AMENDING EXECUTIVE ORDER NO. 8 CREATING A PRESIDENTIAL ANTI-ORGANIZED CRIME COMMISSION, TO INVESTIGATE AND PROSECUTE CRIMINAL ELEMENTS IN THE COUNTRY
under the Presidential Anti-Organized Crime Commission the various Task
Forces against organized crimes;
WHEREAS, a sustained,
relentless and dedicated campaign to minimize organized and syndicated
crimes as well as to neutralize their protectors in government are among
the priorities of the administration;
WHEREAS, the
Administrative Code of 1987 empowers the President with the continuing
authority to reorganize the Office of the President and to transfer from
one department or agency to another;
WHEREAS, the
creation of the Presidential Anti-Organized Crime Task Force and other
task forces especially tasked to investigate and prosecute criminal
syndicates and their protectors is imperative to bring about focus and
substantive results in the campaign against criminality and corrupt
practices;
WHEREAS, there is a need to identify and
effectively prosecute criminal groups and their protectors in government
through efficient intelligence and counter-intelligence efforts;
NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Republic of the Philippines, by virtue of the powers vested in me by law, for hereby order:
There is hereby created a Presidential Anti-Organized Crime Commission
(PAOCC), hereinafter referred to as the Commission, under the Office of
the President.
The existing task forces against organized crimes shall be under the control and supervision of the Commission.
The President may create or abolish task forces or special project groups as the need arises.
SECTION 2. COMPOSITION. The Presidential Anti-Organized Crime Commission shall be composed of the following:
| The President | — Chairman |
| The National Security Adviser | — Vice-Chairman |
| The Secretary of Justice | — Member |
| The Secretary of the Interior and Local Government | — Member |
| The Secretary of National Defense | — Member |
| The Chief of Staff, Armed Forces of the Philippines | — Member |
| Director-General, Philippine National Police | — Member |
| Four (4) representatives from the Private Sector to be appointed by the President | — Member |
Chairman of the Commission may create an Executive Committee, define
its functions and designate its members from among the members of the
Commission.
The Commission shall exercise general control and
supervision over the Task Forces or Special Project Groups. It shall
enlist the assistance of civic and other similar associations and
provide a forum for continuing consultation among concerned sectors of
our society leading to the formulation of policies to be recommended to
the President in the form of issuances and legislation.
SECTION 3. POWERS AND FUNCTIONS OF THE COMMISSION. The Presidential Anti-Organized Crime Commission (PAOCC) shall have the following powers and functions:
- Prepare
and implement a fast track anti-crime and anti-graft and corruption
action agenda and adopt appropriate measures to ensure an effective and
efficient anti-crime drive; - Conduct intelligence and
counter-intelligence operations to identify government officials and
employees, crime syndicates and their cohorts who are involved in
criminal activities; - Cause or direct the immediate
arrest, investigation and speedy prosecution of crime syndicates,
government officials and employees and their cohorts, with due regard to
constitutional processes; - Refer the cases at hand, as
the Commission or the Task Forces, may deem proper and necessary, to the
Department of Justice, and/or other appropriate law enforcement
agencies for investigation or prosecution, as the case may be; - Follow-up the progress of on-going investigation and prosecution of cases take cognizance of by the Task Forces;
- Recommend the passage of appropriate anti-crime issuances and legislations;
- Select
and recruit personnel from within the PNP, the AFP and other law
enforcement agencies for assignment to the Task Forces subject to the
conformity of the agency concerned; - Enlist the
assistance of any department, bureau, office, agency or instrumentality
of the Government, including government-owned and/or controlled
corporations, in the anti-crime and anti-graft and corruption drive,
which may include the use of their respective personnel, facilities and
resources for a more resolute prevention, detection and investigation of
crimes and prosecution of their perpetrators; - Subject
to the existing laws, grant monetary rewards or incentives to informants
giving vital information leading to the successful prosecution of
criminal offenders and corrupt government officials; - Coordinate
with the Witness Protection Security and Benefits Program Committee of
the Department of Justice to evaluate and assess witnesses who may
qualify under the provisions of Republic Act No. 6981, otherwise known
as the Witness Protection and Benefit Act; - Subject to
the approval of the President, authorized access to documents,
installations and facilities in pursuit of specific crime investigation
over government agencies and government-owned or controlled
corporations; and - Recruit civilian personnel and enlist their services for intelligence gathering efforts.
