FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B, Rodriguez, Jr.

House Bill No__2903

EXPLANATORY NOTE

This bill seeks to create a National Independent Commission Against
Corruption.

Corruption's evil is well known all over the world. It kills and adds to global
insecurity and the risks of war. Corruption increases poverty, curbs freedom,
undermines human rights and distorts trade.

The Transparency International Corruption Perceptions Index shows that
levels of perceived corruption are high in most nations of the world. The citizens
of many countries can tell stories about how corruption in its worst form, notably
the abuse of public office for private gain, takes a daily toll on their lives.

The new United Nations (UN) Convention Against Corruption is a practical
step toward eradication of corruption. The convention acts to promote and
strengthen measures to prevent and combat corruption more efficiently and
effectively. It promotes, facilitates and supports international cooperation and
technical assistance in the prevention of and fight against corruption, including in
asset recovery. It also promotes integrity, accountability and proper management
of public affairs and public property.

In the Philippines, anti-graft bodies were created in an effort to curb
corruption. However these anti-graft bodies lack the real independence that an
anti-corruption body requires. They just become part of the already bloated and
corrupt bureaucracy.

In view of this, it is high-time that a National Independent Commission
Against Corruption be created which will implement the UN Convention Against
Corruption and coordinate policies at the national level for the prevention, control


and ultimately, elimination of graft and corrupt practices at all levels of the
government, either perpetuated by public officers or private persons.

This bill seeks to create an unimpeachable anti-corruption agency with
personnel that is currently selected from the civil society and is subject to strict
disciplinary codes and anti-corruption check.

In view of the foregoing, approval of this bill is highly and eamestly
recommended.

RUFUS B. IRIGUEZ

Y

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus 8. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No., 2903

AN ACT
PROVIDING FOR THE CREATION OF THE INDEPENDENT NATIONAL
COMMISSION — AGAINST. 'UPTION APPROPRIATING FUNDS
THEREFOR AND OTHER

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

SECTION 1. Short Title. - This Act shall be known as the “/ndependent
National Commission against Corruption Act.”

SEC. 2. Declaration of Policy. — It is hereby declared the policy of the
State to maintain honesty and integrity in public service and to take effective and
efficient measures in the fight against graft and corruption.

SEC. 3. Independent National Commission Against Corruption. -
There is hereby created an Independent National Commission Against
Corruption, hereinafter referred to as the “Commission,” to coordinate policy at
the national level for the prevention, control and elimination of graft and
corruption at all levels in government

SEC. 4. Powers and Functions. — The Commission shall exercise the
following powers and functions:

a. Implement the United Nations Convention Against Corruption which
covers a compelling range of issues such as international security,
arms control poverty alleviation, justice, democracy, human rights and
fair trade;

b. Formulate and implement a national anti-corruption framework,
Program strategies and a corresponding action agenda of the


government in consultation with goverment agencies, private sector,
and civil society organization;

c. Investigate and summon witnesses, administer oaths, take testimony
‘or evidence relevant to its investigation and issue compulsory process
to produce documents, books, records and such other matters, in the
performance of its functions.

d. Initiate legal action in cases where a party refuses to take oaths, give
testimony or produce documents for inspection, when lawfully required;

e. Grant immunity to any person whose testimony or possession of
documents or other evidence is necessary or convenient to determine
the truth in any investigation conducted by it or under its authority;

f. Endorse for prosecution to the Office of the Ombudsman or the
Department of Justice, as the case may be, upon finding of prima facie
case, any matter that the Commission shall find to constitute graft and
corruption committed by a public official, private group or individual;

g. Verify the observance of the ceiling on electoral expenditure and the
accuracy of the election campaign accounts and assist in the
investigation of palpable and massive electoral fraud and monitor the
actions of the different boards of canvassers during elections in
coordination with the Commission on Elections;

h. Examine the execution of public contracts as to both tendering and
results, and verify the award of public works and supply contracts and
the assignment of operations by the public authorities whether the
same were conducted properly and honestly;

i. Undertake a comprehensive audit or lifestyle check on any public
officer or employee;

j. Serve lawtully issued warrants of arrest or search and seizure pursuant
to its investigation powers;

k. Conduct sustained information and education drives aimed at
preventing corruption and public misconduct; and

|. Organize specialized training of staff members of the Commission and
representatives of the private sector and civil society in the prevention,
investigation and prosecution of graft and corruption.

