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PRESIDENTIAL DECREE NO. 1458
PRESIDENTIAL DECREE NO. 1458
- CREATING THE FINANCE DEPARTMENT INTELLIGENCE AND INVESTIGATION BUREAU
(FDIIB), PRESCRIBING ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS FOR
ITS OPERATIONS, AND AMENDING FOR THIS PURPOSE PORTIONS OF THE
INTEGRATED REORGANIZATION PLAN ON FINANCE AND NATIONAL SECURITY
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WHEREAS, it
is a declared national objective to establish and maintain continuing,
coordinated, and fully integrated social and economic plans and
programs (Sec. 1, Art. XIV, Constitution) in order to set up a stable
and enduring national economy to uplift the quality of life of the
Filipinos;chanroblesvirtualawlibrary
WHEREAS, adoption and maintenance of sound and enduring social and
economic plans and programs depend on, among others, efficient
implementation and enforcement of revenue laws and in the gathering,
collation and continuing evaluation of intelligence data and
information relative to finance and economic functions;chanroblesvirtualawlibrary
WHEREAS, smuggling, tax evasion and other related illegal activities
that undermine revenue and customs laws not only hamper effective
economic planning and programming but also are forms of economic
subversion which are inimical to national interest and security;chanroblesvirtualawlibrary
WHEREAS, it is necessary to provide Government authorities continuing
intelligence on the nature, methods and extent of smuggling, tax
evasion and other related nefarious practices that undermine the
national economy, to serve as basis for counter-action and remedial
legislations; and
WHEREAS, Presidential Decree No. 1, dated September 23, 1972,
reorganizing the Executive Branch of the National Government provides
that changes and modifications in the Integrated Reorganization Plan,
adopted and approved pursuant to same decree, shall be made from time
to time, as necessity requires.
NOW, THEREFORE, I FERDINAND E. MARCOS, President of the Republic of the
Philippines, by virtue of the powers in me vested by the Constitution,
do hereby order and decree as part of the law of the land that Part IV
of the Integrated Reorganization Plan be amended by adding the
following provisions:cralaw:red
CHAPTER II — ORGANIZATION OF THE FINANCE DEPARTMENT INTELLIGENCE AND
INVESTIGATION BUREAU
ARTICLE I. Declaration of Policy. — Sec. 1, Article
I, Chapter I, Part XIX of the Integrated Reorganization Plan, as
amended by P. D. 51, declares that the concept of national security
shall be broadened to encompass national strength not only in the
politico-military but also in the socio-economic sense, and it is
likewise the policy of the State to promote and develop a stable and
enduring economy and bring about optimum use of all appropriate
agencies of the Government to stamp out and counteract smuggling, tax
evasion and other finance schemes and activities that undermine the
national interest and security.
ARTICLE II. The Finance Department Intelligence and
Investigation Bureau (FDIIB)
Section 1. Creation. — There is hereby created the
Finance Department Intelligence and Investigation Bureau, hereinafter
referred to as the FDIIB, under the administrative and operation
control and direction of the Secretary of Finance.
The FDIIB shall be headed by a Commissioner, to be assisted by a Deputy
Commissioner, both of whom shall be appointed by the President.
The Commissioner, and in his absence or incapacity the Deputy
Commissioner who shall act as Commissioner, shall have the following
specific powers and functions.
a. He shall be the principal adviser of the
Secretary of Finance on intelligence matters;chanroblesvirtualawlibrary
b. He shall be the technical adviser of the Director
General of the NISA on finance intelligence;chanroblesvirtualawlibrary
c. He shall exercise functional supervision over
intelligence and investigation matters in the other bureau/agencies
under the Department of Finance and shall make appropriate
recommendations for the coordination and integration of such activities
therein;chanroblesvirtualawlibrary
d. He shall act as liaison/coordinating officer of
the Secretary of Finance on matters relating to economic subversion,
insofar as they involve other departments/ agencies of the Government.
e. He shall be responsible for counter-intelligence
in the Department of Finance; and
f. He shall exercise such other powers and perform
such other functions as may be directed by competent authority.
Section 2. Functions. — The FDIIB shall be the
intelligence and investigation arm of the Department of Finance and
shall have the following functions:cralaw:red
a. It shall receive, gather, collate and evaluate
and disseminate intelligence data and information primarily on the
modes, methods, nature and extent of smuggling, tax evasion, and other
related illegal activities. It shall cause investigations of such cases
to find out the guilty parties:cralaw:red
b. It shall monitor the finance and economic
activities of persons or entities, whether domestic or foreign, which
may be adversely affect national interest and security;chanroblesvirtualawlibrary
c. It shall conduct counter-intelligence on
smuggling, tax evasion and other related illegal activities;chanroblesvirtualawlibrary
d. It shall coordinate with other Government
agencies and low enforcement functionaries for necessary assistance in
carrying out any of its functions.
e. It shall render reports and submit intelligence
assessments to the Secretary of Finance, the Director General, NISA,
and to such other officials as may be directed;chanroblesvirtualawlibrary
f. It shall recommend steps or actions as may be
appropriate to prevent or suppress smuggling, tax evasion and other
related illegal activities; and
g. It shall exercise such other functions and
perform such other duties as may be directed by competent authority.
Section 3. Organization. — The FDIIB shall be
organized and composed of the Manpower Division; Intelligence Division;
Investigation Division; Liaison and Monitoring Division; General
Services Division; Field Inspection Division; Legal Division;
Comptrollership Division; Communications Division; and Regional
Offices, as may be provided and staffed according to the corresponding
Letter of Implementation and Staffing Pattern.
Section 4. Abolition of ASAC. — The Anti-Smuggling
Action Center (ASAC) and its regional offices (RASAC) created under
Executive Order No. 11, dated February 24, 1966, as amended, are hereby
abolished and its applicable appropriations, records, equipment,
properties and such personnel as may be necessary are correspondingly
transferred to the appropriate divisions or units of the FDIIB. The
Intelligence and Investigation Division of the Department of Finance
and other sections, units or personnel engaged in intelligence and
investigation work in the bureaus and offices under the Department of
Finance shall as much as possible be integrated with the Bureau.
Section 5. Application of WAPCO and Civil Service
Rules. — Personnel of the FDIIB shall be exempt from WAPCO and Civil
Service Rules and regulations relative to appointments and other
personnel actions: Provided, That they shall be entitled to the
benefits and privileges normally accorded to government employees: and
Provided, further, That the Secretary of Finance shall, after
appropriate consultations with the Director General, NISA, have final
authority on matters of appointments.
Section 6. Appropriations. — In addition to the
transferred appropriations, there is hereby appropriated out of the
unappropriated balance in the National Treasury so much amount as may
be necessary to carry out the provisions of this decree but subsequent
appropriations for the FDIIB shall be included in the annual
appropriation act.
Section 7. Repealing Clause. — Pertinent provisions
of the Integrated Reorganization Plan, Executive Orders, other decrees,
and rules and regulations which are in conflict with the provisions of
this Decree are hereby rescinded or modified accordingly.
DONE in the City of Manila,
this 11th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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