- Creating an Inter-Agency Committee to Oversee the Review, Implementation and Monitoring of the United Nations Convention Against Corruption (UNCAC)
- Executive Order No. 171
September 5, 2014
EXECUTIVE ORDER NO. 171
CREATING AN INTER-AGENCY COMMITTEE TO OVERSEE THE REVIEW, IMPLEMENTATION AND MONITORING OF THE UNITED NATIONS CONVENTION AGAINST CORRUPTION (UNCAC)
WHEREAS, the Philippines signed on 9 December 2003, and subsequently ratified on 6 November 2006, the United Nations Convention Against Corruption (UNCAC), which obliges the States Parties to implement a wide range of anti-corruption measures through laws, institutions and practices;
WHEREAS, the implementation of anti-corruption measures is imperative towards achieving national development;
WHEREAS, the UNCAC mandates the States Parties to maintain honesty and integrity both in the public and private sectors by undertaking positive and effective measures against graft and corruption;
WHEREAS, as a State Party to the UNCAC, the Philippines is obliged to implement its provisions and monitor compliance therewith;
WHEREAS, the implementation of the UNCAC necessitates international cooperation as well as at the domestic level among the different branches of the government, collaboration with the private sector, and engagement of broader segments of civil society, including territorial and political subdivisions of the country; HDaACI
WHEREAS, to ensure the successful implementation of the UNCAC and to demonstrate the Philippines' strong commitment to the observance of international normative standards, it is necessary to establish an appropriate multi-stakeholder mechanism or body to carry out the effective implementation, monitoring and review of all the initiatives to achieve the noble goals of the UNCAC;
NOW, THEREFORE, I, BENIGNO S. AQUINO III, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:
SECTION 1. Presidential UNCAC Inter-Agency Committee. A Presidential UNCAC Inter-agency Committee, hereinafter referred to as the Committee, is hereby created to oversee the implementation, coordination, monitoring and review of Philippine compliance with the UNCAC.
SECTION 2. Composition. The Executive Secretary shall serve as the Chairperson of the Committee with the following members:
a. The Secretary of Justice as Vice-Chairperson;
b. The Secretary of Foreign Affairs as Co-Vice-Chairperson;
c. The Secretary of Budget and Management;
d. The Secretary of Socioeconomic Planning; and
e. The Secretary of Interior and Local Government.
The foregoing members of the Committee shall designate alternate representatives, holding a position not lower than a Director level, to ensure dedicated and continuing support to the functions and responsibilities of the Committee.
To mobilize support and multi-sector stakeholder participation, the Committee shall include representatives from relevant civil society organizations (CSOs), non-government organizations (NGOs), business sector, academe and other private entities engaged in anti-corruption advocacies and initiatives, as may be determined by the Committee. prLL
In addition, the Committee shall invite representatives from independent offices such as the Office of the Ombudsman, Commission on Audit, Civil Service Commission, Anti-Money Laundering Council, House of Representatives, the Senate and the Judiciary to effect the synchronization and complementation of anti-corruption programs.
The Committee shall meet every quarter and/or whenever the Chairperson deems it necessary to convene the same.
SECTION 3. Functions. The Committee shall have the following functions:
a. Assess, evaluate and review all the provisions of the UNCAC and determine its applicability and its compatibility with the existing legal framework and laws;
b. Formulate and develop plans, policies and response strategies related to the implementation, monitoring and review compliance of the State's treaty obligations under the UNCAC;
c. Undertake and coordinate the implementation of integrity development and anti-corruption measures with appropriate branches of government that will ensure its adoption and implementation;
d. Assess and monitor good governance and anti-corruption initiatives in the country, collating all necessary data and information on corruption-related offenses for the comprehensive review of the implementation of the UNCAC;
e. Set up and implement a communication plan to ensure transparency and accountability in the assessment of the good governance and anti-corruption initiatives in the country and conduct of awareness-raising and advocacy, particularly those contributing to the non-tolerance of corruption;
f. Ensure compliance by the government to all its obligations under the UNCAC, including the timely submission of treaty implementation reports, replies and comments on cases filed with the United Nations Office on Drugs and Crime;
g. Direct and ensure the creation of internal working groups (IWGs) from among the concerned government entities as well as the designation of focal points, and institution of an effective system for multi-sector arrangements in the implementation, coordination and monitoring of all related endeavors under the UNCAC; THCASc
h. Create technical working groups (TWGs) to conduct relevant studies and researches on relevant legal instruments, administrative measures and effective practices aimed at preventing corruption with a view to determining their adequacy to prevent and reduce corruption;
i. Ensure adherence to the objectives of the UNCAC of all anti-corruption programs and good governance initiatives in the territorial and political subdivisions of the country; and
j. Report to the President every semester and recommend policy advice and/or measures to ensure compliance with the UNCAC;
k. Perform such other functions as may be directed by the President or as may be necessary, consistent with the basic functions of the Committee.
SECTION 4. Cooperation Areas with the Office of the Ombudsman. In recognition of the role of the Office of the Ombudsman as one of the designated central authorities in the implementation of the UNCAC, the Committee shall seek all possible working arrangements with the Office of the Ombudsman (OMB) in the areas of:
a. Compliance review with the requirements of the Conference of States Parties in the UNCAC review mechanism;
b. Enforcement of anti-corruption laws and prosecution of corruption cases; and
c. All other UNCAC-related matters and concerns.
SECTION 5. Secretariat. The Office of the Deputy Executive Secretary for Legal Affairs, this Office (OP-ODESLA), is hereby designated as the Secretariat to the Committee to provide technical and administrative support and to serve as its liaison/coordinating arm with Congress, the Judiciary and other government agencies, including, the Presidential Legislative Liaison Office (PLLO) and the Legislative and Executive Development Advisory Council (LEDAC) for effective representation and facilitation of the fulfillment of the mandatory provisions of the UNCAC. The Secretariat shall be headed by an Executive Director.
SECTION 6. Support and Cooperation. All branches of the government, departments, bureaus, agencies, offices, and local government units, including government-owned and controlled corporations as well as government financial institutions, and State Universities and Colleges, are encouraged to render full support, assistance and cooperation to the Committee in carrying out its mandate and functions. SaCIAE
SECTION 7. Funding. Operational expenses shall be chargeable against the funds of the Office of the President subject to the usual government accounting and auditing rules and regulations. Subsequent funding for the operations of the Committee shall be incorporated in the regular budget of this Office.
SECTION 8. Separability Clause. If any provision of this Executive Order is declared invalid or unconstitutional, the remaining provisions not affected thereby shall continue with full force and effect.
SECTION 9. Repealing Clause. All orders, rules and regulations inconsistent with this Executive Order are hereby repealed or modified accordingly.
SECTION 10. Effectivity. This Executive Order shall take effect immediately upon publication in a newspaper of general circulation.
DONE in the City of Manila, this 5th day of September, in the Year of Our Lord Two Thousand and Fourteen.