Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. _____ 
Introduced by CIBAC Party-List Representative 
Eduardo ‘Bro. Eddie’ C. Villanueva 
AN ACT CREATING THE NATIONAL INDEPENDENT COMMISSION 
AGAINST CORRUPTION (NICAC), APPROPRIATING FUNDS 
THEREFOR AND FOR OTHER PURPOSES 
EXPLANATORY NOTE 
The Philippines is known to be one of the oldest democracies in 
Asia. Throughout its history, the nation has fought for its independence 
and sovereignty against all forms of threats both within and without. Yet, 
despite all efforts, there remains a fight yet to be won: the country’s 
perennial fight against systemic and endemic corruption in government. 
Indeed, the effects of massive corruption in the Philippines can be 
seen in all corners of the country: buildings, bridges, and other 
infrastructures built with subpar materials; the poor deprived of much-
needed social services and welfare goods; entrepreneurs strained to 
submit to under the table transactions in order to expedite permits and 
licenses; corporations discouraged from investing significantly, if any, in 
the country’s economy because of too much complexities in government 
processes, both official and unofficial; to name a few—all caused by 
corrupt officials who bear the mandate of putting the Filipinos first before 
everybody else. 
July 21, 2022
4:21 am
2214


 
 
While the government’s efforts to address corruption has made 
some substantial inroads, much is still needed to be done. In the 2018 
Transparency International Corruptions Perception Index, the Philippines 
ranked 99th out of 180 countries, jumping 12 notches from its 111th rank 
placement in 2017.1 Despite this improvement, however, it was also noted 
that the Philippines’ cumulative score of 36 is significantly less than the 
Asia Pacific average of 44.2 This means that the Philippines still has to 
make substantial reforms in eliminating and thwarting corrupt practices in 
government.  
 
 
Recognizing the need to strengthen the anti-corruption framework 
in the Philippines, this bill creates the National Independent Commission 
Against Corruption (NICAC) as an attached agency of the Office of the 
Ombudsman. The NICAC is largely patterned after Hong Kong’s 
Independent Commission Against Corruption, which successfully 
eradicated syndicated corruption in Hong Kong.  
 
The NICAC shall formulate a National Anti-Corruption Plan and 
provide policy recommendations to the Office of the Ombudsman to 
effectively combat corruption in government. To ensure coordination 
between the NICAC and the Office of the Ombudsman, this bill mandates 
that the NICAC shall be headed by the Ombudsman or any of his/her 
deputies. The NICAC shall also submit periodic reports to the 
Ombudsman to ensure that the efforts of both agencies are coordinated 
and to avoid duplication of work.  
 
 
Immediate passage of this bill is earnestly sought. 
 
 
 
 
 
 
1 2019, January 29. Philippines slightly improves in 2018 on global corruption index. Retrieved from: 
https://www.rappler.com/nation/222177-philippines-ranking-corruption-perceptions-index-2018 (date 
last accessed: June 24, 2019). 
2 Id.  


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. ______ 
Introduced by CIBAC Party-List Representative 
Eduardo ‘Bro. Eddie’ C. Villanueva 
AN ACT CREATING THE NATIONAL INDEPENDENT COMMISSION 
AGAINST CORRUPTION (NICAC), APPROPRIATING FUNDS 
THEREFOR AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the 
1 
Philippines in Congress assembled: 
2 
3 
4 
SECTION 1. Title. – This Act shall be known as the “National 
5 
Independent Commission Against Corruption Act.” 
6 
7 
SECTION 2. Declaration of Policy. – It is the declared policy of the 
8 
State to maintain honesty and integrity in public service and to take 
9 
effective and efficient measures in the battle against graft and corruption. 
10 
Towards this end, the State shall continuously institute reforms to ensure 
11 
that graft and corruption is eliminated in all levels of the government. 
12 
13 
SECTION 3. Organization. – There is hereby created the National 
14 
Independent Commission Against Corruption, hereinafter referred to as 
15 
the Commission, to implement and coordinate policy for the prevention, 
16 
control and ultimately, the elimination of graft and corrupt practices as 
17 
defined under relevant laws at all levels of the government. 
18 
2214


 
1 
The Commission shall be attached to the Office of the Ombudsman 
2 
for policy coordination.  
3 
 
4 
SECTION 4. Powers and Functions of the Commission. – The 
5 
Commission shall have the following powers and functions: 
6 
 
7 
a) To formulate and implement a National Anti-Corruption Plan 
8 
(NACP) and action agenda, and reinforce program strategies in 
9 
accordance with the NACP; 
10 
 
