WHISTLEBLOWERS PARTNERSHIP

WITH
PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT (PCGG) and/or Truth Commission

17 December 2010
President BENIGNO AQUINO III

Thru: Justice MAGDANGAL B. ELMA

Dear President Aquino:

This concerns the Corona Court’s decision to sabotage the Truth Commission.
While there have been many criticisms about the lack of due diligence in the
preparation of the Truth Commission, and the questionable integrity of its
Chairman, what is certain now is that whistleblowers are not giving up on what
they have been fighting for, whatever the forum may be.

Genuine whistleblowers are at the battle front of anti-corruption, enduring

persecutions during the dark days of the Arroyo regime. Some whistleblowers
fell by the storm of assassination bullets. The masterminds are still in power.
Some of the surviving genuine whistleblowers have a track record of saving
several Billion Pesos for the government. Many among us whistleblowers were
your supporters when you were campaigning for President. When you finally
became President, we did not receive a single reward from you, and yet we did
not and will not stop in our crusade against the atrocities and plunders of the
previous regime. We are not inventing stories when we talk about billions of
pesos of plunder. We mean what we say. We can give you rock hard evidence,
if you wish. More importantly, we want to convince others who are already
“holding the whistle” but still too afraid to “blow” because the previous regime
is still very much in power until today, despite your Presidency. Therefore we
propose a high-impact strategy, standing on solid legal ground, where proven
whistleblowers and anti-corruption NON-GOVERNMENT ORGANIZATIONS (NGO) will
assist the PCGG and/or Truth Commission. The proposal has built-in legal
features ready to withstand the next attack by the Corona Court. Please see in
the attachment a draft of this proposal consisting of three components:

SHAME CAMPAIGN TRANSPARENCY ACTION COUNCIL (SHACATAC),

LIBEL SHIELD FOR LIFE STYLE CHECK INVESTIGATORS (LISLISCIN), and
PUBLIC PRIVATE PARTNERSHIP RESEARCH ASSISTANCE FOR THE TRUTH COMMISSION (PPPRATC).

May we request a meeting with a technical working group to discuss the details
of this proposal? Thank you and sincerely yours, we are:
DOJ = Department of Justice

PCGG = Presidential Commission on Good Government

 Republic of the Philippines
Malacañang
Manila

DRAFT EXECUTIVE ORDER № ____

Launching the
SHAME CAMPAIGN TRANSPARENCY ACTION COUNCIL (SHACATAC),
LIBEL SHIELD FOR LIFE STYLE CHECK INVESTIGATORS (LISLISCIN), and
PUBLIC PRIVATE PARTNERSHIP RESEARCH ASSISTANCE FOR THE TRUTH COMMISSION (PPPRATC).

WHEREAS several provisions in the Constitution mandate the observance of

transparency in public service, such as:

(A) Article II, Section 24: The State recognizes the vital role of
communication and information in nation-building.

(B) Article II, Section 27: The State shall maintain honesty and integrity in
the public service and take positive and effective measures against graft
and corruption.

(C) Article II, Section 28: Subject to reasonable conditions prescribed by

law, the State adopts and implements a policy of full public disclosure of
all its transactions involving public interest.

(D) Article III, Section 8: The right of the people to information on matters
of public concern shall be recognized. Access to official records; and to
documents and papers pertaining to official acts, transactions, or
decisions; as well as to government research data used as basis for policy
development; shall be afforded the citizen, subject to such limitations as
may be provided by law.

(E) Article XI, Section 1: Public office is a public trust. Public officers and
employees must at all times be accountable to the people; serve them
with utmost responsibility, integrity, loyalty, and efficiency; act with
patriotism and justice; and lead modest lives.

(F) Article XI, Section 17: A public officer or employee shall, upon
assumption of office and as often thereafter as may be required by law,
submit a declaration under oath of his assets, liabilities, and net worth.
In the case of the President, the Vice-President, the Members of the
Cabinet, the Congress, the Supreme Court, the Constitutional
Commissions and other constitutional offices, and officers of the armed
forces with general or flag rank, the declaration shall be disclosed to the
public in the manner provided by law.

