EXECUTIVE ORDER NO. 151-A, January 21, 1994
AMENDING EXECUTIVE ORDER NO. 151 DATED 11 JANUARY 1994
I, FIDEL V. RAMOS,
President of the Republic of the Philippines, by virtue of the powers vested in
me by law, do hereby order the amendment of Executive Order No. 151 dated 11
January 1994, titled “Creating A Presidential Commission To Investigate
Administrative Complaints Involving Graft And Corruption,” as follows:
Section 1. Section 2 is hereby amended to read as follows:
“SECTION 2. Composition
– The Commission shall be composed of a Chairman and two (2) Commissioners to
be appointed or designated by the President. One of the two Commissioners shall
represent the private sector and may serve on a part-time basis.
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 Commission and act as its chief executive officer who shall direct and
supervise the implementation and execution of policies, standards, rules and
regulations of the Commission, and be responsible for its general
administration.”
Section 2. Section 4 paragraph (a) is hereby amended to read as follows:
“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 on its own or on complaint
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 Commission 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.
Administrative investigation of
complaints against presidential appointees currently undertaken by various
presidential committees or government agencies, including government-owned or
controlled corporations shall continue notwithstanding the creation and
organization of the Commission. This, however, shall be without prejudice to
the Commission, in its discretion, taking over the investigation if the matter
under investigation is within its jurisdiction.
All complaints against
presidential appointees with the rank equivalent to or higher than an Assistant
Regional Director shall, henceforth, be endorsed to the Commission for
immediate and appropriate action.”
Section 3. Section 6 is amended
by incorporating another paragraph which shall read as follows:
“SECTION 6. Technical
and Administrative Staff –
x x x
The Chairman may engage the
service of qualified consultants subject to existing rules and regulations of
the Civil Service Commission and the National Economic and Development
Authority.”
Section 4. Effectivity
– This Executive Order shall take effect immediately.
DONE in the City of Manila, this 21st 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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