EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE
S. B. NO. 
6 I .9
cf t:;c spi'crctai-p
*19 JUL 18 ?VM
RECE.
Introduced by SENATOR JOEL VILLANUEVA
AN ACT CREATING THE
NATIONAL INDEPENDENT COMMISSION AGAINST 
CORRUPTION (NICAC), APPROPRIATING FUNDS THEREFOR 
AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The Philippines prides itself as the one of the oldest democracies in 
Asia. Throughout its history, the Philippines has fought for the right to 
independence and sovereignty. But alongside this is the country's continued 
fight against systemic and endemic corruption in government.
While the government’s effort 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 99,h 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.
Indeed, the effects of corruption are far-reaching; funds that should 
have been provided for the needs of the Filipino people end up in the pockets 
of unscrupulous government officials; businesses are discouraged from
1 2019, January 29. Philippines slightly improves in 2018 on global corruption index.
Retrieved from: https://vvvvvv.rai)|jler.ct)iiViialiuii/222177-()hili[)piiiHs-_roii!driiLtji}rLlJlJlj<JI'1-
perceptions-iiidex-2018 (date last accessed: June 24 2019)
2 Id.


making substantial investments in the Philippines due to additional transaction 
costs as a result of corruption, among others.
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.
The immediate passage of this bill is earnestly sought.
SENATOR JOlEL VILLANUEVA


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE 
S. B. NO. 6 1 9
uf llK dnrrtnrp
'19 
JUL 18 PI ■•44
RECtiV I'U
Introduced by SENATOR JOEL VILLANUEVA
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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.”
SEC. 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.
SEC. 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.
SEC. 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;


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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 propria,
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.
SEC. 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.
SEC. 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.


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


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b) 
Functions of the Secretariat. The Secretariat shall provide technical and 
administrative support to the Commission and shall oversee all its 
operational activities.
SEC. 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 shall gather support and 
information from the public and work towards changing the public 
attitude regarding corruption.
SEC. 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.
SEC. 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 ands 
regulations for the proper implementation of this Act.
SEC. 11. Restrictions. -  No writ of injunction shall be issued by any court to 
delay an investigation being conducted by the Commission.
SEC. 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.
SEC. 13. Malicious Prosecution. -  Any compliant found to have been 
initiated with malice shall be dealt with in accordance with law.
SEC. 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


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Commission shall be transmitted free of charge, provided that the telegram 
shall contain not more than one hundred fifty (150) words.
SEC. 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.
SEC. 16. Appropriations. -  For the first year of the implementation of this 
Act, an initial amount of Fifty Million Pesos (Php50,000,000.00) is hereby 
appropriated. Thereafter, the amount necessary to carry out the provisions of 
this Act shall be included in the General Appropriations Act.
SEC. 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
SEC. 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.
SEC. 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,