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Mission
The Presidential Commission on Good Government (PCGG) is a special body with quasi-judicial created under Executive Order No. 1 issued by President Corazon C. Aquino on February 28, 1986.
Three basic tasks have been entrusted to the Commission:
- the recovery of Ill-gotten wealth accumulated during the Marcos regime;
- the investigation of such cases of graft and corruption as may be assigned by the President; and
- The adoption of institutional safeguards to prevent corruption in Government.
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Vision
The PCGG dedicates itself to the following visions:
- Restore the dream and the glory stolen from the Filipino people;
- Destroy the culture of corruption which has distorted our moral values;
- Complete the political, social and moral gains of the EDSA Revolution in 1986 under the highest standards of morality, ethics, honesty and integrity in public service; and
- Give flesh and substance to the Constitutional mandate that a “Public office is a public trust”. By ensuring that graft and corruption shall not be repeated under any administration.
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Functions
The principal activity of the Commission is to prosecute vigorously to a successful conclusion the cases for the recovery of ill-gotten wealth and, pending judicial determination of the ownership thereof, to preserve and maintain the assets.
More particularly its function is:
- To gather, evaluate and investigate information regarding ill-gotten wealth.
- To issue sequestration, hold and/or freeze or lift such orders as may be warranted.
- To preserve, maintain and prevent dissipation of sequestered assets.
- To file and prosecute cases whether civil or criminal for the recovery of ill-gotten wealth.
- To promote sustained efficiency and maintain the integrity of all its transactions.
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Organization
The PCGG is a body composed of a Chairman and four (4) Commissioners. The Commission has four (4) departments headed by a Director. Each department is under the direct supervision of a Commissioner who reports directly to the Chairman.
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Historical Background
The first of the Commission was former Senate President Jovito R. Salonga who served from February 28, 1986 to March 5, 1987. Upon Salonga’s resignation Commissioner Ramon A. Diaz was appointed to replace him and served the Commission from March 9, 1987 to August 12, 1988.
It was during this period that the Commission filed abroad the Republic’s claims on properties and assets of the Marcoses. Romualdezes and their cronies situated in the United State and Switzerland. Simultaneously, the Commission sequestered many companies and assets within the Philippines. It was also during the Salonga Commission that PCGG obtained separately from U.S. court and the Swiss government a Freeze on all assets of the Marcoses and their cronies abroad.
As provided in the 1987 Constitution of the Philippines, the PCGG’s authority to issue sequestration or freeze orders ceased on august 2, 1988 which Congress may, however, extend in the national interest upon certification by the President. It then required PCGG to file judicial actions or proceedings within six months from ratifications of the new Constitution for sequestration orders issued before the ratification of the 1987 Constitution, and for those issued after such ratification, the judicial actions shall be commenced within six (6) months from the issuance of the writs of sequestration or freeze orders. Within this period, the Commission was able to file 39 civil cases in the Sandiganbayan.
On August 15, 1988, Atty. Mateo A.T. Caparas was appointed Chairman replacing Ramon A. Diaz. Atty. David M. Castro succeeded him as Chairman on August 31, 1990 and stayed as head of the Commission until June 30, 1992.
On July 1, 1992, President Fidel V. Ramos appointed Atty. Magtanggol C. Gunigundo, the new PCGG Chairman and became the longest serving Chairman until June, 1998 96 years in the office). Immediately upon assumption. Chairman Gunigundo reorganized the Commission to make it more responsive to its mandate to recover the Marcoses’ ill-gotten wealth.
The Commission also undertook a performance evaluation of its foreign lawyers. And sequestered the COA to audit sequestered corporations to determine whether the assets are being conserved and preserved.
During the last quarter of 1992, President Ramos created the Presidential Fact Finding Committee on Behest Loans and designated Chairman Gunigundo to head the Ad-hoc body to investigate the allegations of financial accommodations grated to the previous administration to the disadvantage of the government.
The revenues generated by the PCGG for the year 1994 contributed to the budget surplus of the government, the first for the last 25 years as confirmed and validated by the National Treasurer.
