Republic of the Philippines
MALACAÑANG
ManilaBY THE PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER NO. 1 July 30, 2010
CREATING THE PHILIPPINE TRUTH COMMISSION OF 2010
WHEREAS, Article XI, Section 1 of the 1987 Constitution of the Philippines solemnly enshrines the principle that a public office is a public trust and mandates that public officers and employees, who are servants of the people, must at all times be accountable to the latter, serve them with utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice, and lead modest lives;
WHEREAS, corruption is among the most despicable acts of defiance of this principle and notorious violation of this mandate;
WHEREAS, corruption is an evil and scourge which seriously affects the political, economic, and social life of a nation; in a very special way it inflicts untold misfortune and misery on the poor, the marginalized and underprivileged sector of society;
WHEREAS, corruption in the Philippines has reached very alarming levels, and undermined the people's trust and confidence in the Government and its institutions;
WHEREAS,...
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Executive Orders
Creating the Philippine Truth Commission of 2010
Executive Order No. 1
Summary of Executive Order No. 1 (2010)
Creation of the Philippine Truth Commission of 2010 (Section 1)
- Seeks and finds the truth on reports of graft and corruption of a large scale during the previous administration.
- Investigates public officers and employees, their co-principals, accomplices and accessories from the private sector.
- Recommends appropriate action to ensure justice.
- Composed of a Chairman and four members as an independent collegial body.
Powers and Functions (Section 2)
- Has all powers of an investigative body under the Administrative Code of 1987.
- Identifies and determines reported cases of graft and corruption to investigate.
- Collects, receives, reviews, and evaluates evidence related to the cases.
- Requires agencies, officials, or employees of the Executive Branch to produce documents.
- Obtains information and documents from the Senate, House of Representatives, and courts.
- Invites or subpoenas witnesses and takes their testimonies under oath.
- Recommends the use of state witnesses to ensure justice.
- Turns over evidence to prosecutorial authorities for expeditious prosecution.
- Calls upon government investigative or prosecutorial agencies for assistance.
- Engages or contracts services of resource persons, professionals, and other personnel.
- Promulgates rules and regulations for conducting investigations, proceedings, and hearings.
- Exercises other acts necessary to achieve the objectives and purposes.
Staffing Requirements (Section 3)
- Assisted by necessary assistants and personnel.
- Formulates and establishes organizational structure and staffing pattern.
- Includes officials such as General Counsel, Deputy General Counsel, Special Counsel, and Clerk of the Commission.
Detail of Employees (Section 4)
- The President details public officers or personnel from other departments or agencies as required by the Commission.
- Detailed officers and personnel may be paid honoraria and/or allowances as authorized by law.
Engagement of Experts (Section 5)
- The Commission has the power to engage the services of experts as consultants or advisers as deemed necessary.
Conduct of Proceedings (Section 6)
- Proceedings shall be in accordance with the rules promulgated by the Commission.
- Hearings or proceedings shall be open to the public, except for matters of national security, public safety, or personal safety of witnesses.
- The Commission shall provide rules for executive or closed-door hearings.
Right to Counsel of Witnesses/Resource Persons (Section 7)
- Any person called to testify before the Commission shall have the right to counsel at any stage of the proceedings.
Protection of Witnesses/Resource Persons (Section 8)
- The Commission shall assure the safety of persons called to testify and make arrangements to secure assistance and cooperation from the Philippine National Police and other appropriate government agencies.
Refusal to Obey Subpoena, Take Oath or Give Testimony (Section 9)
- Government officials or personnel who fail to appear upon subpoena, refuse to take oath or give testimony, or produce documents shall be subject to administrative disciplinary action.
- Private persons who do the same may be dealt with in accordance with law.
Duty to Extend Assistance to the Commission (Section 10)
- Government departments, bureaus, offices, agencies, or instrumentalities, including government-owned and controlled corporations, are directed to extend assistance and cooperation to the Commission.
- Refusal to extend assistance or cooperation without valid reason shall constitute a ground for disciplinary action.
Budget for the Commission (Section 11)
- The Office of the President shall provide the necessary funds to ensure the Commission can exercise its powers, execute its functions, and perform its duties and responsibilities effectively, efficiently, and expeditiously.
Office (Section 12)
- The Commission may avail itself of office space in government buildings accessible to the public or lease space from private owners.
Furniture/Equipment (Section 13)
- The Commission shall be entitled to use equipment or furniture from the Office of the President, or request for the purchase of such furniture or equipment.
Term of the Commission (Section 14)
- The Commission shall accomplish its mission on or before December 31, 2012.
Publication of Final Report (Section 15)
- On or before December 31, 2012, the Commission shall render a comprehensive final report, which shall be published upon directive of the President.
- Prior to the final report, the Commission may publish special interim reports from time to time upon directive of the President.
