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Posts Tagged ‘executive orders’

The Philippine Truth Commission of 2010

Posted by lexforiphilippines on August 5, 2010

On 30 July 2010, President Benigno Simeon Aquino III issued Executive Order No. 1 creating the Philippine Truth Commission of 2010.  The Commission is tasked to investigate reports of graft and corruption “of such scale and magnitude that shock and offend the moral and ethical sensibilities of the people,” involving third level public officers and higher, their co-principals, accomplices and accessories from the private sector, if any, during the previous administration, and thereafter to submit its finding and recommendations to the President, Congress and the Ombudsman.

The Truth Commission shall be composed of a Chairman and four (4) members.  Officials of the Commission shall include a General Counsel, a Deputy General Counsel, a Special Counsel, and a Clerk of the Commission.

In relation to the graft cases it shall choose to investigate, the Truth Commission is empowered to:

  • Collect and receive evidence
  • Require any agency, official or employee of the Executive Branch, including government-owned or controlled corporations, to produce documents, books, records and other papers
  • Upon proper request, obtain information and documents from the Senate and the House of Representatives and records of investigations conducted by their committees
  • Upon proper request, obtain from the courts, including the Sandiganbayan and the Office of the Court Administrator, information or documents in respect to corruption cases filed with the Sandiganbayan or the regular courts
  • Invite or subpoena witnesses and take their testimonies, and for that purpose, administer oaths or affirmations
  • Recommend that a person be admitted as a state witness
  • Turn evidence over to the appropriate prosecutorial authorities for expeditious prosecution
  • Call upon any government investigative or prosecutorial agency such as the Department of Justice or any of the agencies under it, and the Presidential Anti-Graft Commission, for assistance and cooperation
  • Engage the services of resource persons, professionals and other personnel, when necessary
  • Engage the services of experts as consultants or advisers, when necessary
  • Promulgate rules and regulations and rules of procedure
  • Exercise such other acts incident to or appropriate and necessary in connection with the Commission’s objectives.

Any person called to testify before the Truth Commission has the right to counsel at any stage of the proceedings.  To ensure the safety of persons called to testify, the Commission may secure the assistance of the Philippine National Police and other appropriate government agencies.

If a government official or personnel (a) fails, without lawful excuse, to appear when subpoenaed by the Commission; or (b) appears before the Commission but refuses to take oath or affirmation, give testimony or produce documents for inspection, when required, he shall be subject to disciplinary action.  If a private person does the same, he may be dealt with in accordance with law.

The proceedings of the Truth Commission shall be open to the public.  However, the Commission, on its own, or on the request of the person testifying, may hold an executive or closed-door hearing when matters of national security or public safety are involved or when the personal safety of the witness warrants it.

The Truth Commission should accomplish its mission and render a comprehensive final report on or before 31 December 2012.  The comprehensive final report shall be published upon the President’s directive.

For a copy of Executive Order No. 1, click on Laws under Tools.

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Posted in Law School, Laws and Implementing Rules, Notes, Political Law | Tagged: , | 1 Comment »