In January 2001, fifteen years after the People Power I revolution, the Filipinos again demonstrated in what is now called people Power II, their uncompromised stand against graft and corruption in government and their commitment to justice and truth. People Power II gave the administration of President Gloria Macapagal-Arroyo the mandate to lead the nation. The PCGG is one of the agencies of the government that experienced a change in leadership with the appointments of Chairperson Haydee B. Yorac and Commissioners Victoria A. Avena, Ruben C. Carranza and Jorge V. Sarmiento who was subsequently replaced by Commissioner William D. Dichoso in 2002. Thereafter, in 2003 Camilo L. Sabio, was appointed as Commissioner and headed the asset Management Department of the PCGG. On April 27, 2005, Commissioner Camilo L. Sabio was appointed to head the Commission as its Chairman. He remains the Chairman of the Commission (with the rank of a Secretary of the Cabinet) and runs the same together with Commissioners Ricardo M. Abcede, Narciso S. Nario and Tereso L. Javier.
It was under the current Chairmanship that the Republic of the Philippines, through the efforts of the PCGG in G.R. No. 153459, was able to recovery One Hundred Eleven thousand Four Hundred Fifteen (111,415) shares of stocks of the Philippine Telecommunications Investment Corporations (PTIC) registered in the name of the Prime holdings, Inc. PTIC is the biggest stockholder of PLDT, owning 28% of its outstanding shares. The Republic of the Philippines, through the Department of Finance, was able to auction the said PTIC shares recovered by the PCGG, generating Php 25.238 Billion for use of the Comprehensive Agrarian reform Program.
Total Net Cash Recoveries made by the PCGG in favor of the Republic of the Philippines during the Arroyo Administration from 2001 to 2008) have reached an astounding Php 63.35 billion.
Of note are the Net Cash recoveries in 2004 amounting the Php 35.165 Billion 9forfeiture of the Marcos Swiss deposits) and 2007 amounting to Php 25.34 Billion (sale of PTIC shares). To date total Net Cash recoveries since PCGG’s inception has already totaled Php 88.45 Billion. In fact for the first few months of 2008, the PCGG’s Net Cash Recoveries already reached Php 2.2 billion.
Recoveries from Marcoses Ill-Gotten Wealth
On the basis of new facts and circumstance, the PCGG filed a Petition for Additional Request for Mutual Assistance dated August 7,1995 before the office of the District Attorney of Zurich, Switzerland seeking for a modification of the Federal Supreme Court judgment dated December 21,1990 to allow the transfer (anticipatory restitution) of the frozen assets of the Marcoses to the Philippines even before the rendition of a final and enforceable judgment by the Sandiganbayan or other competent courts. The new petition invoked, among others, the exceptions provided for under Art 74A of IMAC which allows, in some highly exceptional cases, the transfer of the assets at any time at the discretion of the authorities. On August 21, 1995, District Attorney Peter Cosandey of the Canton of Zurich issued an unprecedented Order stating that the Swiss funds may be immediately transferred to PNB-Manila in an escrow account, pending the final determination of the question of ownership thereof. On December 10, 1997, the Swiss Federal Court sustained the position of the PCGG that the money can be moved out of Switzerland even without a judgment of final conviction or forfeiture. This was reiterated in January 7, 1998. The Marcoses filed administrative appeals which were rejected last April 6, 1998, thereby paving the way for the transfer of said $540 million in Swiss accounts of the Marcoses on April 17, June 30, and July 3, 1998, under escrow accounts at PNB. As of June 30, 1999, the funds held in escrow account with PNB amounted to US$602 million.
After a long battle, the Supreme Court, in a decision dated 15 July 2003. forfeited in favor of the republic of the Philippines, the US$658 Million Swiss deposits held in the name of the Marcoses’ Foundations. On November 18, 2003 the said decision of the Supreme Court become final and executory when it denied with finality the two (2) Motions for Reconsideration filed by the Marcoses. On January 22, 2004 a Write of execution was issued by the Sandiganbayan for the immediate transfer to the republic of the Philippines of the Swiss deposits held in escrow at the PNB. On January 30, 2004, transfer of the funds was made from the said escrow account to the Treasury of the Philippines.