(G) Article XII, Section 21: Foreign loans may only be incurred in
accordance with law and the regulation of the monetary authority.
Information on foreign loans obtained or guaranteed by the Government
shall be made available to the public.
WHEREAS, on many occasions during the past administrations, the
transparency and corruption ratings of the Philippine government had been
alarmingly disgraceful in the scorecards of several reputable international
organizations, even to the point of being the “most corrupt” according to one of
the said international organizations.

WHEREAS under the Administrative Code (Book III, Title 1, Chapter 10,
Section 31), the President has continuing authority to reorganize his office.

Now therefore I, President Benigno Aquino III, hereby order:

Section 1. Coordinator. – The SECRETARY OF JUSTICE (SOJ) shall serve as the

Coordinator for implementing this Executive Order. The SOJ may delegate the
details of coordination to persons with proven integrity and competence.

Section 2. Policy. – Pursuant to Section 28, Article II of the Constitution, the

State adopts and implements a policy of full public disclosure of all its
transactions involving public interest.

Section 3. Scope:

3.1. Persons: The scope covers transacting parties of transactions involving

public interest.

3.2. Interest: Implementation of this Executive Order shall start with

determining which transactions involve public interest.

3.3. Purpose: Implementation of this Executive Order shall compel the said
transacting parties into making a full public disclosure of all their
transactions involving public interest.

3.4. Enforcement: Those within the scope who refuse to comply with the
said Constitutional duty of making a full public disclosure shall be the
target of an intensive life style check investigation, and thereafter, if
necessary, an extensive shame campaign.

Section 4. SHAME CAMPAIGN TRANSPARENCY ACTION COUNCIL (SHACATAC).

Parallel to the historical fifty (50) advisers of the late former President Corazon
C. Aquino, the incumbent President shall select fifty (50) persons with proven
integrity and competence, who shall be willing to work on pro bono publico or
voluntary donation basis, and who shall serve as voting council members of the
SHACATAC. Preferably, each voting council member shall represent a
reputable NON-GOVERNMENT ORGANIZATION (NGO) which shall bear the burden of
paying for the services of the member. The SHACATAC shall decide, by
majority vote, questions about:

4.1. Which transactions involve public interest?

4.2. Who are bound to make a full public disclosure?

4.3. Who are the violators of the duty to make a full public disclosure?

4.4. Which violations must the SHACATAC investigate first, second, third,
and so on, until closure of all transparency investigations?
Section 5. PUBLIC PRIVATE PARTNERSHIP (PPP). – The SHACATAC shall serve as
the public partner while the private partners shall be:

5.1. News broadcast organizations, reporters, investigative journalists, media

practitioners, internet website hosts, or other similar persons or groups;
and/or

5.2. Whistleblowers.

Section 6. Confidential Information. – If an anonymous whistleblower (under

subsection “5.2”) relates in confidence any explosive information to a news
reporter (under subsection “5.1”), the news reporter shall be free from any
compulsion to reveal the anonymous “source” pursuant to Republic Act № 53,
otherwise known as the Sotto Law, effective since 05 October 1946.

Section 7. PPP contract. – The public partner and each private partner shall
agree on a PUBLIC PRIVATE PARTNERSHIP RESEARCH ASSISTANCE FOR THE TRUTH
COMMISSION (PPPRATC).

Section 8. Transparency commencement. – The PPPRATC shall have authority

to remind those who were transacting parties in a “transaction involving public
interest” to abide with the Constitutional policy of “full public disclosure”
pursuant to Section 28, Article II of the Constitution.

Section 9. Transparency violation. – If a transacting party violates the

Constitution by refusing to make a full public disclosure (pursuant to Section
28, Article II of the Constitution), the PPPRATC shall immediately conduct an
intensive life style and asset check of the transparency violator.

Section 10. Presumption arising from suppression. – The Rules of Evidence

[Rule 131, Section 3 (e)] presume that evidence is adverse against whoever
willfully suppresses its production.

Section 11. Burden of Evidence:

11.1. Burden of Proof – A fundamental rule of evidence requires that whoever

makes an allegation or accusation shall bear the burden of presenting
“preponderant evidence” to prove the allegation or “evidence beyond
reasonable doubt” to prove the accusation.

