House seeks to create new anti-corruption body

MANILA, Philippines - The House of Representatives is fast-tracking the passage of a bill creating a National Independent Commission Against Corruption (NICAC) whose members will come from non-political sectors with “untainted integrity,” a senior administration lawmaker said yesterday.

Cagayan de Oro City Rep. Rufus Rodriguez said House Bill 2903 creating the NICAC is already pending with the House committee on government reorganization chaired by Zamboanga del Norte Rep. Cesar Jalosjos.

“In the Philippines, anti-graft bodies were created in an effort to curb corruption. However, these anti-graft bodies lack the real independence that an anti-corruption body requires. They just become part of the already bloated and corrupt bureaucracy,” Rodriguez said.

He said the bill will create an “unimpeachable anti-corruption agency with personnel selected from civil society and is subject to strict disciplinary codes and anti-corruption check.”

“Is there a need to create another body to fight corruption? Yes, but it must have real independence and the powers to implement its mandate,” Rodriguez said.

“Corruption kills and adds to global insecurity and the risks of war. Corruption increases poverty, curbs freedom, undermines human rights and distorts trade,” he added.

He said the Transparency International Corruption Perceptions Index shows levels of perceived corruption are high in most nations of the world.

“People can tell stories about how corruption in its worst form, notably the abuse of public office for private gain, takes a daily toll on their lives,” Rodriguez said.

Among the vital functions and powers of the commission are the implementation of the United Nations Convention Against Corruption, which covers a compelling range of issues such as international security, arms control, poverty alleviation, justice, democracy, human rights and fair trade.

It will also be involved in the implementation of a national anti-corruption framework, program strategies and a corresponding action agenda of the government in consultation with government agencies, the private sector, and civil society organizations.

It will have the power to investigate, summon witnesses, administer oaths, take testimony or evidence relevant to its investigations and issue compulsory process to produce documents, books, records and such other matters, in the performance of its functions; and initiate legal action in cases where a party refuses to take oath, give testimony or produce documents for inspection, when lawfully required.

Likewise, the commission can grant immunity to any person whose testimony or possession of documents or other evidence is necessary or convenient to determine the truth in an investigation conducted by it or under its authority.

It can also endorse prosecution to the Office of the Ombudsman or the Department of Justice, as the case may be, upon finding of a prima facie case, any matter that the commission shall find to constitute graft and corruption committed by a public official, private group or individual.

Under the bill, the commission shall be headed by a chairperson, assisted by three commissioners who shall be appointed by the President without requirement of confirmation. They shall serve on a full-time basis and not hold any other public office. The chair shall serve a term of five years and the commissioners a term of three years.