Pcgg and Sec

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  • Topic: Ferdinand Marcos, Gloria Macapagal-Arroyo, Joseph Estrada
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  • Published : July 3, 2013
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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. Presidential Commission on Good Government|

Agency overview|
Formed| February 28, 1986|
Jurisdiction| Department of Justice|
Headquarters| IRC Bldg., 82 EDSA, Mandaluyong City, 1550 Philippines| Minister responsible| Andres D. Bautista, Chairman
Richard Amurao, Commissioner
Maita Chan-Gonzaga, Commissioner
Nelson Acebo, Commissioner|
Parent Agency| Office of the President|

History
After the People Power Revolution of 1986, Pres. Corazon 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 21 years, traditionally under the supervision and control of 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, Jr. 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 Sec. 2 of EO 643, no implementing guidelines have ever been issued by the DOJ. 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...
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