11 
b) To examine the bidding, negotiation, execution and implementation 
12 
of public contracts in pursuit of the objectives of the NACP; 
13 
 
14 
c) To verify if the award of public works and supply contracts are 
15 
conducted properly in accordance with law, pursuant to the goals 
16 
provided for in the NACP; 
17 
 
18 
d) To undertake investigation, which shall include, but not be limited 
19 
to, lifestyle checks on any public officer/employee; 
20 
 
21 
e) To endorse to the Office of the Ombudsman for appropriate action 
22 
after a finding of a prima facie case of violation of anti-corruption 
23 
laws in the exercise of its powers under items (b) to (d) above, upon 
24 
complaint by any person or motu proprio; 
25 
 
26 
f) To conduct sustained information and education drives aimed at 
27 
preventing corruption and public misconduct; and 
28 
 
29 
g) To organize specialized training of personnel of the government and 
30 
representatives from the private sector and civil society in the 
31 
prevention, investigation and prosecution of graft and corrupt 
32 
practices. 
33 
 
34 
SECTION 5. National Anti-Corruption Plan. – Within ninety (90) 
35 
days from the approval of this Act, the Commission shall submit to the 
36 
Office of the Ombudsman and to Congress a five-year plan and study 
37 
containing detailed policy proposals for the elimination of graft and 
38 


corruption in all branches, offices, agencies and instrumentalities of 
1 
government. 
2 
 
3 
The NACP shall also be disseminated to all government agencies.  
4 
 
5 
SECTION 6. Composition of the Commission. – The Commission 
6 
shall be headed by the Ombudsman or any of the Deputy Ombudsman as 
7 
its Chairperson. He/she shall be assisted by two (2) Commissioners, who 
8 
shall serve on a full-time basis. 
9 
 
10 
a) The Commissioners shall include at least one (1) lawyer, accountant 
11 
or member of the academe who is in the field of public 
12 
administration. Each Commissioner shall be selected and appointed 
13 
by the President, subject to the confirmation of the Commission on 
14 
Appointments, from a pool of candidates to be nominated by peak 
15 
professional organizations of accountants or lawyers or by the 
16 
University or College Administration if the nominee is a member of 
17 
the academe. A “peak professional organization” refers to an 
18 
organization duly recognized by members as representative of, and 
19 
having the largest active membership in their profession, and is 
20 
existing for at least ten (10) years. The mechanics of the nomination 
21 
process shall be provided for in the Implementing Rules and 
22 
Regulations for this Act.  
23 
 
24 
b) The Commissioners must be citizens of the Philippines, at least 
25 
thirty-five (35) years of age, known and recognized for moral 
26 
uprightness and patriotism, of unquestionable integrity, and 
27 
recognized experts in any of the fields of law, accounting or public 
28 
administration. They must not have been candidates for any elective 
29 
national or local office in the immediately preceding election, 
30 
whether regular or special. 
31 
 
32 
c) The Commissioners shall serve for three (3) years, and may be 
33 
reappointed as such for another term of three (3) years; provided, 
34 
that the reappointment of a Commissioner shall follow the 
35 
nomination process outlined in this Section. 
36 
 
37 


d) The President of the Philippines, upon the recommendation of the 
1 
Ombudsman and at least two (2) Deputy Ombudsman, may remove 
2 
any member of the Commission, upon compliance with due 
3 
process, for any of the following reasons: 
4 
 
5 
i. The member suffers from physical or mental incapacity that 
6 
renders him or her incapable of properly discharging the 
7 
duties and responsibilities of the Commission and such 
8 
incapacity has lasted for more than six (6) months; or 
9 
 
10 
ii. The member ceases to possess the qualifications required in 
11 
this Act or its implementing rules and regulations; or 
12 
 
13 
iii. The member has committed acts that are shown prima facie 
14 
to be fraudulent or illegal or manifestly opposed to the aims 
15 
and interests of the Commission and/or the government. 
16 
 
17 
e) The Commissioners shall not hold any public office or employment 
18 
during their tenure. Except as otherwise provided by law, in no case 
19 
shall any member of the Commission appoint representatives to act 
20 
on his/her behalf. 
21 
 
22 
f) The Commissioners shall have the same rank and emoluments as 
23 
that of a Deputy Ombudsman.  
24 
 
25 
SECTION 7. The Secretariat. – The Commission shall be assisted 
26 
by a Secretariat to be headed by an Executive Director. 
27 
 
