Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH (16") CONGRESS,
First Regular Session

Hoisse Bill No4 845

Introduced by: Representative Jose L. Atienza, Jr.

EXPLANATORY NOTE

This bill seeks to establish an independent commission, composed of
retired Supreme Court justices, to investigate the pork barrel scandal.

In this manner, neither the Senate nor the House of Representatives, some
members of which have been implicated in the said scandal, will have to
investigate itself. This investigation is expected to cover the issue since the start
of the pork barrel system in the Eighth Congress as the Countrywide
Development Fund or (CDF), to its present form as the Priority Development
Assistance Fund (PDAF).

Given the extensive coverage that this issue has been given in all forms of
media, including the internet, this independent commission, which is expected to
immediately buckle down to work, will save the country from the destructive
impact of what can be deemed as the “scandal of the century.”



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH (16) CONGRESS
First Regular Session

Hotise Bill No. 43

Introduced by: Representative Jose L. Atienza, Jr.

AN ACT CREATING AN INDEPENDENT COMMISSION TO INVESTIGATE
THE PRIORITY DEVELOPMENT ASSISTANCE FUND, OTHERWISE KNOWN
AS PORK BARREL, FOR PURPOSES OF DETERMINING WHETHER PUBLIC
FUNDS WERE LEGALLY USED FOR PURPOSES INTENDED AND PROVIDED,
FOR BY LAW

Be it enacted by the Senate and the House of Representatives in Congress assembled:

SECTION ONE. This Act shall be known as the “Peoples Independent
Commission to Investigate the Priority Development Assistance Fund.”

SEC. 2. Declaration of Policy. - The State recognizes that public funds are trust
funds given in the form of taxes by the Filipino people, and therefor the giver has
an absolute right to know who are accountable, how these funds are
appropriated, and in the event of misuse, misappropriation or plunder, the
persons responsible and the actions to be taken against all those who, in one way
or another, participated in the illegal acts.

SEC. 3. Creation. - There is hereby created an Independent Commission to be
appointed by the President of the Republic of the Philippines. This Commission
should be composed of seven (7) members who will elect from themselves a
Chairman.

SEC 4. Qualifications. - The membership of the Commission shall be limited to
Retired Supreme Court Justices,

SEC. 5. Functions and Powers. - The Commission shall exercise the following
functions and powers:

1. Determine the legal basis of PDAF appropriations included in the
annual budget since 1987 (8" Congress up to the present 16! Congress) up to the
budget approved for the fiscal year 2013-2014.


2. Determine, in detail, the procedure by which the PDAF appropriated in
the annual budget could be availed of, identify the offices, officials and legal
entities legally involved and authorized to process, approve and nominate
beneficiaries, and release the funds involved and the legitimacy of the expenses
for audit purposes.

3. Investigate the expenses reported to the Commission of Audit covering
the said period with the aim of ascertaining the veracity of reports.

4. Collect, receive, review and evaluate evidence related to the cases of
PDAF disbursements that may be the subject of investigation.

5, Upon proper request or representation, require the presentation of
information and documents from the Senate and House of Representatives on
records of investigations conducted by its committees thereon, relating to matters
or subjects being investigated by the Commission.

6. To seek and secure the assistance of any office, agency or
instrumentality of the government.

7. Upon proper request and representation, obtain information from the
s, 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, as the case may be.

8. To administer oaths, and issue subpoenas to any agency, official or
employee of the Executive Branch, including government-owned or controlled
corporations, to produce documents, books, records and other papers as may be
material to the investigation conducted by the Commission.

9. Recommend, in cases where there is a need to utilize any person as a
state witness to ensure that the ends of justice be fully served, that such person
who qualifies as state witness under the Revised Rules of Court of the
Philippines be admitted for that purpose.

10. 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.

11. Turn over, from time to time, for expeditious prosecution, to the
appropriate prosecutorial authorities, by means of a special or interim report and
recommendation, all evidence on corruption of public officers and employees
and their private sector co-principals, accomplices or accessories, if any, when in
the course of its investigation the Commission finds that there is reasonable
ground to believe that they are liable for graft and corruption under pertinent
applicable laws.

12. Engage or contract the services of resource persons, professionals and
other personnel determined by it as necessary to carry out its mandate.



13. Enjoin or restrain any actual or threatened commission of acts 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.

14, Promulgate its rules and regulations as it deems necessary to
effectively and efficiently carry out the objectives of this Act and to ensure the
orderly conduct of its investigations, proceedings and hearings, including the
presentation of evidence.

15, Exercise such other acts incident to or appropriate and necessary in
connection with the objectives and purposes of this Act.

SEC, 6 Staffing Requirements. - The Commission shall be assisted by such
assistants and personnel as may be necessary to enable it to perform its functions,
and shall formulate and establish its organizational structure and staffing pattern
composed of such administrative and technical personnel as it may deem
necessary to efficiently and effectively carry out its functions and duties
prescribed herein, subject to the approval of the Department of Budget and
Management.

SEC. 7, Conduct of Proceedings. ~ The proceedings of the Commission shall be in
accordance with the rules promulgated by the Commission. Hearings or
proceedings of the Commission shall be open to the public, However, the
Commission, motu propio, or upon the request of the person testifying, may
hold an executive or closed-door hearing where matters of national security or
public safety are involved, or when the personal safety of the witness warrants
the holding of such executive or closed-door hearing. The Commission shall
provide the rules for such hearing.

SEC. 8. Right to Counsel of Witnesses / Resource Persons, - Any person called to
testify before the Commission shall have the right to counsel at any stage of the
proceedings.

SEC. 9 Protection of Witnesses / Resource Persons. - The Commission shall always
seek to assure the safety of the persons called to testify and, if necessary, make
arrangements to secure the assistance and cooperation of the Philippine National
Police and other appropriate government agencies.

SEC. 10 Refusal to Obey Subpoena, Take Oath or Give Testimony. — Any government
official or personnel who, without lawful excuse, fails to appear upon subpoena
issued by the Commission or who, appearing before the Commission refuses to
take oath or affirmation, give testimony or produce documents for inspection,
when required, shall be subject to administrative disciplinary action and / or
contempt. Any private person who does the same may be dealt with in
accordance with law,

SEC 11. Duty to Extend Assistance to the Commission. — ‘The departments, bureaus,
offices, agencies or instrumentalities of the Government, including government-
owned and controlled corporations, are hereby directed to extend such assistance
and cooperation as the Commission may need in the exercise of its powers,


execution of its functions and discharge of its duties and responsibilities with the
end in view of accomplishing its mandate. Refusal to extend such assistance or
cooperation for no valid or justifiable reason or adequate cause shall constitute a
ground for disciplinary action against the refusing official or personnel.

SEC 12. Budget for the Commission. — It is hereby directed that, subject to the
availability of funds, a certain amount be set aside out of the funds of the
National Treasury and be made available for the expenditures of the
Commission.

SEC. 13. Separability Clause. - If any provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other
provisions hereof.

SEC 14. Effectivity. -

is Act shall take effect immediately.