Transfer of Records and Facilities of the Commission (Section 16)
- Upon completion of its work, the records, equipment, furniture, and other properties acquired by the Commission shall be returned to the Office of the President.
Special Provision Concerning Mandate (Section 17)
- If the President deems it necessary, the mandate of the Commission may be expanded to include the investigation of cases and instances of graft and corruption during prior administrations through a supplemental Executive Order.
Separability Clause (Section 18)
- If any provision of this Order is declared unconstitutional, it shall not affect the validity and effectivity of the other provisions.
Effectivity (Section 19)
- This Executive Order shall take effect immediately.
Creation of the Philippine Truth Commission of 2010 (Section 1)
- Seeks and finds the truth on reports of graft and corruption of a large scale during the previous administration.
- Investigates public officers and employees, their co-principals, accomplices and accessories from the private sector.
- Recommends appropriate action to ensure justice.
- Composed of a Chairman and four members as an independent collegial body.
Powers and Functions (Section 2)
- Has all powers of an investigative body under the Administrative Code of 1987.
- Identifies and determines reported cases of graft and corruption to investigate.
- Collects, receives, reviews, and evaluates evidence related to the cases.
- Requires agencies, officials, or employees of the Executive Branch to produce documents.
- Obtains information and documents from the Senate, House of Representatives, and courts.
- Invites or subpoenas witnesses and takes their testimonies under oath.
- Recommends the use of state witnesses to ensure justice.
- Turns over evidence to prosecutorial authorities for expeditious prosecution.
- Calls upon government investigative or prosecutorial agencies for assistance.
- Engages or contracts services of resource persons, professionals, and other personnel.
- Promulgates rules and regulations for conducting investigations, proceedings, and hearings.
- Exercises other acts necessary to achieve the objectives and purposes.
Staffing Requirements (Section 3)
- Assisted by necessary assistants and personnel.
- Formulates and establishes organizational structure and staffing pattern.
- Includes officials such as General Counsel, Deputy General Counsel, Special Counsel, and Clerk of the Commission.
Detail of Employees (Section 4)
- The President details public officers or personnel from other departments or agencies as required by the Commission.
- Detailed officers and personnel may be paid honoraria and/or allowances as authorized by law.
Engagement of Experts (Section 5)
- The Commission has the power to engage the services of experts as consultants or advisers as deemed necessary.
Conduct of Proceedings (Section 6)
- Proceedings shall be in accordance with the rules promulgated by the Commission.
- Hearings or proceedings shall be open to the public, except for matters of national security, public safety, or personal safety of witnesses.
- The Commission shall provide rules for executive or closed-door hearings.
Right to Counsel of Witnesses/Resource Persons (Section 7)
- Any person called to testify before the Commission shall have the right to counsel at any stage of the proceedings.
Protection of Witnesses/Resource Persons (Section 8)
- The Commission shall assure the safety of persons called to testify and make arrangements to secure assistance and cooperation from the Philippine National Police and other appropriate government agencies.
Refusal to Obey Subpoena, Take Oath or Give Testimony (Section 9)
- Government officials or personnel who fail to appear upon subpoena, refuse to take oath or give testimony, or produce documents shall be subject to administrative disciplinary action.
- Private persons who do the same may be dealt with in accordance with law.
Duty to Extend Assistance to the Commission (Section 10)
- Government departments, bureaus, offices, agencies, or instrumentalities, including government-owned and controlled corporations, are directed to extend assistance and cooperation to the Commission.
- Refusal to extend assistance or cooperation without valid reason shall constitute a ground for disciplinary action.
Budget for the Commission (Section 11)
- The Office of the President shall provide the necessary funds to ensure the Commission can exercise its powers, execute its functions, and perform its duties and responsibilities effectively, efficiently, and expeditiously.
Office (Section 12)
- The Commission may avail itself of office space in government buildings accessible to the public or lease space from private owners.
Furniture/Equipment (Section 13)
- The Commission shall be entitled to use equipment or furniture from the Office of the President, or request for the purchase of such furniture or equipment.
Term of the Commission (Section 14)
- The Commission shall accomplish its mission on or before December 31, 2012.
Publication of Final Report (Section 15)
- On or before December 31, 2012, the Commission shall render a comprehensive final report, which shall be published upon directive of the President.
- Prior to the final report, the Commission may publish special interim reports from time to time upon directive of the President.
Transfer of Records and Facilities of the Commission (Section 16)
- Upon completion of its work, the records, equipment, furniture, and other properties acquired by the Commission shall be returned to the Office of the President.
Special Provision Concerning Mandate (Section 17)
- If the President deems it necessary, the mandate of the Commission may be expanded to include the investigation of cases and instances of graft and corruption during prior administrations through a supplemental Executive Order.
Separability Clause (Section 18)
- If any provision of this Order is declared unconstitutional, it shall not affect the validity and effectivity of the other provisions.
Effectivity (Section 19)
- This Executive Order shall take effect immediately.