioners to be appointed by the
President. All the members of the Commission shall serve on a full-time
basis and a majority shall be members of the Philippine Bar. The
Chairman shall have the rank, emoluments and privileges of a
Presidential Assistant II. The Commissioners, on the other hand, shall
have the rank, emoluments and privileges of a Presidential Assistant I.
The Chairman shall preside over the meetings of the Commission and
shall direct and supervise the implementation and execution of
policies, standards rules and regulations.
Sec. 3. Secretariat. — The Commission shall have a
Secretariat which shall provide technical and administrative support to
the Commission and shall be headed by an Executive Director. The
Executive Director, under the control and supervision of the Chairman,
shall execute and administer the policies and decisions of the
Commission and manage the day-to-day operations thereof. The Executive
Director shall be appointed by the President upon the recommendation of
the Chairman. The Chairman shall have the authority to appoint,
promote, and discipline the personnel of the Secretariat.
The Commission, subject to pertinent laws, rules and regulations, may
create, organize and set in operation such organizational units for the
enforcement of this Executive Order. Such units shall be staffed by
duly qualified personnel appointed by the Chairman and those detailed
to the Commission by other government entities.
The Commission shall be exempt from the prohibition against hiring of
new personnel prescribed in Administrative Order No. 100 dated December
1, 1999 with regard to its initial appointments provided that the
organizational structure and staffing pattern of the Secretariat shall
be prepared in coordination with the Department of Budget and
Management and submitted to the President for approval.
Sec. 4. Jurisdiction, Powers and Functions. —
(a)
The Commission, acting as a collegial body, shall, on its own or on
complaint, have the power to investigate or hear administrative cases
or complaints involving the possible violation of any of the following:
(1)
Republic Act No. 3019 as amended, otherwise known as the “Anti-Graft
and Corrupt Practices Act;”
(2) Republic
Act No. 1379 on the unlawful acquisition of property by a public
officer or employee;
(3) Republic
Act No. 6713, otherwise known as the “Code of Conduct and Ethical
Standards for Public Officials and Employees;”
(4)
Presidential Decree No. 46, making it punishable for public officials
and employees to receive gifts on any occasion, including Christmas;
(5) Any
provision under Title Seven, Book Two of the Revised Penal Code; and
(6) Rules and
regulations duly promulgated by competent authority to implement any of
the foregoing laws or issuances.
(b) The
Commission, acting as a collegial body, shall have the authority to
investigate or hear administrative cases or complaints against all
presidential appointees in the government and any of its agencies or
instrumentalities (including members of the governing board of any
instrumentality, regulatory agency, chartered institution and directors
or officers appointed or nominated by the President to government-owned
or controlled corporations or corporations where the government has a
minority interest or who otherwise represent the interests of the
government), occupying the position of assistant regional director, or
an equivalent rank, and higher, otherwise classified as Salary Grade
“26” and higher, of the Compensation and Position Classification Act of
1989 (Republic Act No. 6758). In the same manner, the Commission shall
have jurisdiction to investigate a non-presidential appointee who may
have acted in conspiracy or may have been involved with a presidential
appointee or ranking officer mentioned in this subsection. The
Commission shall have no jurisdiction over members of the Armed Forces
of the Philippines and the Philippine National Police.
(c) Anonymous
complaints against a presidential appointee shall not be given due
course unless there appears on its face or the supporting documents
attached to the anonymous complaint a probable cause to engender a
belief that the allegations may be true.
(d) The
Commission shall use every and all reasonable means to ascertain the
facts in each case or complaint speedily and objectively and without
regard to technicalities of law or procedure, in all instances
observing due process.
(e) The
investigation or hearing involving a presidential appointee with the
position of Undersecretary or higher shall be conducted by the
Commission sitting en banc. The investigation or hearing involving a
presidential appointee occupying a lower position may be entrusted to a
Commissioner or panel of hearing officers duly designated by the
Chairman; Provided, however, that the report or recommendations of the
Commissioner or panel of hearing officers who investigated or heard the
administrative case or complaint shall be deliberated upon and reviewed
by the Commission en banc before submitting its report and
recommendations to the President.
Sec. 5. Powers Incidental to Investigation. — The
Commission shall have the power to administer oaths and issue subpoena
ad testificandum and duces tecum. The Commission shall likewise have
the power to call upon and secure the assistance of any office,
committee, commission, bureau, agency, department or instrumentality in
the Executive Branch, including government-owned or controlled
corporations.