Coco Levy Funds
On December 14, 2001, the Supreme Court in G.R. No. 14702-64 entitled “RP vs. COCOFED, Sandiganbayan and Eduardo Cojuangco” resolved that the government should be allowed to continue voting the sequestered shares of stock in UCPB inasmuch as those shares were purchased with coco levy funds – funds that are prima facie public in character or; at the very least; are “clearly affected with public interest”.
This decision allowed the PCGG to continue voting the sequestered shares in UCPB and SMC until the Sandiganbayan shall have completely resolved Civil Case Nos. 0033-A, 0033-B and 0033-F. the Supreme Court also ordered the Sandiganbayan to decide with finally the said cases within a period of six (6) months and to make a report to the Supreme Court on the progress of the said cases every three 93) months. On February 26, 2002. The Supreme Court issued its resolution denying with finality the Motion for Reconsideration of Eduardo Cojuanco, et al. affirming the nature of the coco levy funds as prima facie public funds and the Commission’s right to vote the sequestered UCPB shares. Consequently, the government was able to take over UCPB and the CIIF Oil Mills and their subsidiaries. For the first time, representatives of coconut farmers were appointed to the Boards of Directors of these entities.
On July 11, 2003, the Sandiganbayan ruled in Civil Case no.0033-A that the shares of stocks of the UCPB transferred to Eduardo Cojuangco and his associates with the use of coconut levy funds earlier declared as public funds, belong to the Republic of the Philippines as their true and beneficial owner. The Sandiganbayan, in its resolution dated December 28, 2004, denied all the Motions for Reconsideration filed by Eduardo Cojuangco, Lobregat and Enrile.
With respect to Civil Case no. 0033-F, PCGG’s Motion for Partial Summary Judgment on the 20% San Miguel Shares in the Name of Eduardo Cojuangco was denied by the Sandiganbayan in its resolution dated December 10, 2004. However, in a separate Motion for Partial Summary Judgment concerning the CIIF’s block of SMC shares (estimated at 27% at the time of decision). The Sandiganbayan grated the said motion on May 7, 2004, declaring that the SMC shares were obtained by CIIF using collections from the Coconut consumers’ stabilization Funds and Coconut Industry Development Fund. This was affirmed in the Sandiganbayan resolution dated December 28, 2004 denying the Motions for reconsideration filed by the respondents and affirming the government’s ownership and control over CIIF and the SMC held by the 14 Holding Companies. The forgoing case is currently the subject of a Petition for Re4view on Certiorari with the Supreme Court.
In a related dispute, the Sandiganbayan first Division in a resolution promulgated on December 13, 2001 granted the Motion to Reconsideration and Supplemental Motion for reconsideration filed by the PCGG. The Orders of Dismissal by the Court dismissing Civil Case no 0033-G were reconsidered and set aside thereby reinstating Civil Case No. 33-G vs. Eduardo Cojuangco, et al.