SEC. 5. Composition; Term of Office. - The Commission shall be
headed by a Chairperson who shall be assisted by three (3) Commissioners who
shall be appointed by the President of the Philippines without the requirement of
confirmation. The Chairperson and Commissioners shall serve on a full-time
basis or shall not hold any other public office or employment during their tenure
and in no case shail they appoint representatives to act on their behalf

The Chairperson shall serve for a term of five (5) years and the
Commissioners shall serve for a term of three (3) years.

. SEC. 6. Qualifications. — The Chairperson and Commissioners must be
citizens of the Philippines, at least thirty-five (35) years of age, known and


recognized for their moral uprightness and patriotism, unquestionable integrity
and recognized expertise in law, accounting and public administration. They must
not have been candidates for any elective national or local office in the
immediately preceding election, whether regular or special.

SEC. 7 Compensation. — The President of the Philippines shall fix the
compensation of the Chairperson and the Commissioners based on an objective
classification system at a sum commensurate to the importance and the
responsibilities attached to the position and shall be exempted from the Salary
Standardization Law.

SEC. 8. Removal from the Commission. - The President of the
Philippines may remove any member of the Commission for any of the following
causes:

a. The member is suffering from physical or mental incapacity that renders
him or her incapable of properly discharging the duties and responsibilities of the
Commission and such incapacity lasts for more than six (6) months;

b. The member has committed acts that are fraudulent or illegal or
manifestly opposed to the aims and interests of the Commission; and
c. The member no longer possesses the qualifications required by law.

Each vacancy shall be filled not later than fifteen (15) days after its
occurrence. An appointment to fill the vacancy created by the created by the
death, resignation or removal of any member of the Commission shall only be for
the unexpired period of the term.

SEC. 9. Secretariat. - The Commission shall be assisted by a Secretariat
which shall first be organized upon the appointment of the Executive Director.
The Executive Director shall be appointed by the Chairperson with the
concurrence of the Commissioners. He shall attend the Commission's
deliberations, monitor the implementation of the programs and manage the day-
to-day operations of the Secretariat.

The Secretariat shall provide technical and administrative support to the
Commission and oversee ail the operational activities of the Commission.

The Commission shall prepare the salary schedule of the Secretariat in
consultation with the Department of Budget and Management.

SEC. 10. Organizational Structure. — The policies and decision of the
Commission shall be carried out by the following:


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 the breakpoints of organizations where corruption practices would
most likely be done, examine practices and procedures of government
departments and public offices, and make recommendations on how
opportunities for corruption can be eliminated or reduced; and

c. The Community Relations Department, which shall gather support and
information from the public and educate the public about the effects of graft and
corrupt practices.

SEC. 11. Offenses Covered. — For purposes of this Act, the Commission
shall have jurisdiction to investigate possible violations of any law on graft and
corruption such as but not limited to the following:

a. Republic Act No. 3019, as amended, otherwise known as the “Anti-
Graft and Corrupt Practices Act,”

b. Republic Act No. 1379, otherwise known as the “Law on Forfeiture of Ill-
Gotten Wealth,”

c. Republic Act No. 6713, otherwise known as the “Code of Conduct and
Ethical Standards for Public Officials and Employees”

d. Any provision under Title Seven of the Revised Penal Code on Crimes
Committed by Public Officers;

e. Section 46 (b), Book V, Sub-title A, Chapter 6 of Executive Order No.
292, Series of 1987, otherwise known as the “Administrative Code of 1987; and

f. Rules ad regulations duly promulgated by a competent authority to
implement relevant laws, executive orders, rules or regulations.

SEC. 12. 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 will be deprived of his right to
a fair and impartial adjudication.

SEC. 13. Implementing Rules and Regulations. — Within ninety (90)
days from the approval of this Act, the Commission shall, in coordination with the
land of the Development Academy of the Philippines, the Chairman of the Civil
Service Commission, the Chairman of the Commission on Audit, the
Ombudsman and a representative from the Sandiganbayan, promulgate such
rules and regulations necessary for the effective implementation of this Act.


SEC. 14. Appropriations. — The Commission shall have an initial budget
of Four hundred million pesos (P400,000,000.00). Any additional funding
requirement shall be determined in coordination with the Department of Budget
and Management. Appropriations for the succeeding years shall be incorporated
in the budget proposal for the fiscal year

SEC. 15. Separability Clause. - If any provision or part of this Act is
declared unconstitutional, the remaining parts or provisions which are not
affected shall remain in full force and effect.

SEC. 16. Effectivity Clause. — This Act shall take effect fifteen (15) days
after publication in the Official Gazette or in two (2) national newspapers of
general circulation.

Approved.