Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No. _ 639

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.

While the government's efforts to address corruption has made some
substantial inroads, much is still needed to be done. From 2018 to 2024, the


country's scores in Transparency International's Corruption Perception Index
(CPI) fluctuated between 33 and 36. Though it ranked 114" out of 180
countries with a score of 33 out of 100 in year 2024, up a spot from 115" in
2023, the Philippines’ score of 33 is still below the global average of 43, and
still lower than Asia-Pacific region's average score of 44 (a score of 0-9 means
“highly corrupt,” while a score of 90-100 means “very clean”). The Philippines
has been identified as one of the "significant decliners" in the Asia-Pacific
region due to limited progress in anti-corruption reforms

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.

7

EDUARDO “BRO. EDDIE’ C. VILLANUEVA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

639

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
Philippines in Congress assembled:

SECTION 1. Title. — This Act shall be known as the "National
Independent Commission Against Corruption Act.”

SECTION 2. Declaration of Policy. — It is the declared policy of the
State to maintain honesty and integrity in public service and to take
effective and efficient measures in the battle against graft and corruption.
Towards this end, the State shall continuously institute reforms to ensure
that graft and corruption is eliminated in all levels of the government.

SECTION 3. Organization. — There is hereby created the National
Independent Commission Against Corruption, hereinafter referred to as
the Commission, to implement and coordinate policy for the prevention,
control and ultimately, the elimination of graft and corrupt practices as
defined under relevant laws at all levels of the government.

The Commission shall be attached to the Office of the Ombudsman for
policy coordination.


SECTION 4. Powers and Functions of the Commission. — The
Commission shall have the following powers and functions:

a) To formulate and implement a National Anti-Corruption Plan
(NACP) and action agenda, and reinforce program strategies in
accordance with the NACP;

b) To examine the bidding, negotiation, execution and implementation
of public contracts in pursuit of the objectives of the NACP;

c) To verify if the award of public works and supply contracts are
conducted properly in accordance with law, pursuant to the goals
provided for in the NACP;

d) To undertake a comprehensive audit, which shall include, but not be
limited to, lifestyle checks on any public officer/employee;

e) To endorse to the Office of the Ombudsman for appropriate action
after a finding of a prima facie case of violation of anti-corruption
laws in the exercise of its powers under items (b) to (d) above, upon
complaint by any person or motu proprio;

f) To conduct sustained information and education drives aimed at
preventing corruption and public misconduct; and

g) To organize specialized training of personnel of the government and
representatives from the private sector and civil society in the
prevention, investigation and prosecution of graft and corrupt
practices.

SECTION 5. National Anti-Corruption Plan. — Within ninety (90) days
from the approval of this Act, the Commission shall submit to the Office of
the Ombudsman and to Congress a five-year plan and study containing
detailed policy proposals for the elimination of graft and corruption in all
branches, offices, agencies and instrumentalities of government.

The NACP shall also be disseminated to all government agencies.

SECTION 6. Composition of the Commission. — The Commission
shall be headed by the Ombudsman or any of the Deputy Ombudsman as
its Chairperson. He/she shall be assisted by two (2) Commissioners, who
shall serve on a full-time basis.


a) The Commissioners shall include at least one (1) lawyer, accountant
or member of the academe who is in the field of public
administration. Each Commissioner shall be selected and appointed
by the President, without the requirement of confirmation, from a
pool of candidates to be nominated by peak professional
organizations of accountants or lawyers or by the University or
College Administration if the nominee is a member of the academe.
A "peak professional organization" refers to an organization duly
recognized by members as representative of, and having the largest
active membership in their profession, and is existing for at least ten
(10) years. The mechanics of the nomination process shall be
provided for in the Implementing Rules and Regulations for this Act.

b) The Commissioners must be citizens of the Philippines, at least
thirty-five (35) years of age, known and recognized for moral
uprightness and patriotism, of unquestionable integrity, and
recognized experts in any of the fields of law, accounting or public
administration. They must not have been candidates for any elective
national or local office in the immediately preceding election,
whether regular or special.

c) The Commissioners shall serve for three (3) years and may be
reappointed as such for another term of three (3) years; provided,
that the reappointment of a Commissioner shall follow the
nomination process outlined in this Section.

d) The President of the Philippines may remove any member of the
Commission, upon compliance with due process, for any of the
following reasons:

i. The member suffers from physical or mental incapacity that
renders him or her incapable of properly discharging the
duties and responsibilities of the Commission, and such
incapacity has lasted for more than six (6) months;

ii. The member has committed acts that are shown prima facie
to be fraudulent or illegal or manifestly opposed to the aims
and interests of the Commission and/or the government; or

iii. The member ceases to possess the qualifications required in
this Act or its implementing rules and regulations.

e) The Commissioners shall not hold any public office or employment


during their tenure. Except as otherwise provided by law, in no case
shall any member of the Commission appoint representatives to act
‘on his/her behalf.

f) The Commissioners shall have the same rank and emoluments as
that of a Deputy Ombudsman.

