Creating The Presidential Anti-Graft Commission And Providing For Its Powers, Duties And Functions And For Other Purposes

Case Overview and Summary

Summary of Executive Order No. 12 (April 16, 2001)

Creation of the Presidential Anti-Graft Commission
- Section 1: The Presidential Anti-Graft Commission (the "Commission") is created under the Office of the President.

Composition of the Commission
- Section 2: The Commission is composed of a Chairman and two Commissioners appointed by the President.
- All members shall serve full-time, 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 shall have the rank, emoluments, and privileges of a Presidential Assistant I.

Secretariat of the Commission
- Section 3: The Commission shall have a Secretariat headed by an Executive Director appointed by the President.
- The Chairman shall appoint, promote, and discipline the Secretariat personnel.
- The Commission may create organizational units and hire personnel, subject to coordination with the Department of Budget and Management.

Jurisdiction, Powers, and Functions
- Section 4(a): The Commission shall investigate or hear administrative cases involving violations of:
    - Anti-Graft and Corrupt Practices Act (R.A. No. 3019)
    - Unlawful acquisition of property by public officers (R.A. No. 1379)
    - Code of Conduct for Public Officials (R.A. No. 6713)
    - Receiving gifts by public officials (P.D. No. 46)
    - Crimes under Title Seven, Book Two of the Revised Penal Code
    - Related rules and regulations
- Section 4(b): The Commission has jurisdiction over presidential appointees with the rank of Assistant Regional Director (Salary Grade 26) and higher, except members of the Armed Forces and Philippine National Police.
- Section 4(c): Anonymous complaints against presidential appointees shall not be given due course unless there is probable cause.
- Section 4(d): The Commission shall use reasonable means to ascertain facts speedily and objectively, observing due process.
- Section 4(e): Cases involving Undersecretaries and higher shall be heard by the Commission en banc, while lower-ranking officials may be heard by a Commissioner or panel of hearing officers.

Powers Incidental to Investigation
- Section 5: The Commission can administer oaths, issue subpoenas, and secure assistance from Executive agencies.
- The Commission may recommend preventive suspension of respondents during the investigation.

Enforcement of Subpoena
- Section 6: The Commission may recommend suspension or dismissal of non-complying government personnel after formal charge and hearing.

Resignation/Retirement of Respondent
- Section 7: The Commission retains jurisdiction even if the respondent resigns or retires.

Submission of Report and Recommendations
- Section 8: The Commission shall submit its report and recommendations, including factual findings, legal conclusions, and recommended penalties, to the President.

Referral to Other Government Units
- Section 9: The Commission may refer cases to the Office of the Ombudsman or other government agencies.

Measures to Prevent and Minimize Graft and Corruption
- Section 10: The Commission may conduct studies on measures to prevent and minimize graft and corruption.

Consultants and Deputies
- Section 11: The Chairman may engage consultants and deputies from the public or private sector.

Reports
- Section 12: The Commission shall submit to the President:
    - A list of respondents investigated, with recommendations
    - A list of ongoing investigations
    - Other reports as required

Disclosures
- Section 13: The Commission shall not disclose information that would deprive respondents of fair adjudication.

Continued Performance of PCAGG
- Section 14: The Presidential Commission Against Graft and Corruption (PCAGG) shall continue its functions for pending cases until the new Commission is appointed.

Transfer of PCAGC Officers and Personnel
- Section 15: Officers and personnel of PCAGC may be transferred and appointed to the new Commission.

Transfer of PCAGC Funds, etc.
- Section 16: Funds, records, equipment, and properties of PCAGC shall be transferred to the new Commission.

Rules and Regulations
- Section 17: The Commission shall promulgate or adopt rules and regulations for implementation.

Funding
- Section 18: The Commission shall have a budget of EIGHTEEN MILLION TWO HUNDRED SIXTY THREE THOUSAND PESOS (P18,263,000.00), with additional funding to be determined.

Repeal
- Section 19: Executive Orders related to PCAGC and the National Anti-Corruption Commission are repealed.

Effectivity
- Section 20: This Executive Order shall take effect immediately upon approval.