11.2. Burden of Transparency – Section 28, Article II of the Constitution

requires that public officials, and the private persons they transact with,
shall bear the burden of implementing a policy of full public disclosure of
all transactions involving public interest. Pursuant to the underlying
Constitutional principle, the transacting parties shall not shift this
burden back to those who expose the said transaction involving public
interest. This Executive Order shall focus on cases where the burden of
transparency rule is applicable.

Section 12. Website. – The SHACATAC and/or PPPRATC shall upload in a

reliable public website all information about transparency violators. Anyone
shall have the right to comment to or question any web information in favor or
against a transparency violator. The said comments or questions shall likewise
be viewable and downloadable from the website.
Section 13. Retaliatory Libel Cases. – There shall be a LIBEL SHIELD FOR LIFE
STYLE CHECK INVESTIGATORS (LISLISCIN). The National Prosecution Service and
its prosecutors shall temporarily archive all libel complaints which anyone may
file versus any member of the SHACATAC or PPPRATC in connection with the
life style checks. The said libel complaints shall remain in archive until closure
of all transparency investigations under this Executive Order.

Section 14. Funding. – The SHACATAC shall set itself as a model example of
utmost efficiency in the use of public funds.

14.1. During the preparation phase, the SHACATAC shall focus on tasks that
require minimal budget or activities that may receive voluntary donations
or assistance from the private sector, but under the strict condition that
donors and volunteers shall not expect any return of gratitude. An
independent report of the identities of the donors and volunteers shall be
viewable and downloadable from the website.

14.2. Considering the uncertainty of the budget, the SHACATAC may raise its
own funds by innovative means such as by allowing its website or other
publications to accept advertisements that are non-political and have no
effect of defeating the purposes of this Executive Order.

14.3. For the success of the program, the Office of the President shall set aside
a budget in an amount not exceeding ____________________________ Pesos.

Section 15. Tax Informants’ Reward. – If the efforts of a PPPRATC shall result
to a tax collection, the private partner of that PPPRATC shall have a right to
claim the tax informants’ reward under existing tax laws.

Section 16. Personnel. – The SHACATAC shall engage first those who are
willing to serve on pro bono or voluntary donation basis. After the program
attains momentum, the SHACATAC shall organize a personnel force in
accordance with the pertinent Civil Service Commission rules, taking into
consideration global best practices for effective organizations. All personnel
shall voluntarily submit to a lifestyle check and execute a waiver of the right to
secrecy of bank deposits under Republic Act № 1405. Their PERSONAL DATA
SHEET (PDS) and STATEMENT OF ASSETS, LIABILITIES, AND NET WORTH (SALN) shall
be viewable and downloadable from the SHACATAC’s website.

Section 17. Consultants. – The SHACATAC shall have the power to contract the
services of honest and competent consultants who shall voluntarily submit to a
lifestyle check and execute a waiver of the right to secrecy of bank deposits
under Republic Act № 1405. Their PDS and SALN shall be viewable and
downloadable from SHACATAC’s website. All consultancy fees shall be modest.

Section 18. Office. – The SHACATAC may use office spaces available in
government buildings that are conveniently accessible to the general public. If
no such office space is available, the SHACATAC may either rent from private
lessors or accept any private sector offer for free use of office space and facility,
but under the strict condition of “no return of gratitude” policy to the offeror.

Section 19. Procurement. – In accordance with the Government Procurement

Reform Act (Republic Act № 9184), the SHACATAC may procure goods and
services necessary for accomplishing the purposes of this Executive Order.
Section 20. Identifying Issues. – The SHACATAC shall prepare a tentative list of
serious transparency violations. The tentative list shall undergo consultations
where participants may add but shall not subtract issues. If anyone attempts
to subtract an issue, the SHACATAC shall treat the attempt as one additional
issue.

Section 21. Prioritizing Issues. – The SHACATAC may survey the consultation
participants about prioritizing the issues from grave to trivial to optimize use of
available time and resources by starting with high impact issues before
proceeding to the next priority issues. The consultations may include:

21.1. PUBLIC OPINION OF LOCAL EXECUTIVES (POLEX) and PUBLIC OPINION OF LOCAL
LEGISLATORS (POLL). – The SHACATAC shall submit the tentative list to all
Governors and Board Members. In turn, the Governors and Board
Members may consult their respective Mayors and Councilors. Those
who participate in the POLEX and POLL may either select items in the
list or add new items or otherwise submit comments for the guidance of
the SHACATAC.

