CREATING A PRESIDENTIAL COMMISSION TO INVESTIGATE ADMINISTRATIVE COMPLAINTS INVOLVING GRAFT AND CORRUPTION

WHEREAS, the eradication of graft and corruption has always been a major
goal of the government;

WHEREAS, despite the existence of laws against graft and corruption, and
the agencies legally and/or constitutionally mandated enforce these laws,
corruption remains prevalent and poses a very serious problem to the country;

WHEREAS, minimizing graft and corruption is imperative if Philippines 2000
is to be realized;

WHEREAS, creating a Presidential Commission Against Graft and Corruption
specifically tasked to (a) investigate presidential appointees charged with
graft and corruption; (b) coordinate efforts toward the eradication of
opportunities favorable to the commission of graft and corruption, and the
expeditious prosecution and resolution of pending graft and corruption cases
against officials in the executive department; and (c) monitor the
implementation of the “Moral Recovery Program” under Proclamation No. 62, dated
30 September 1992, with emphasis on the family, school, church and media as
instruments for moral regeneration, will effectively demonstrate the political
will of this administration to curb graft and corruption in this country;

WHEREAS, the President, under both the Constitution and the Administrative
Code of 1987, has control of all the executive departments, bureaus and
offices, and is mandated to ensure that the laws are faithfully executed; and

WHEREAS, Presidential appointees are subject to the disciplinary authority
of the President.

NOW, THEREFORE, I, FIDEL V.
RAMOS, President of the Republic of the
Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1. Organization.
– There is hereby constituted a Presidential Commission Against Graft and
Corruption, hereinafter called the “Commission”, under the Office of the
President.

SECTION 2. Composition.
– The Commission shall be composed of a Chairman and two (2) Members to be
appointed or designated by the President.

SECTION 3. Jurisdiction.
– The Commission shall have jurisdiction over all administrative complaints
involving graft and corruption filed in any form or manner against presidential
appointees, including those in government-owned or controlled corporations.

SECTION 4. Powers,
Functions, and Duties. – The Commission shall have the following
powers, functions and duties:

(a) Investigation – The
Commission shall have the power to investigate administrative complaints
against presidential appointees in the executive department of the government,
including those in government-owned or controlled corporations, charged with
graft and corruption. In the exercise thereof, the Commission is (1) authorized
to summon witnesses, administer oaths, or take testimony or evidence relevant
to the investigation by subpoena ad testificandum and subpoena duces tecum, and
do such other acts necessary and incidental to the discharge of its function
and duty to investigate the said administrative complaints; and (2) empowered
to call upon and secure the assistance of any department, bureau, office,
agency, or instrumentality of the government, including government-owned or
controlled corporations.

The Commissions shall confine
itself to cases of graft and corruption involving one or a combination of the
following criteria:

1. Presidential appointees with
the rank equivalent to or higher than an Assistant Regional Director;

2. The amount involved is at
least Ten Million Pesos (P10,000,000.00);

3. Those which threaten grievous
harm or injury to the national interest; and

4. Those which may be assigned
to it by the President.

The Commission may refer to the
Office of the Ombudsman, when warranted and necessary, any case calling for the
investigation and/or prosecution of the party or parties concerned for
violation of anti-graft and corruption laws.

(b) Coordination – The
Commission shall coordinate with different government agencies for the purpose
of eradicating opportunities and the climate favorable to the commission of
graft and corruption.

The Commission shall also
perform its coordinate functions for the purpose of expediting resolutions of
pending cases or complaints involving graft and corruption filed against public
officials, and causing the expeditious prosecution of criminal and other cases
involving the offering of inducements, rewards and other benefits by parties
outside of the government.

(c) Monitoring – It shall be the
duty of the Commission to monitor, along with the KABISIG People’s Movement
national Operations Center, the implementation of the “Moral Recovery Program”
under Proclamation No. 62, dated 30 September 1992, with emphasis on the
family, school, church, and media as instruments of moral regeneration.

The Commission shall assist the
Council of Advisers on Moral Recovery and recommend possible courses of action
which the President may undertake.

SECTION 5. Technical and
Administrative Staff  – The Commission shall organize its Technical
and Administrative Staff to be headed by an Executive Director who shall be
designated by the President upon the recommendation of the Commission. The
Technical Staff shall be composed of personnel designated by the Chairman and
those detailed to the Commission by the different agencies called to assist the
Commission.

SECTION 6. Operating
Guidelines. – The Commission shall adopt such operating guidelines as
may be necessary to implement this Executive Order.

SECTION 7. Funding.
– The Commission shall be provided with an initial budget in the amount of Ten
Million Pesos (10,000.00) to be drawn from the President’s contingent fund.
Appropriations for the succeeding years shall be incorporated in the budget
proposal for the Office of the President.

SECTION 8. Effectivity.
— This Executive Order shall take effect immediately.

DONE in the City of Manila, this 11th day of January in the year of Our
Lord, Nineteen Hundred and Ninety-Four.

(Sgd.) FIDEL V.
RAMOS
President of the Philippines

By the President:

(Sgd.) TEOFISTO T. GUINGONA, JR.
Executive Secretary

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