EXECUTIVE ORDER NO. 280
EXECUTIVE ORDER NO. 280 - CREATING
A PRESIDENTIAL TASK FORCE OF INTELLIGENCE AND COUNTER-INTELLIGENCE TO
IDENTIFY, ARREST AND CAUSE THE INVESTIGATION AND PROSECUTION OF
MILITARY AND OTHER LAW ENFORCEMENT PERSONNEL ON THEIR FORMER MEMBERS
AND THEIR COHORTS INVOLVED IN CRIMINAL ACTIVITIES
WHEREAS, the crime situation in the
country continues to defy meaningful solution even as it tends to
undermine the gains the government has made in its economic recovery
effort;
WHEREAS, the public views eight deep concern the alarming increase in
heinous crimes, particularly kidnap for ransom bank robbery, and other
organized crimes’;
WHEREAS, current statistics from the Presidential Anti-Crime commission
show that 40% of organized crimes Commission show involve scalawags in
the military and law enforcement agencies, either active, discharge
from the service or absent without leave.
WHEREAS, the government drive against criminality will encounter
difficulty unless these scalawags and their cohorts are identified,
arrested, prosecuted ad put in jail;
WHEREAS, there is a need to organize an intelligence and
counterintelligence task force dedicated for the purpose of
identifying, arresting and effectivity prosecuting scalawags in the
military and other law enforcement agencies.
WHEREAS, based on experience, the creation of a counterintelligence
unit in the AFP dedicated to the neutralization and prosecution of
scalawags in the AFP has been successful, thus raising the possibility
that counterintelligence operations can be expanded to cover all law
enforcing agencies engaged in the anti-crime drive;
NOW, THEREFORE, I FIDEL V. RAMOS, President of the Philippines by
virtue of the powers vested in me by law, do hereby order:
Section 1. Organization. — There is hereby created a
Presidential Task Force on Intelligence and Counterintelligence Against
Scalawags.
Sec. 2. Leadership Composition and Organizational
Structure. — The Task Force shall be headed by the Chief, Intelligence
Service, Armed Forces of the Philippines, assisted by a PNP officer who
shall serve as the Deputy Task force Commander for
Intelligence/Operations, and a NBI Official who shall be designated as
the Deputy Task Force Commander for Investigation and Legal Affairs.
Structurally, the Task force shall be organized as follows:
a.
Directly under the Task Force Commander are the Executive Officer and a
functional staff that shall assists the task force Commander in the
implementation, supervision and orchestration of Task Force policies
and orders within their respective functional areas.
b. A Task
Force Operations Center (TFOC) shall be created to monitor and
orchestrate the day-to-day operational activities of the Task Force. I
shall be manned by elements from the different agencies involved.
c. Component
force shall be organized separately to be composed of competent and
dedicated elements from the PNP, NBI, DOJ, NICA, AFP Major Service CI
Units, ISAFP and other units/agencies concerned, as may be deemed
necessary. They shall be directly under the provision and control of
the Task Force commander.
d. The
National organizational setup shall be replicated or similarly
organized in the regions except the National Capital Region which shall
be placed under the jurisdiction of the NCR-based national
organization. The creation of the Regional Task Groups outside NCR
shall be phased in and selectively determined according to operational
necessity. Among the regions which will be given priority after NCR are
Region 9, Region 12, the Autonomous Region for Muslim Mindanao (ARMM)
Region 7, Region 6, Region 3, and Region 4. Other regions may follow as
the need arises.
e. The
assistant Group Commanders of the Filed Military Intelligence Groups,
ISAFP, shall act as the Regional Task Group Commander for their
respective regions.
f.
Transformation, communications, firearms and individual equipment of
personnel of the component forces shall be provided by their respective
mother agencies.
Sec. 3. Coordination. — The Task Force is hereby
authorized to enlist the assistance of any branch, department, bureau,
office, agency or instrumentality of the Government, including
government-owed and/or controlled corporations in the performance of
its functions.
Sec. 4. Command and Control. — The line of command
and control of the Task Force is as follows.
a.
The Task Force Commander shall report and be directly responsible to
the President.
b. The Task
Force commander shall have direct responsibility, supervisions and
control over all component forces of the Task Force. He is hereby
authorized to select and designated all the personnel who will
work under him.
c. The
component forces, elements from the NBI, PNP, DOJ, NICA and AFP Service
Counterintelligence Units must be attached and assigned to the Task
force, i. e., their respective mother units shall provide/assign a
permanent force to the Task Force. The component force so attached and
assigned shall hold office or report to the Task force Headquarters
daily. The Task Force Commander shall have directive and supervisory
authority over them.
d. Each
component force shall have a designated Commander who shall directly be
responsible for his units. He shall report and receive orders directly
from the Task Force Commander.
