EXECUTIVE ORDER NO. 295
EXECUTIVE ORDER NO. 295 - AMENDING
EXECUTIVE ORDER NO. 8 CREATING A PRESIDENTIAL ANTI-ORGANIZED CRIME
COMMISSION, TO INVESTIGATE AND PROSECUTE CRIMINAL ELEMENTS IN THE
COUNTRY
WHEREAS,
there is a need to formally place 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 functions 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, do
hereby order:
Section 1. Organization. — 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.
Sec. 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
The 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.
Sec. 3. Powers and Functions of the Commission. —
The Presidential Anti-Organized Crime Commission (PAOCC) shall have the
following powers and functions:
a.
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;
b. Conduct
intelligence and counter-intelligence operations to identify government
officials and employees, crime syndicates and their cohorts who are
involved in criminal activities;
c. 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;
d. 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;
e. Follow-up
the progress of on-going investigation and prosecution of cases taken
cognizance of by the Task Forces;
f. Recommend
the passage of appropriate anti-crime issuances and legislations;
g. 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;
h. 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;
i. 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;
j. 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;
k. 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
l. Recruit
civilian personnel and enlist their services for intelligence gathering
efforts.
Sec. 4. Offenses Covered. — The Presidential
Anti-Organized Crime Commission shall have the authority to take
cognizance of the following crimes:
a.
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;
b. Those
considered and punished as heinous crimes under Republic Act No. 7659
(Heinous Crime Law);
c. Those
committed by the members of the Philippine National Police and/or the
Armed Forces of the Philippines;
d. Those
committed by officials and employees of government agencies including
government agencies including government-owned and controlled
corporations;
e. Such other
criminal offenses as the President may determine from time to
time.
An 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 or
Special Project Groups.
Sec. 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.
Sec. 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.
Sec. 7. Command and Control. — The flow of command
and control of the Task Forces shall be as follows:
a.
The Task Force Chief shall report and be directly responsible to the
President;
b. 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;
c. 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.
Sec. 8. Funding. — 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 12. Effectivity. — This Executive Order shall
take effect immediately.
DONE in the City of Manila,
this 28th day of September, in the year of Our Lord, Two Thousand.
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