28 
The Secretariat shall be composed of individuals of known moral 
29 
probity and dedication to public service. 
30 
 
31 
a) The Executive Director. The Executive Director shall be appointed 
32 
by the Chairperson with the concurrence of the Commissioners. The 
33 
Executive Director shall attend the Commission’s deliberations, 
34 
monitor the implementation of the programs of the Commission, and 
35 
manage its day-to-day operations. 
36 
 
37 


b) Functions of the Secretariat. The Secretariat shall provide technical 
1 
and administrative support to the Commission and shall oversee all 
2 
its operational activities. 
3 
 
4 
 
5 
SECTION 8. Organizational Structure. – The Commission shall be 
6 
composed of three departments: 
7 
 
8 
a) The Operations Department, which shall carry out the investigation 
9 
and endorsement to the proper agency of cases investigated for the 
10 
prosecution of offenses; 
11 
 
12 
b) The Corruption Prevention Department, which shall carry out 
13 
assessment of areas in government offices where corruption would 
14 
be most likely, and make recommendations on how opportunities for 
15 
corruption can be eliminated or reduced; and  
16 
 
17 
c) The Community Relations Department, which shall gather support 
18 
and information from the public and work towards changing the 
19 
public attitude regarding corruption. 
20 
 
21 
SECTION 9. Transparency and Availability of Records. – The 
22 
Commission shall maintain and preserve its records, documents and 
23 
papers, and shall make the same available to the public, except when 
24 
disclosure will pose serious damage to the Commission’s case or when a 
25 
party would be deprived of his/her right to a fair and impartial trial. 
26 
 
27 
SECTION 10. Implementing Rules and Regulations and 
28 
Standard Forms. – Within ninety (90) days from the effectivity of this Act, 
29 
the Commission, in consultation with the head of the Development 
30 
Academy of the Philippines, the chair of the Civil Service Commission, the 
31 
Chair of the Commission on Audit, the Ombudsman, a representative from 
32 
the Sandiganbayan and other relevant stakeholders, shall promulgate the 
33 
implementing rules and regulations for the proper implementation of this 
34 
Act. 
35 
 
36 


SECTION 11. Restrictions. – No writ of injunction shall be issued 
1 
by any court to delay an investigation being conducted by the 
2 
Commission. 
3 
 
4 
SECTION 12. Total Support of Other Government Units. – The 
5 
Commission may require any government agency to make available their 
6 
personnel and facilities to attain the objectives of this Act. 
7 
 
8 
SECTION 13. Malicious Prosecution. – Any compliant found to 
9 
have been initiated with malice shall be dealt with in accordance with law. 
10 
 
11 
SECTION 14. Franking Privilege. – All official mail letters and 
12 
telegrams of the Commission addressed for delivery within the Philippines 
13 
shall be received, transmitted, and delivered free of charge: provided, that 
14 
such mail matters when addressed to private persons or non-government 
15 
offices shall not exceed one hundred twenty (120) grams. All mail matters 
16 
and telegrams sent through government telegraph facilities containing 
17 
complaints to the Commission shall be transmitted free of charge, 
18 
provided that the telegram shall contain not more than one hundred fifty 
19 
(150) words. 
20 
 
21 
SECTION 15. Annual Report. – The Commission shall, on or 
22 
before June 30 of each year, submit to the President and to Congress, a 
23 
report on the performance of the Commission in combatting graft and 
24 
corruption. The Commission shall furnish a copy of such report to the 
25 
Office of the Ombudsman, and shall also make available a copy of the 
26 
report to the general public. 
27 
 
28 
SECTION 16. Appropriations. – For the first year of the 
29 
implementation of this Act, an initial amount of Fifty Million Pesos 
30 
(Php50,000,000.00) is hereby appropriated. Thereafter, the amount 
31 
necessary to carry out the provisions of this Act shall be included in the 
32 
General Appropriations Act.  
33 
 
34 
SECTION 17. Repealing Clause. – All provisions of laws, 
35 
presidential decrees, letters of instruction and other presidential 
36 
issuances which are incompatible or inconsistent with the provisions of 
37 
this Act are hereby amended or repealed accordingly.  
38 


 
1 
SECTION 18. Separability Clause. – If any provision of this Act is 
2 
declared unconstitutional, the other provisions not affected thereby shall 
3 
continue to be in full force and effect. 
4 
 
5 
SECTION 19. Effectivity Clause. – This Act shall take effect fifteen 
6 
(15) days following its publication in the Official Gazette or two (2) 
7 
newspapers of general circulation. 
8 
 
9 
Approved, 
10