SECTION 7. The Secretariat. — The Commission shall be assisted
by a Secretariat to be headed by an Executive Director. The Secretariat
shall be composed of individuals of known moral probity and dedication to
public service.

a) The Executive Director. The Executive Director shall be appointed
by the Chairperson with the concurrence of the Commissioners. The
Executive Director shall attend the Commission's deliberations,
monitor the implementation of the programs of the Commission, and
manage its day-to-day operations.

b) Functions of the Secretariat. The Secretariat shall provide technical
and administrative support to the Commission and shall oversee all
its operational activities.

SECTION 8. Organizational Structure. — The Commission shall be
composed of three departments:

a) The Operations Department, which shall carry out the investigation
and endorsement to the proper agency of cases investigated for the
prosecution of offenses;

b) The Corruption Prevention Department, which shall carry out
assessment of areas in government offices where corruption would
be most likely, and make recommendations on how opportunities for
corruption can be eliminated or reduced; and

c) The Community Relations Department, which shail gather support
and information from the public and work towards changing the
public attitude regarding corruption.

SECTION 9. Transparency and Availability of Records. — The
Commission shall maintain and preserve its records, documents and
Papers, and shall make the same available to the public, except when
disclosure will pose serious damage to the Commission's case or when a
party would be deprived of his/her right to a fair and impartial trial.


SECTION 10. Implementing Rules and Regulations and
Standard Forms. — Within ninety (90) days from the effectivity of this Act,
the Commission, in consultation with the head of the Development
Academy of the Philippines, the chair of the Civil Service Commission, the
Chair of the Commission on Audit, the Ombudsman, a representative from
the Sandiganbayan and other relevant stakeholders, shall promulgate the
implementing rules and regulations for the proper implementation of this
Act.

SECTION 11. Restrictions. — No writ of injunction shall be issued
by any court to delay an investigation being conducted by the
Commission.

SECTION 12. Total Support of Other Government Units. — The
Commission may require any government agency to make available their
personnel and facilities to attain the objectives of this Act.

SECTION 13. Malicious Prosecution. — Any compliant found to
have been initiated with malice shall be dealt with in accordance with law.

SECTION 14. Franking Privilege. — All official mail letters and
telegrams of the Commission addressed for delivery within the Philippines
shall be received, transmitted, and delivered free of charge: provided, that
such mail matters when addressed to private persons or non-government
offices shall not exceed one hundred twenty (120) grams. All mail matters
and telegrams sent through government telegraph facilities containing
complaints to the Commission shall be transmitted free of charge,
provided that the telegram shall contain not more than one hundred fifty
(150) words.

SECTION 15. Annual Report. — The Commission shall, on or
before June 30 of each year, or by such later date as the President may
allow, submit to the President and to Congress, a report on the
performance of the Commission in combatting graft and corruption. The
Commission shall furnish a copy of such report to the Office of the
Ombudsman and shall also make available a copy of the report to the
general public.

SECTION 16. Appropriations. - For the first year of the
implementation of this Act, an initial amount of Fifty Million Pesos
(PhpS0,000,000.00) is hereby appropriated. Thereafter, the amount
necessary to carry out the provisions of this Act shall be included in the



General Appropriations Act.

SECTION 17. Repealing Clause. - All provisions of laws,
presidential decrees, letters of instruction and other presidential
issuances which are incompatible or inconsistent with the provisions of
this Act are hereby amended or repealed accordingly.

SECTION 18. Separability Clause. — If any provision of this Act is
declared unconstitutional, the other provisions not affected thereby shall
continue to be in full force and effect.

SECTION 19. Effectivity Clause. — This Act shall take effect fifteen
(15) days following its publication in the Official Gazette or two (2)
newspapers of general circulation.

Approved,