Presidential Commission on Good Government
| Agency overview | |
|---|---|
| Formed | February 28, 1986 |
| Jurisdiction | Department of Justice |
| Headquarters | IRC Bldg., 82 EDSA, Mandaluyong City, 1550 Philippines |
| Minister responsible | |
| Parent agency | Department of Justice |
| Website | http://www.pcgg.gov.ph |
The Presidential Commission on Good Government (PCGG) is a quasi-judicial agency created by Pres. Corazon Aquino to recover ill-gotten wealth accumulated during the Marcos regime.
History
After the EDSA People Power Revolution of 1986, Pres. Corazon C Aquino issued Executive Order No. 1 on February 28, 1986, thereby making the creation of the PCGG, the first official act of the revolutionary government.[1] (It is significant to note that, at the time of its creation, then Pres. Aquino was in full possession of both executive and legislative powers.)
While the PCGG was, for twenty-one years been under the supervision and control OR the Office of the President, this institutional setup was changed when President Gloria Macapagal-Arroyo issued Executive Order No. 643 on July 27, 2007, placing the PCGG under the administrative supervision of the Department of Justice. (The case of Pimentel, JUNIOR. v. Pagdanganan distinguishes between supervision and control: In administrative law, supervision means overseeing or the power or authority of an officer to see that subordinate officers perform their duties. If the latter fail or neglect to fulfill them, the former may take such action or step as prescribed by law to make them perform their duties. Control, on the other hand, means the power of an officer to alter or modify or nullify or set aside what a subordinate officer ha[s] done in the performance of his duties and to substitute the judgment of the former for that of the latter.") Notwithstanding the clear direction under Section 2 of Executive Order No. 643, no implementing guidelines have ever been issued by the Justice Department.
Corruption Scandals, Proposal for abolition, and Expansion of Powers
Enrique Zobel, founder of Makati Business Club and former chairman and president of Ayala Corporation, in his sworn statement, alleged that PCGG officials wanted a cut of any recovered wealth.[2]
The PCGG was again implicated by corruption scandals after allegations came out that PCGG commissioners were "milking" sequestered surrendered corporations, using excess foreign travel allowances, and taking cash advances without liquidation. [3][4][5]
In January 2013, the commission is proposing to wind down operations and transfer its operations respectively to the Department of Justice and the Office of the Solicitor General and the Department of Finance for the pending civil litigation and the disposal of assets sequestered in the past years. However, on 24 November 2016, President Rodrigo Duterte informed the public that he wants the powers of the PCGG expanded to cover the ill-gotten wealth of other corrupt public officials and not just the Marcoses and their cronies. [6] [7]
Current Tasks
Under Sec. 2 of Executive Order No. 1, s. 1986, the PCGG has the following mandates:
(a) The recovery of all ill-gotten wealth accumulated by former President Ferdinand E. Marcos, his immediate family, relatives, subordinates and close associates, whether located in the Philippines or abroad, including the takeover or sequestration of all business enterprises and entities owned or controlled by them, during his administration, directly or through nominees, by taking undue advantage of their public office and/or using their powers, authority, influence, connections or relationship.
(b) The investigation of such cases of graft and corruption as the President may assign to the Commission from time to time.
(c) The adoption of safeguards to ensure that the above practices shall not be repeated in any manner under the new government, and the institution of adequate measures to prevent the occurrence of corruption.
Sec. 3 of the same executive issuance enumerates the powers and authorities of the PCGG:
(a) To conduct investigation as may be necessary in order to accomplish and carry out the purposes of this order.
(b) To sequester or place or cause to be placed under its control or possession any building or office wherein any ill-gotten wealth or properties may be found, and any records pertaining thereto, in order to prevent their destruction, concealment or disappearance which would frustrate or hamper the investigation or otherwise prevent the Commission from accomplishing its task.
(c) To provisionally take over in the public interest or to prevent its disposal or dissipation, business enterprises and properties taken over by the government of the Marcos Administration or by entities or persons close to former President Marcos, until the transactions leading to such acquisition by the latter can be disposed of by the appropriate authorities.