- Those
committed by organized/syndicated crime groups, including but not
limited to gunrunning, illegal logging, robbery/hold-up, kidnapping for
ransom, white slavery, illegal recruitment, carnapping, smuggling,
piracy, drug trafficking, falsification of land titles and other
government forms, large scale swindling, film piracy, counterfeiting and
bank frauds; - Those considered and punished as heinous crimes under Republic Act No. 7659 (Heinous Crime Law);
- Those committed by the members of the Philippine National Police and/or the Armed Forces of the Philippines;
- Those
committed by officials and employees of government agencies including
government agencies including government-owned and controlled
corporations; - Such other criminal offenses as the President may determine from time to time.
organized/syndicated crime group for purposes of this Executive Order
means a group of two or more persons collaborating, confederating or
mutually helping one another in the commission of any crime and
sometimes enjoying the protection of people in the government and public
service.
The President of the Philippines shall delineate and
identify the specific offenses or crimes that will be handled by the
Task Forces of Special Project Groups.
SECTION 5. AGENCIES ASSISTANCE.
In the performance of its functions, the Commission and its Task Forces
or Special Project Groups may call for assistance from any government
agencies and instrumentalities including local governments.
SECTION 6. COMPOSITION AND LEADERSHIP OF TASK FORCES.
The Task Forces or Special Project Groups shall be composed of selected
PNP/AFP members and representatives from other government agencies. The
Head of the Task Forces/Special Project Groups shall be appointed or
designated by the President.
SECTION 7. COMMAND AND CONTROL. The flow of command and control of the Task Forces shall be as follows:
- The Task Force Chief shall report and be directly responsible to the President;
- The
Task Force Chief shall have immediate supervision and control over all
units of the Task Forces. He is authorized to designate duties and
functions of personnel under him; - The component units
from the PNP, AFP, DOJ and selected/chosen representatives of other
government agencies shall be attached to the Task Forces by their
respective mother units. The Task Forces shall have direct operational
and supervisory authority over these personnel.
The budget of the Presidential Anti-Organized Crime Commission and its
Task Forces shall be incorporated in the budget proposal of the Office
of the President.
The Chairman of the Commission shall determine
the budgetary allocation of the Task Forces/Special Project Groups, law
enforcement agencies and the Armed Forces of the Philippines that are
involved in the campaign against organized crimes.
SECTION 9. OPERATING GUIDELINES.
The Commission and the Task Forces/Special Project Groups shall adopt,
in coordination with concerned law enforcement agencies, such operating
guidelines as may be necessary to implement this Executive Order,
subject to the approval of the President. It shall submit to the
President through the Commission, reports of its activities with
appropriate recommendations for the information and guidance of the
President.
The existing Task Forces shall continue to perform
their respective functions as provided in the Executive Orders creating
them except those provisions that are inconsistent with the provisions
of this Executive Order.
SECTION 10. COORDINATING INSTRUCTIONS.
The intendment of this issuance is to put strong and intensified focus
against organized/syndicated crimes, heinous and related offenses to be
addressed by the task Forces in the course of the government’s
anti-crime campaign, while the Philippine National Police (PNP) shall
continue to be the primary general law enforcement agency of the country
pursuant to Republic Act No. 6975, as amended. Accordingly, close
coordination and cooperation shall be undertaken by the Chief of the
Task Forces, the Chief, PNP and other heads of law enforcement agencies,
to insure synergy in the overall anti-crime campaign. Vertical and
lateral coordination among operating units, consistent with the security
need to prevent compromise in police operations, is hereby enjoined.
SECTION 11. REPEALING CLAUSE.
Any provision of Executive Order No. 8 issued on July 22, 1998,
Executive Order No. 61 issued on January 15, 1999 and Executive Order
No. 62 issued on January 15, 1999 inconsistent with the provisions of
this Executive Order are hereby repealed or modified accordingly.
SECTION 12. EFFECTIVITY. This Executive Order shall take effect immediately.
DONE in the City of Manila, his 28th day of September in the year of Our Lord, Two Thousand.
By the President:
RAMON B. ZAMORA
Executive Secretary