Placing the PCGG under the Supervision of the DOJ

July 27, 2007

EXECUTIVE ORDER NO. 643

PLACING THE PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT (PCGG) UNDER THE SUPERVISION OF THE DEPARTMENT OF JUSTICE

WHEREAS, Executive Order (EO) No. 1, s. 1986 created the Presidential Commission on Good Government (PCGG) as a body vested with authority to file recovery cases involving ill-gotten wealth, to undertake sequestration and preservation of ill-gotten wealth or properties, and to investigate and file, through the Office of the Ombudsman, cases for graft and corruption as may be assigned to it from time to time; DTSaHI

WHEREAS, EO 2, s. 1986 likewise authorizes the PCGG to request and appeal to the foreign governments to freeze and prevent the transfer, conveyance, encumbrance, concealment or liquidation of ill-gotten wealth or properties found within their respective jurisdictions, pending the outcome of the appropriate proceedings in the Philippines;

WHEREAS, the authority of the PCGG to issue sequestration and freeze orders under Proclamation No. 3, s. 1986 has lapsed in accordance with Section 26, Article XVIII of the Constitution;

WHEREAS, the functions of the PCGG are currently focused on the recovery and preservation of ill-gotten wealth, as well as the proper investigation and prosecution of cases involving the same;

WHEREAS, there is a need to concentrate and enhance government efforts for the full and effective recovery of ill-gotten wealth and properties, including the efficient investigation and prosecution of cases relative thereto;

WHEREAS, as the principal legal counsel and prosecution arm of the government under Section 3, Chapter 1, Title III, Book IV of the Administrative Code of 1987, the Department of Justice (DOJ) is likewise involved in matters requiring international legal cooperation;

WHEREAS, Section 31 (3), Chapter 10, Title III, Book III, of the Administrative Code of 1987, authorizes the President to transfer any agency under the Office of the President to any other department or agency.

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1. Transfer of Functions. — The Presidential Commission on Good Government (PCGG) shall hereby be placed under the administrative supervision of the Department of Justice. Unless otherwise provided, the Secretary of Justice or his duly authorized representative shall exercise the foregoing functions for and in behalf of the President. AaECSH

SECTION 2. Implementing Rules and Regulations. — The Department of Justice shall issue the implementing guidelines for the effective implementation of this Executive Order.

SECTION 3. Repealing Clause. — All executive issuances, rules and regulations or parts thereof which are inconsistent with this Executive Order are hereby revoked, amended, or modified accordingly.

SECTION 4. Effectivity. — This Executive Order shall take effect immediately.

DONE in the City of Manila, this 27th day of July, in the Year of Our Lord, Two Thousand and Seven.