CREATING A TASK FORCE TO INVESTIGATE AND PROSECUTE SUGAR SMUGGLING

WHEREAS, the economic recovery of the country depends to a great extent upon the development of basic agricultural products;

WHEREAS, sugar production in the Philippines had been severely
affected by the long dry spell because of the “El Niño” resulting to a
bad harvest by sugar farmers and hence the scarcity of the commodity in
the domestic market;

WHEREAS, there have been several verified reported incidents of
sugar smuggling in various parts of the country depriving the government
of duties and taxes and adversely affecting the price of sugar;

WHEREAS, the entry to the country of smuggled sugar causes the
destabilization of the price of sugar to the disadvantage of the local
sugar planters and manufacturers;

WHEREAS, there is an urgent need to organize a task force that will prevent sugar smuggling in the country;

WHEREAS, the Administrative Code of 1987 empowers the President
with the continuing authority to reorganize the Office of the President;

NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the
Republic of the Philippines, by virtue of the powers vested in me by
law, do hereby order:

SECTION 1. Organization. – There is hereby created a Task Force on Sugar Smuggling under the Presidential Anti-Organized Crime Commission (PAOCC).

SECTION 2. Composition. – The Task Force shall be
composed of selected members/operatives from law enforcement agencies
and representatives from other government agencies. It shall be headed
by a Chief, Task Force to be designated by the Chairman of the
Presidential Anti-Organized Crime Commission (PAOCC). The PAOCC shall
provide technical and administrative support staff to the Task Force.

SECTION 3. Advisory Council. – There is hereby created an Advisory Council on Sugar Smuggling to be composed of the following:

1. Administrator of the Sugar Regulatory Administration (SRA) – Chairman
2. Commissioner, Economic Intelligence and Investigation Bureau (EIIB) – Vice Chairman
3. Four (4) representatives from the Sugar Planters/Federation – Member
4. Two (2) representatives from the PAOCC – Member

The technical and administrative support staff of the Presidential
Anti-Organized Crime Commission (PAOCC) and the technical and
administrative staff of the Sugar Regulatory Administration (SRA) shall
serve as the Secretariat of the Advisory Council.

SECTION 4. Functions of the Advisory Council. – The Advisory Council shall perform the following functions:

1. Provide technical information on local and foreign shipments of sugar;
2. Recommend policies, programs, activities and composition of the Task Force;
3. Provide equipment and logistics of the Secretariat and the Task Force;
4. Recommend to the Chairman of the PAOCC the system of rewards and incentives for informants; and
5. Perform other functions as may be directed by the Chairman of the PAOCC.

SECTION 5. Powers and Functions. – The Task Force on Sugar Smuggling shall have the following powers and functions:

a. Conduct intelligence and counter-intelligence operations to identify persons or groups involved in the smuggling of sugar;

b. Issue warrant and detention orders on the smuggled sugar as well as on the vessel used in the smuggling of sugar;

c. Cause or direct the arrest and investigation of persons involved in sugar smuggling;

d. Refer the case at hand, as the Task Force may deem proper and
necessary to the Department of Justice and/or other appropriate law
enforcement agencies for investigation or prosecution;

e. Follow-up the progress of cases taken cognizance of by the Task Force on Sugar Smuggling;

f. Select and recruit from the Economic Intelligence and
Investigation Bureau (EIIB), Bureau of Customs (BOC), Philippine Ports
Authority (PPA), Philippine Coast Guard, PNP, NBI, AFP and other law
enforcement agencies for detail to the Task Force subject to the
conformity of the agency concerned;

g. Enlist the assistance of any government agency or office
including government corporation in the drive against sugar smuggling;
and

h. Grant monetary rewards or incentives to informants giving vital
information leading to the apprehension of persons involved in sugar
smuggling.

The provisions of Memorandum Order No. 225 with respect to the
delineation of functions among government agencies shall not apply to
the operations of the Task Force on Sugar Smuggling.

SECTION 6. Supervision and Control – The Task Force on
Sugar Smuggling shall be under the supervision and control of the
Presidential Anti-Organized Crime Commission.

SECTION 7. Operating Guidelines. – The Chairman of
Presidential Anti-Organized Crime Commission (PAOCC) may promulgate
operating guidelines as may be necessary to implement this Executive
Order in consultation with the Advisory Council.

SECTION 8. Disposition of Confiscated Sugar. – The sugar
confiscated by the government from sugar smuggling shall be held in
trust by the National Food Authority (NFA) to be sold to the public. The
proceeds of the sale shall be remitted to the Presidential
Anti-Organized Crime Commission (PAOCC) to be used in the payment of
rewards or incentives to informants and operatives and for the
operations of the Task Force.

SECTION 9. Effectivity. – This Executive Order shall take effect immediately.

Done in the City of Manila, this 26th day of October in the year of Our Lord, Nineteen Hundred and Ninety-Eight.

(SGD.) JOSEPH EJERCITO ESTRADA

By the President:

(SGD.) RONALDO B. ZAMORA
Executive Secretary