(d) To enjoin or restrain any actual or threatened commission of facts by any person or entity that may render moot and academic, or frustrate, or otherwise make ineffectual the efforts of the Commission to carry out its tasks under this order.
(e) To administer oaths, and issue subpoena requiring the attendance and testimony of witnesses and/or the production of such books, papers, contracts, records, statement of accounts and other documents as may be material to the investigation conducted by the Commission.
(f) To hold any person in direct or indirect contempt and impose the appropriate penalties, following the same procedures and penalties provided in the Rules of Court.
(g) To seek and secure the assistance of any office, agency or instrumentality of the government.
(h) To promulgate such rules and regulations as may be necessary to carry out the purpose of this order.
Organization
The PCGG is a government agency composed of a Chairperson and four (4) Commissioners. The Commission has four (4) departments: Legal Department, Asset Management Department, Research and Development Department, and Finance and Administration Department. Each Department is under the direct supervision and control of a commissioner who reports directly to the Chairperson.
Past Chairpersons
The following is a list of previous Chairpersons of the PCGG:[8]
| Name | Term | President(s) Served Under |
|---|---|---|
| Jovito R. Salonga | February 28, 1986 – March 5, 1987 | Pres. Corazon Aquino |
| Ramon A. Diaz | March 9, 1987 – August 12, 1988 | |
| Adolfo S. Azcuna (Acting Capacity) | July 14 – August 14, 1988 | |
| Mateo Armando T. Caparas | August 15, 1988 – August 31, 1990 | |
| David M. Castro | September 1, 1990 – June 30, 1992 | |
| Magtanggol C. Gunigundo I | July 1, 1992 – June 30, 1998 | Pres. Fidel Ramos |
| Felix M. De Guzman | July 2, 1998 – October 27, 1998 | Pres. Joseph Estrada |
| Alexander G. Gesmundo | October 28, 1998 – November 2, 1998 | |
| Magdangal B. Elma | November 4, 1998 – Feb. 16, 2001 | Pres. Joseph Estrada Pres. Gloria Macapagal Arroyo1 |
| Jorge V. Sarmiento (Acting Capacity) | February 21, 2001 – July 16, 2001 | Pres. Gloria Macapagal Arroyo |
| Haydee B. Yorac | July 17, 2001 – May 1, 2005 | |
| Camilo L. Sabio (Acting Capacity) | May 2, 2005 – September 12, 2010 | Pres. Gloria Macapagal Arroyo Pres. Benigno Aquino III2 |
| Andres D. Bautista | September 13, 2010 – April 27, 2015 | Pres. Benigno S. Aquino III |
| Richard Roger Amurao (Acting Capacity) | May 14, 2015 – June 30, 2016 | |
| Reynold S. Munsayac (Acting Capacity) | September, 2016 – present | Pres. Rodrigo Duterte (elected) |
- ^1 Assumed presidency on January 20, 2001 to complete the remaining unexpired term of her predecessor as a result of EDSA Revolution of 2001.
- ^2 Elected and assumed office on June 30, 2010.
See also
References
- ↑ http://www.lawphil.net/executive/execord/eo1986/eo_1_1986.html
- ↑ Japanese and U.S. World War II Plunder and Intrigue. 24 November 2010. p. 169.
- ↑ http://news.abs-cbn.com/nation/01/05/09/corruption-power-struggle-mar-pcgg-work-2008
- ↑ http://www.philstar.com/headlines/777322/ex-pcgg-chief-sabio-found-guilty-grave-misconduct
- ↑ http://www.philstar.com/headlines/405885/pcgg-execs-employees-have-p67-m-unliquidated-cash-advances
- ↑ "PCGG: Hunt for Marcos loot to end". Agence France-Presse. January 2, 2013. Retrieved 2 January 2013.
- ↑ http://cnnphilippines.com/news/2016/11/26/PCGG-to-intensify-hunt-for-Marcos-ill-gotten-wealth.html
- ↑ "3 lawyers named to the PCGG". 28 September 2010. Retrieved 30 September 2010.