Metro Manila (CNN Philippines, October 5) — President Rodrigo Duterte has ordered the creation of the Presidential Anti-Corruption Commission to investigate all presidential appointees, including those outside the executive branch.

Executive Order No. 43, signed by Duterte on October 4, states the Commission is designed to assist the President in investigating and hearing administrative cases of graft and corruption.

The body, which is recommendatory, will submit its findings to the President or refer the case to the Office of the Ombudsman, or deputize any committee, commission, bureau, agency or department to conduct a fact-finding investigation.

"The President may conduct inquiries on all his appointees, and submit his findings to the proper disciplining authority," Executive Secretary Salvador Medialdea said on Thursday.

He said the President may, for example, refer the case to Congress for possible impeachment.

"The President as appointing authority is not prohibited by law or by the constitution to conduct lifestyle checks on his own appointees, but will not usurp the power to discipline certain independent constitutional officers such as the Ombudsman and judicial officials," he added.

The Presidential Anti-Corruption Commission will be composed of a chairman, and four commissioners. Most of the commissioners should be members of the Philippine Bar, and practitioners for at least five years.

Under the order, the Commission has the following powers:

Hear, investigate, gather and evaluate evidence, intelligence reports, and information in administrative cases against all presidential appointees in the Executive Branch of government with an Assistant Regional Director position or equivalent

Investigate presidential appointees in the Armed Forces of the Philippines and the Philippine National Police

Under President's instructions, or motu proprio, conduct lifestyle checks and fact-finding inquiries on acts by the government personnel, including those outside the Executive branch of government

The Commission may ask for the help of any law enforcement agency to obtain documents in aid of the investigation.

The Commission may also recommend to the President to issue a preventive suspension order against government personnel.

"The preventive suspension shall continue until the case is terminated by the Commission, but in no case shall it exceed 90 days," the order read.

The order also has a privacy clause, stating that the commission and its personnel shall not disclose or make public any record or information in connection with the investigation, when such disclosure will deprive respondents of the right to a fair and impartial investigation.

Power to summon

Under the order, the Presidential Anti-Corruption Commission can summon government personnel to the hearings.

It, however, states that "any delay or refusal without adequate cause to comply with a subpoena shall constitute a ground for administrative disciplinary action, to be recommended by the Commission to the President."

Last September 28, Duterte said he may create a commission to investigate what he calls "partiality" of the Office of the Ombudsman.

Read more: Duterte to form commission probing Ombudsman's 'partiality'

The President also threatened to arrest those who refuse to cooperate in the probe.

"'Pag hindi ka sumipot doon sa commission na 'yun, if I do not have the subpoena powers, then I will apply for a subpoena powers from the courts… 'Pag hindi kayo sumipot, aarestuhin — I will order the police and the military to arrest you. 'Yan lang ang paraan eh," Duterte claimed.

[Translation: If you don't show up, if I do not have the subpoena powers, then I will apply for a subpoena powers from the courts. If you fail to show up, I will order the police and the military to arrest you. That's the only way.]

Jurisprudence, however, states that such body has no power to cite people in contempt or order the arrest on people who do not comply with court summons.

The Supreme Court ruling in 2010 was on a similar commission created by former President Benigno Aquino Jr.

Dubbed the Philippine Truth Commission (PTC), the government body aimed to collect and assess evidence of graft and corruption allegedly committed under the administration of President Gloria Macapagal Arroyo.

The High Court ruled that the PTC had no power to cite people in contempt or order the arrest on people who do not comply with court summons.

The court also ruled the PTC violated the equal protection clause because it would only probe graft and corruption cases during previous administrations only, but not including the present.

The PTC was declared unconstitutional.