The PCGG has to contend with the continuing dilatory tactics of defendants’ counsels; contributing to the delayed resolution of its pending cases. Then, there is the continuing negative publicity leveled against the PCGG by its critics. Notwithstanding such challenges, the PCGG remains relentless in performing its mandate, by relying on the dedication of its officers and personnel. |
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Organizational Structure
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Past Chairmen and Commissioners
Jovito R. Salonga |
Feb. 28, 1986 |
Mar. 5, 1987 |
Ramon A. Diaz |
Mar. 9, 1987 |
Aug. 12, 1988 |
Adolfo S. Azcuna (Acting Capacity) |
Jul. 14, 1988 |
Aug. 14, 1988 |
Mateo Armando T. Caparas |
Aug. 15, 1988 |
Aug. 31, 1990 |
David M. Castro |
Sep. 1, 1990 |
Jun. 30, 1992 |
Magtanggol C. Gunigundo |
Jul. 1, 1992 |
Jun. 30, 1998 |
Felix M. De Guzman |
Jul. 2, 1998 |
Oct. 27, 1998 |
Alexander G. Gesmundo |
Oct. 28, 1998 |
Nov. 2, 1998 |
Magdangal B. Elma |
Nov. 4, 1998 |
Feb. 16, 2001 |
| Jorge V. Sarmiento (Acting Capacity) |
Feb. 21, 2001 |
Jul. 16, 2001 |
| Haydee B. Yorac |
Jul. 17, 2001 |
May 02, 2005 |
Pedro A. Yap |
March 1986 |
Apr. 1986 |
Ramon A. Diaz |
March 1986 |
Mar. 8, 1987 |
Mary Concepcion Bautista |
Feb. 28, 1986 |
Aug. 31, 1987 |
Raul A. Daza |
Mar. 1, 1986 |
Mar. 9, 1987 |
Quintin S. Doromal |
Apr. 28, 1986 |
Oct. 9, 1989 |
Orlando D. Romero |
April 1987 |
Oct. 13, 1988 |
Ramon E. Rodrigo |
April 1987 |
Nov. 8, 1988 |
Jose C. Laureta |
Dec. 1, 1987 |
Aug. 23, 1988 |
Augusto E. Villarin |
Oct. 1, 1988 |
Jan. 1, 1990 |
David M. Castro |
Oct. 1, 1988 |
Aug. 31, 1990 |
Rosalio A. De Leon |
Nov. 11, 1988 |
Mar. 1, 1990 |
Maximo A. Maceren |
Oct. 13, 1989 |
Dec. 31, 1992 |
Caesar Octavius V. Parlade |
Feb. 1, 1990 |
Jan. 11, 1991 |
Nievelena V. Rosete (Acting Capacity) |
Aug. 25, 1988 |
Apr. 17, 1989 |
Ma. Araceli H. Reyes (Acting Capacity) |
Aug. 25, 1988 |
Oct. 11, 1988 |
Arthur D. Defensor |
May 1, 1990 |
Feb. 12, 1992 |
Mario C.V. Jalandoni |
Feb. 22, 1991 |
Dec. 13, 1992 |
Zosimo C. Malabanan |
Sep. 1, 1990 |
Nov. 15, 1991 |
Atlee T. Viray |
Nov. 18, 1991 |
Jun. 30, 1992 |
Cesario L. Del Rosario (Acting Capacity) |
Feb. 27, 1992 |
Sep. 6, 1992 |
Reynaldo S. Guiao |
Sep. 7, 1992 |
Mar. 27, 1998 |
Hermilo R. Rosal |
Sep. 7, 1992 |
Jun. 30, 1998 |
Juliet C. Bertuben |
Jan. 4, 1993 |
Jun. 30, 1998 |
Herminio A. Mendoza |
Feb. 15, 1993 |
Jun. 30, 1998 |
Alexander G. Gesmundo |
Jul. 17, 1998 |
Feb. 16, 2001 |
Adelaido J. Rivera |
Jul. 17, 1998 |
Dec. 11, 1998 |
Marcelino F. Bautista, Jr. |
Jul. 17, 1998 |
Dec. 11, 1998 |
Antonio L. Rosales |
Jul. 17, 1998 |
Feb. 16, 2001 |
Antonio A. Merelos |
Dec. 11, 1998 |
Jun. 15, 2001 |
Jorge V. Sarmiento |
Dec. 11, 1998 |
Sep. 30, 2002 |
Ma. Gracia M. Pulido-Tan |
Oct. 14, 2002 |
May 05, 2003 |
Ruben C. Carranza, Jr. |
Mar. 29, 2001 |
Oct. 01, 2004 |
Victoria A. Avena |
Jun. 08, 2001 |
Jun. 07, 2004 |
William D. Dichoso |
Nov. 04, 2002 |
May 31, 2006 |
Vyva Victoria M. Aguirre |
May 05, 2003 |
May 31, 2005 |
Camilo L. Sabio |
Oct. 21, 2004 |
May 02, 2005 |
Alvin G. Dans |
Jun. 16, 2005 |
Dec. 31, 2005 |
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