During the pendency of its investigation or hearing, the Commission may
recommend to the President the preventive suspension of the respondent
for such periods as may be allowed by law.
Sec. 6. Enforcement of Subpoena. — Upon failure to
comply with a subpoena issued by the Commission or by its authority
without adequate cause, the Commission en banc, on motion or motu
propio, may recommend to the President, after formal charge and
hearing, the suspension or dismissal from the service of the
non-complying government personnel.
Sec. 7. Resignation/Retirement of Respondent. —
The resignation or retirement of the public officer under investigation
shall not divest the Commission of jurisdiction to continue the
investigation or hearing and submit its recommendations to the
President as to the imposition of accessory penalties or such other
action to be taken.
Sec. 8. Submission of Report and Recommendations.
— After completing its investigation or hearing, the Commission en banc
shall submit its report and recommendations to the President. The
report and recommendations shall state, among others, the factual
findings and legal conclusions, as well as the penalty recommended to
be imposed or such other action that may be taken.
Sec. 9. Referral to Other Government Units. —
Whenever the Commission deems it warranted and necessary, it may refer
for appropriate action any case to the Office of the Ombudsman, or any
other office, committee, commission, bureau, agency, department,
instrumentality or branch of the government, including government-owned
or controlled corporations.
Sec. 10. Measures to Prevent and Minimize Graft
and Corruption. — The Commission may conduct studies, on its own or in
cooperation with other government agencies or non-governmental
organizations, on new measures to prevent and minimize the
opportunities for graft and corruption at all levels of the bureaucracy.
Sec. 11. Consultant and Deputies. — The Chairman
may engage the services of qualified consultants and/or deputies, from
the public or private sector, subject to pertinent laws, rules and
regulations.
Sec. 12. Reports. — At least thirty (30) days
before the opening of each session of Congress, the Commission shall
submit to the President:
(a)
A list of respondents whom it has investigated, together with its
recommendations, and other data or information it may deem necessary to
be included;
(b) A list of
respondents whom it is investigating, the status of the investigation,
as well as other data or information it may deem necessary to be
included; and
(c) Such other
report or recommendation which is germane to any provision or purpose
of this Executive Order as may be required by the President.
Sec. 13. Disclosures. — The Commission shall not
disclose or make public any record or information in connection with
any investigation or hearing when such disclosure would deprive the
respondent of his right to a fair and impartial adjunction. All the
disclosures of the Commission relating to an administrative case or
complaint shall be balanced, fair, and accurate.
Sec. 14. Continued Performance of PCAGC. — Until
the members of the Commission have been duly appointed, the
Presidential Commission Against Graft and Corruption (PCAGC) shall
continue to perform its powers, duties and functions under Executive
Order Nos. 151 and 151-A both series of 1994, with respect only to
cases already pending before it.
Sec. 15. Transfer of PCAGC Officers and Personnel.
— The officers and personnel of the PCAGC may be transferred and
appointed to such positions in the Commission for which they are deemed
qualified.
Sec. 16. Transfer of PCAGC Funds, etc. — The
funds, records, equipment, furnitures and other properties of the PCAGC
shall be transferred to the Commission.
Sec. 17. Rules and Regulations. — The Commission
shall promulgate or adopt its rules and regulations for the effective
implementation of this Executive Order.
Sec. 18. Funding. — The Commission shall have a
budget of EIGHTEEN MILLION TWO HUNDRED SIXTY THREE THOUSAND PESOS
(P18,263.000.00) drawn against the budget appropriated for the National
Anti-Corruption Commission. Any additional funding requirement shall be
determined in coordination with the Department of Budget and Management
and shall be submitted to the Office of the President for approval.
Sec. 19. Repeal. — Executive Orders Nos. 151 and
151-A, dated January 11, 1994 and January 21, 1994 respectively, which
created the PCAGC, are hereby repealed. Executive Order No. 268, dated
July 18, 2000, which created the National Anti-Corruption Commission,
is also hereby repealed. All other issuances, orders, rules and
regulations, or parts thereof inconsistent with this Executive Order
are hereby repealed or modified accordingly.
Sec. 20. Effectivity. — This Executive Order shall
take effect immediately upon approval.
Adopted: 16 April 2001
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