09/09/2025
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Legal Analysis on the Abolishment of the Presidential Anti-Corruption Commission (PACC)
I. ISSUE
Whether the abolishment of the Presidential Anti-Corruption Commission (PACC)through Executive Order No. 1, s. 2022 is legally sound, considering its statutory mandate, constitutional underpinnings, and the potential implications on the executive's accountability
mechanisms.
II. BRIEF ANSWER
The abolition of the PACC raises significant legal and constitutional concerns. While the President possesses the authority to reorganize the executive branch, the elimination of a legally established anti-corruption body without providing an equally effective and independent alternative may constitute an abuse of discretion and a violation of constitutional principles, particularly those ensuring accountability and transparency in government.
III. FACTUAL BACKGROUND
1. Establishment of PACC:
The PACC was created under Executive Order No. 43, s. 2017 by President Rodrigo Duterte. Its primary mandate was to assist the President in investigating and hearing administrative cases involving graft and corruption against presidential appointees and other public officials. The commission was also authorized to conduct lifestyle checks and fact-finding investigations concerning public officers allegedly involved
in corrupt practices .
2. Abolition of PACC:
On June 30, 2022, President Ferdinand “Bongbong” Marcos Jr. issued Executive Order No. 1, s. 2022, which abolished the PACC and the Office of the Cabinet Secretary. The jurisdiction, powers, and functions of the PACC were transferred to the Office of the Deputy Executive Secretary for Legal Affairs, with the stated aim of achieving “simplicity, economy, and efficiency” in the bureaucracy .
3. Criticism and Concerns:
Critics argue that the abolition of the PACC may weaken the government's efforts to combat corruption, as the commission provided direct oversight over presidential appointees and other executive officials. The transfer of its functions to another office may dilute its independence and effectiveness in addressing corruption within the
executive branch .
IV. LEGAL AND CONSTITUTIONAL ANALYSIS
A. Presidential Authority to Reorganize
Constitutional Basis:
Article VII, Section 17 of the 1987 Constitution vests the executive power in the President and grants him control over all executive departments, bureaus, and offices. This includes the authority to reorganize the executive branch to promote efficiency
and effectiveness .
Limitations on Reorganization:
While the President has the authority to reorganize, such actions must not contravene existing laws or undermine constitutional principles. The abolition of the PACC without establishing an equally effective and independent body may violate the constitutional mandate for accountability and transparency in government.
B. Statutory Mandate of PACC
Executive Order No. 43, s. 2017:
This executive order legally empowered the PACC to serve as a quasi-investigative body within the executive branch, tasked with monitoring corruption among presidential appointees. Its functions included conducting lifestyle checks, factfinding investigations, and recommending administrative or criminal cases to the
Office of the Ombudsman .
Amendment by Executive Order No. 73, s. 2018:
This amendment expanded the jurisdiction and powers of the PACC, further
solidifying its role in the executive's anti-corruption efforts .
C. Constitutional Principles of Accountability and Transparency Article II, Section 1 of the 1987 Constitution:
This section declares that the State shall serve and protect the people and promote justice. The abolition of the PACC, without providing an effective alternative, may undermine this constitutional commitment by weakening mechanisms designed to
ensure accountability in government.
Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees):
This law mandates public officials and employees to uphold the highest standards of ethics and accountability. The PACC played a crucial role in enforcing these standards among presidential appointees. Its abolition without a suitable replacement
may hinder the enforcement of ethical conduct within the executive branch.
V. ANALYSIS OF THE ABOLITION
1. Potential Violation of Statutory Law:
The PACC was established by Executive Order No. 43, s. 2017, which remains in
effect unless explicitly repealed or amended. The abolition of the PACC without
repealing this executive order may constitute a violation of statutory law.
2. Erosion of Accountability Mechanisms:
The PACC provided a dedicated and independent body to investigate corruption within the executive branch. Its abolition may lead to a concentration of power in the Office of the Deputy Executive Secretary for Legal Affairs, potentially compromising
the independence and effectiveness of anti-corruption efforts.
3. Risk of Political Interference:
Transferring the PACC's functions to another office within the executive branch may expose anti-corruption investigations to political influence, undermining public trust
in the government's commitment to combat corruption.
VI. RECOMMENDATIONS
1. Re-establishment of PACC or Equivalent Body:
Congress should consider enacting legislation to re-establish the PACC or create an
equivalent independent body with the same or enhanced powers to investigate and
address corruption within the executive branch.
2. Legislative Oversight:
Congress should exercise its oversight functions to ensure that any office assuming
the PACC's functions operates independently and effectively, free from political
interference.
3. Judicial Review:
A petition for judicial review may be filed to determine the legality of the abolition of
the PACC and its compliance with constitutional and statutory requirements.
VII. CONCLUSION
The abolition of the PACC through Executive Order No. 1, s. 2022, raises significant legal and constitutional issues. While the President has the authority to reorganize the executive branch, such actions must not contravene existing laws or undermine constitutional
principles. The elimination of a legally established anti-corruption body without providing an equally effective and independent alternative may constitute an abuse of discretion and a
violation of the constitutional mandate for accountability and transparency in government.
