Presidential Commission on Good Government

The Presidential Commission on Good Government (PCGG) is a quasi-judicial agency created by Pres. Corazon Aquino to recover ill-gotten wealth accumulated during the Marcos regime.

History

After the EDSA People Power Revolution of 1986, Pres. Corazon C Aquino issued Executive Order No. 1 on February 28, 1986, thereby making the creation of the PCGG, the first official act of the revolutionary government.^[1] (It is significant to note that, at the time of its creation, then Pres. Aquino was in full possession of both executive and legislative powers.)

While the PCGG was, for twenty-one years been under the supervision and control OR the Office of the President, this institutional setup was changed when President Gloria Macapagal-Arroyo issued Executive Order No. 643 on July 27, 2007, placing the PCGG under the administrative supervision of the Department of Justice. (The case of Pimentel, JUNIOR. v. Pagdanganan distinguishes between supervision and control: In administrative law, supervision means overseeing or the power or authority of an officer to see that subordinate officers perform their duties. If the latter fail or neglect to fulfill them, the former may take such action or step as prescribed by law to make them perform their duties. Control, on the other hand, means the power of an officer to alter or modify or nullify or set aside what a subordinate officer ha[s] done in the performance of his duties and to substitute the judgment of the former for that of the latter.") Notwithstanding the clear direction under Section 2 of Executive Order No. 643, no implementing guidelines have ever been issued by the Justice Department.

Proposal for abolition

In January 2013, the commission is proposing to wind down operations and transfer its operations respectively to the Department of Justice and the Office of the Solicitor General and the Department of Finance for the pending civil litigation and the disposal of assets sequestered in the past years.^[2]

Current Tasks

Under Sec. 2 of Executive Order No. 1, s. 1986, the PCGG has the following mandates:

(a) The recovery of all ill-gotten wealth accumulated by former President Ferdinand E. Marcos, his immediate family, relatives, subordinates and close associates, whether located in the Philippines or abroad, including the takeover or sequestration of all business enterprises and entities owned or controlled by them, during his administration, directly or through nominees, by taking undue advantage of their public office and/or using their powers, authority, influence, connections or relationship.

(b) The investigation of such cases of graft and corruption as the President may assign to the Commission from time to time.

(c) The adoption of safeguards to ensure that the above practices shall not be repeated in any manner under the new government, and the institution of adequate measures to prevent the occurrence of corruption.

Sec. 3 of the same executive issuance enumerates the powers and authorities of the PCGG:

(a) To conduct investigation as may be necessary in order to accomplish and carry out the purposes of this order.

(b) To sequester or place or cause to be placed under its control or possession any building or office wherein any ill-gotten wealth or properties may be found, and any records pertaining thereto, in order to prevent their destruction, concealment or disappearance which would frustrate or hamper the investigation or otherwise prevent the Commission from accomplishing its task.

(c) To provisionally take over in the public interest or to prevent its disposal or dissipation, business enterprises and properties taken over by the government of the Marcos Administration or by entities or persons close to former President Marcos, until the transactions leading to such acquisition by the latter can be disposed of by the appropriate authorities.

(d) To enjoin or restrain any actual or threatened commission of facts 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.

(e) To administer oaths, and issue subpoena requiring the attendance and testimony of witnesses and/or the production of such books, papers, contracts, records, statement of accounts and other documents as may be material to the investigation conducted by the Commission.

(f) 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.

(g) To seek and secure the assistance of any office, agency or instrumentality of the government.

(h) To promulgate such rules and regulations as may be necessary to carry out the purpose of this order.

Organization

The PCGG is a government agency composed of a Chairperson and four (4) Commissioners. The Commission has four (4) departments: Legal Department, Asset Management Department, Research and Development Department, and Finance and Administration Department. Each Department is under the direct supervision and control of a commissioner who reports directly to the Chairperson.

Past Chairpersons

The following is a list of previous Chairpersons of the PCGG:^[3]

See also

• Operation Big Bird

References