Duterte creates Anti-Corruption Commission
President Duterte signed Executive Order (EO) No. 43, creating the Presidential Anti-Corruption Commission (PACC) to probe presidential appointees in all branches of government.
This is an offshoot of his speech late August where he revealed his plans to create a commission to handle complaints regarding corruption in the government.
In the EO, the PACC is created under the Office of the President to directly assist the President in investigating and hearing administrative cases primarily involving graft and corruption against all presidential appointees.
Duterte cited in his EO the need to create a separate commission solely dedicated to assist the President also in the conduct of lifestyle checks and fact-finding inquiries concerning presidential appointees and other public officers allegedly involved in graft and corrupt practices.
The PACC will also deal with officials who have committed other high crimes and violated the Code of Conduct and Ethical Standards for Public Officials and Employees.
Last August, Duterte said he wants the investigation on the complaints to last not more than a month.
A similar anti-graft commission was created by former President Gloria Macapagal Arroyo in 2001 through an executive order. However, the Presidential Anti-Graft Commission (PAGC) was abolished in 2010 by former President Benigno Aquino III due to redundancies.
The PAGC functions were transferred to the Office of the Deputy Executive Secretary for Legal Affairs (ODESLA) which was under the Office of the President.
Under the EO, the functions of the ODESLA which were carried over from the abolished PAGC, shall be transferred to the PACC.
Jurisdiction Based on the EO, the PACC shall have the power, concurrently with the Office of the Ombudsman, to hear, investigate, receive, gather, and evaluate evidence, intelligence reports, and information in administrative cases against all presidential appointees in the Executive Branch occupying the position of Assistant Regional Director, or an equivalent rank and higher.
These include members of the governing board of any instrumentality, regulatory agency, or chartered institution, and directors or officers, appointees, or nominees of the President to government-owned or -controlled corporations.
Upon the instructions of the President, the PACC may investigate presidential appointees in the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) whenever he deems it necessary or appropriate.
It may also conduct lifestyle checks and fact-finding inquiries on acts or omissions of all presidential appointees, including those outside the Executive Branch, “which may be violative of the Constitution, or contrary to law, rules and regulations, and/or constitute serious misconduct tantamount to betrayal of public trust.”
According to Executive Secretary Salvador Medialdea, the PACC, however, has no jurisdiction over the Ombudsman, the Supreme Court, or any other constitutional bodies.
Powers and functions The PACC is mandated to use every and all reasonable means to ascertain the facts in each case or complaint speedily, and objectively, in all instances observing due process.
The resignation or retirement of the public officer being investigated will not stop the Commission’s investigation or hearing.
The PACC, to exercise its functions, may seek the assistance of any law enforcement agencies, or any government instrumentalities, for assistance and cooperation in the acquisition of documents pertinent to the investigation or to participate its probe.
It may also engage the services of qualified consultants and/or deputies from the public and private sectors.
The Commission may also recommend the admission of vital witness to the Department of Justice’s Witness Protection Program.
The PACC, upon filing of a complaint, may recommend to the President the issuance of an order of preventive suspension which will last until the case is terminated but should not exceed 90 days except when the delay is caused by the respondent.
It will also have the authority to take testimony or receive evidence, and the power to administer oaths and issue subpoena. Non-compliance to the subpoena is ground for administrative disciplinary action to be recommended to the President.
Once the investigation or hearing is concluded, the PACC is mandated to submit its report and recommendation to the President for approval and final disposition. If necessary, it may refer any case for appropriate action to the Office of the Ombudsman or other government units.
The PACC, however, is prohibited from disclosing to the public and record or information in connection with any investigation.
Composition
Unlike Arroyo’s PAGC, Duterte PACC will be composed of a chairman and four commissioners to be appointed by the President.
Majority of the members will be members of the Philippine Bar and must have engaged in the practice of law in the country for at least five years.
The chairman will 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, rules, and regulations promulgated by the PACC.
The PACC shall also have a secretariat to provide technical and administrative support to the Commission. The chairman will have the authority to appoint, promote, and discipline the personnel of the Secretariat.
The Secretariat, to be headed by an executive director with the rank, emoluments, and privileges of an assistant secretary, will be appointed by the President upon the recommendation of the chairman.
The Secretariat, under the control and supervision of the chairman, is mandated to execute and administer the policies and decisions of the PACC and manage its daily operations.
The chairman shall also have the authority to appoint, promote, and discipline personnel of all its operating units, subject to pertinent laws, rules, and regulations.