MALACAÑAN PALACE
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
[ MEMORANDUM ORDER NO. 182, August 11, 2005 ]
CREATING AN INTERNAL AFFAIRS AND COMPLAINTS COMMITTEE (IACC) IN THE OFFICE OF THE PRESIDENT (OP)
Pursuant to Section 37, Book V of Executive Order No. 292, s. of 1987, and the OP Integrity Development Action Plan (IDAP), approved on April 18, 2005, in line with the commitment of the Government to adopt strong anti-corruption measures in accordance with the ten (10)-point Agenda as outlined in Administrative Order No. 104, s. of 2004, there is hereby created an Internal Affairs and Complaints Committee (IACC) in the Office of the President.
Section 1. Functions and Responsibilities of IACC. - The IACC shall be tasked, among others, to handle the following functions and responsibilities:
1. Receive, act and investigate all administrative disciplinary complaints/cases filed against public officers and employees who are non-presidential appointees of the Office of the President;
2. Establish review and compliance procedures for the submission of Statement of Assets and Liabilities and Net Worth (SALNW) and Disclosure of Business Interests and Financial Connections (DBIFC) of all OP Officials and employees, pursuant to the requirements of Republic Act (RA) No. 6713, the rules implementing the same, Republic Act (RA) No. 3019, and other related laws, and conduct a review of the compliance of such procedures by the aforesaid officials and employees whether or not such statements have been properly accomplished;
3. Receive, act and investigate abuses and/or possible violation of RA No. 3019, RA No. 6713 and the rules implementing the same, and other related laws, by public servants in the Office of the President.
4. Assist and coordinate with the Presidential Anti-Graft Commission (PAGC) created under Executive Order No. 13, s. of 2001, the Anti-Corruption Swift Action Team (SWAT) pursuant to Executive Order No. 407, s. of 2005, and/or the Office of the Ombudsman (OMB) on complaints/cases against officials and employees of the Executive Department, its agencies and/or instrumentalities, and in conducting lifestyle checks of public servants in the Office of the President.
Section 2. Composition; Quorum. – The IACC shall be composed of five (5) permanent, members as follows:
1. The Executive Secretary (ES) or his designated representative who shall be the Chairman or Presiding Officer;
2. The Deputy Executive Secretary for Legal Affairs (DESLA);
3. The Deputy Executive Secretary for finance and Administration (DESFA);
4. The Deputy Executive Secretary for General administration (DESGA);
5. The Assistant Executive Secretary (AES) of Internal Audit Office (IAO),
A quorum, consisting of a majority of the members of IACC, shall be required for the transaction of the business, and resolution of the majority of the quorum duly assembled shall be a valid act. However, in rendering or issuing its findings and recommendation, order or resolution, the majority of the IACC membership all present in a meeting called for the purpose, is required.
Section 3. Working Units of IACC. – The IACC shall have two (2) working units:
1. The Complaints and Investigation Unit (CIU) which shall be performed by the Office of the Deputy Executive Secretary for Legal Affairs (ODESLA) headed by the Deputy Executive Secretary for Legal Affairs (DESLA); and
2. The Review and Compliance Unit (RCU) which shall be performed by the Office of Budget and Corporate Affairs (OBCA) headed by the Assistant Executive Secretary (AES) for Budget and Corporate Affairs.
Section 4. Functions and Responsibilities of CIU. – The CIU shall investigate all complaints/cases against public officials and employees of the Office of the President who are non-presidential appointees. Complaints may likewise be initiated by the IACC on behalf of the Office of the President, pursuant to Section 48, Chapter VI, Book V of their status and disposition, and shall make a quarterly report to the IACC on the progress thereof.
Section 5. Panel of Investigators. – In the conduct of its investigation, the CIU Head (DESLA) shall designate a panel of investigators preferably composed of three (3) lawyer-members, headed by a Chairman who shall conduct hearings and render a report of their findings and recommendation to the IACC through the CIU. In investigating complaints on disciplinary cases, the Panel of Investigators shall observe closely pertinent provisions of the Administrative Code of 1987 (EO 792), CSC rules and regulations and other related laws, and shall submit its findings and recommendation to the IACC, through the CIU Head, within fifteen (15) days from the conclusion of the investigation.
Section 6. Subpoena and Subpoena Duces Tecum – For purposes of investigating complaints pursuant to the Administrative Code of 1987 (EO 292), the DESLA or the Chairman of the Panel of Investigators of the CIU is authorized to summon witnesses by subpoena and required the production of documents by subpoena duces tecum, administer oaths, take testimony, receive evidence submitted during the proceedings, and recommend the preventive suspension of the respondent as the nature of the offense and the evidence warrants.1âшphi1
Section 7. Conduct of Seminars. – The RCU shall conduct seminars to familiarize OP officials and employees as to the proper and correct manner of filing and complying with the Statements of Assets and Liabilities and Networth (SALMW) and the Disclosure of Business Interest and Financial Connections (DBIFC) in accordance with the OP Review and Compliance Procedure, of all OP employees and public officials irrespective of whether they are presidential appointees or non-presidential appointees.
Section 8. Primary Function and Responsibility of RCU – The RCU shall primarily be tasked to evaluate compliance of the SALNW and the DBIFC in accordance with the OP Review and Compliance Procedure, of all OP employees and public officials irrespective of whether they are presidential appointees or non-presidential appointees.
Section 9. Repealing Clause. – All Standard Operating Procedures, Office Manuals or Memorandum Orders inconsistent with this Memorandum Order are hereby modified or repealed accordingly.
Section 10. Effectivity. – This Memorandum Order shall take effect immediately.
DONE in the City of Manila this 11th day of August in the year of our Lord Two Thousand and Five.
By authority of the President:
(Sgd.) EDUARDO R. ERMITA
Executive Secretary
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