Sec. 5. Powers and Functions. — The Task Force
shall have the following powers and functions:
a.
Conduct intelligence and counterintelligence operations to detect and
identify active and former military and police personnel and their
cohorts involves in criminals activities.
b. Cause or
direct the immediate arrest, investigation and speedy prosecution of
such military and police personnel and their cohorts in accordance with
constitutional process.
c. Refer the
case at hand, as the Task Force may deem proper and necessary, in the
interest of efficient and expeditious, dispensation of criminal
justice, to the Presidential Anti-Crime Commission (PACC) and/or other
appropriate law enforcement agency or prosecution office, for
investigation or prosecution, as the case may be.
d. Monitor the
progress of on-going investigation and prosecution of cases taken
cognizance of by the Task-Force.
e. Recommend
appropriate anti-crime issuances and legislation to the President, PACC
and Congress.
f. Conduct
other special anti-crime operations as the President may direct.
Sec. 6. Duties and Tasks. — The Personnel and
competent units of the Task Force shall perform the following duties
and tasks:
a.
Task Force Commander. Principally responsible for the successful
implementation of Task Force mission and functions, directs and
supervises the overall conduct of Task Force operations and perform
such other functions as the President may direct.
b. Deputy Task
Force Commander for Intelligence/Operations. Assists and advises the
Task Force Commander on matters pertaining to intelligence/operations.
c. Deputy Task
Force Commander for Legal and Investigation. Assists and advises the
Task Force Commander on legal and investigation matters.
d. Executive
Officer. Principal Staff Adviser of the Task Force Command. Supervises
and ensures that all policies and instructions of the Task Force
Commander are properly implemented by concerned staff officers; ensures
the normal and smooth functioning and coordination of staffs.
e. Working
Staff . Advises and is responsible to the Commander on various matters
including personnel, supply and logistics requirements, technical and
signal support, intelligence/operations, and legal/investigation
matters.
f. Task Force
Operations Center (TFCOC). Monitors the day to day operational
activities of the Task Force.
g. DOJ
Component. Directly responsible for the prosecution of cases and
securing Warrants of Arrest and Search
h.
NICA/PNP/NBI/ AFP Major Service and ISAFP CI Units and Other
Components. Conduct case buildup and counteraction operations against
targeted personalities/syndicates. Gather, collect and preserved piece
of evidence for use against targeted suspects.
i. Regional
Task Groups (RTG’s). Conduct case buildup, counteraction operations and
prosecution of targeted criminal syndicates in their respective AORs.
Sec. 7. Operating Guidelines. — In the
implementation of this Executive Order, the Task Force must follow the
following guidelines:
a.
The Task Force shall focus its efforts primarily against scalawags in
the AFP and other law enforcement agencies, or their former members,
involved in criminal activities although in the process, the Task Force
can initiate neutralization measures against their associates and
accomplices in these crime syndicates.
b. The
destruction of organized big-time criminal groups/syndicates involving
military, police and former military or police personnel shall be the
operational priority of the Task Force. Along this line, it shall
direct its efforts against the following criminal activities.
1.
Kidnap for Ransom
2. Robberies of Banks.
Primary/Immediate
Pawnshops, etc.
3. Drug Trafficking
4. Gunrunning Secondary
5. Carnapping
c.
All operations conducted shall have prior clearance and knowledge of
the Task Force Commander. The Intelligence and Operation officer shall
closely monitor and supervise the conduct of the operation.
d.
Orders/instructions of the Task Force Commander, component forces may
operate either independently or jointly depending on the nature of the
target and operational necessity or practically.
e. Respective
component forces will be given the first opportunity to conduct
investigation/case build-up of identified scalawags in their respective
units/agencies.
f.
Counteraction operation conducted against target personalities are
primarily aimed at bringing the suspects to the bar of justice for
successful prosecution.
Sec. 8. Funding. — The Task Force shall be
provided with an initial allocation TWENTY MILLION PESOS (P20,000,000)
to be drawn from the Office of the President’s contingency fund and/or
from the government’s savings for CY 1995, and such amount as may be
approved by the President to be drawn from the Contingency Fund for CY
1996, thereafter to be included in the annual budget of the government.
Sec. 9. Effectivity. — This Executive Order shall
take effect immediately.
DONE in the City of Manila,
this 16th day of October, in the year of Our Lord, nine-teen hundred
and ninety-five.
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