21.2. NON-GOVERNMENT ORGANIZATIONS (NGO), PEOPLE’S ORGANIZATIONS (PO),

CIVIL SOCIETY ORGANIZATIONS (CSO). – On first-come-first-serve basis, any
NGO, PO, CSO, or similar entity may participate in the SHACATAC’s
consultation on issues.

21.3. On-Line Poll. – The SHACATAC’s website shall conduct on-line polls
wherein any person in cyberspace may submit on-line comments to the
SHACATAC’s consultation on issues. Thereupon, the SHACATAC may
sort which among the cyber comments are worthy of consideration.

21.4. Any person or group may propose ways and means to maximize public
consultations at the minimum possible cost to the SHACATAC.

21.5. At any stage of the public consultation process, Congress may add
inputs for the guidance of the SHACATAC.

Section 22. Identifying Respondents. – After identification of issues and their

respective priority ratings, the SHACATAC shall identify the persons who are
probably responsible for the acts or omissions from which the issues grew.

Section 23. Invitation. – The SHACATAC shall invite each respondent to make a
“full public disclosure of the transactions involving public interest” to which
they were parties, pursuant to Section 28, Article II of the Constitution.

Section 24. Official Documents. – If the documentary evidence necessary for

full public disclosure are in the custody of another agency within the executive
branch of government, the SHACATAC shall have the power to issue subpoena
duces tecum, therein directing the custodian to recognize the “right of the
people to information on matters of public concern” and to afford the citizen
“access to official records; and to documents and papers pertaining to official
acts, transactions, or decisions; as well as to government research data used as
basis for policy development” pursuant to Section 8, Article III of the
Constitution.
Section 25. Transparency Investigation. – The act or omission of a respondent
in refusing or failing to make a “full public disclosure” shall trigger
transparency investigations against him before the SHACATAC.

Section 26. Rules of Court. – In the conduct of transparency investigations, the

SHACATAC may apply by analogy or in a suppletory manner the pertinent
principles in the Rules of Court of the Philippines.

Section 27. Discovery Procedures. – To effectively achieve the purposes of

transparency investigations, the SHACATAC or any party before it may use the
modes of discovery under Rules 23 to 29 of the Rules of Court.

Section 28. Maximum Transparency. – The SHACATAC shall practice what it

preaches by maximizing the use of the best available transparency monitoring
technologies that are affordable within the budget. Hearings shall allow
coverage by audio+visual recording technologies, subject to reasonable security
rules and regulations that only intend to ensure fair and equal access among
competing news broadcasting organizations.

Section 29. Counsel. – Whenever the SHACATAC orders a person to testify

before it, he shall, at any stage of the proceedings, have the right to “competent
and independent counsel, preferably of his own choice” pursuant to Subsection
(1), Section 12, Article III of the Constitution.

Section 30. Witness and Whistleblower Protection. – The SHACATAC shall have
the power to require any law enforcement agency to assist in protecting those
who testified or will testify for or under this Executive Order.

Section 31. Continuing Reports and Recommendations. – As soon as possible,

the SHACATAC and/or PPPRATC shall submit reports and recommendations to
any or all of the following:

31.1. Presidential Commission on Good Government;

31.2. Truth Commission;
31.3. Department of Justice;
31.4. Department of Finance;
31.4.1. Bureau of Internal Revenue;
31.4.2. Bureau of Customs;
31.5. Civil Service Commission;
31.6. Commission on Audit;
31.7. Commission on Human Rights; or
31.8. Office of the Ombudsman.

Section 32. IMPLEMENTING RULES AND REGULATIONS (IRR). – This Executive Order
shall be self-executory. However, the SHACATAC may formulate a clear and
simple IRR for effective implementation of this Executive Order.

Section 33. Repealing Clause. – This Executive Order modifies or repeals all
irreconcilably inconsistent executive issuances germane to the same subject.

Section 34. Separability Clause. – If a court of competent jurisdiction declares

any portion of this Executive Order as unconstitutional or invalid, such
declaration shall not affect the other provisions in this Executive Order.

Section 35. Effectivity Date. – This Executive Order shall take effect after fifteen
days from publication in two newspapers of general circulation.