Amending Executive Order no. 151 Dated 11 January 1994

January 21, 1995

EXECUTIVE ORDER NO. 151-A

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. —

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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-Five.

Published in the Official Gazette, Vol. 91 No. 20 Page 3003 on May 15, 1995.