[ EXECUTIVE ORDER NO. 463, September 23, 2005 ]
CREATING A NATIONAL ANTI-CRIME TASK FORCE UNDER THE PRESIDENTIAL ANTI-ORGANIZED CRIME COMMISSION (PAOCC), AMENDING SECTION 2 OF EXECUTIVE ORDER NO. 295 (S. 2000) AND FOR OTHER PURPOSES
WHEREAS, Article II, Section 5 of the Constitution provides that the maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for the enjoyment by all people of the blessings of democracy;
WHEREAS, Executive Order No. 295 (s. 2000) created the Presidential Anti-Organized Crime Commission (PAOCC) to bring about focus and substantive results in the campaign against criminality;
WHEREAS, enhanced coordination between and among agencies engaged in the fight against criminality will lead to improved effectiveness and efficiency in the government's efforts to maintain peace and order;
WHEREAS, numerous task forces have been created to deal with specific crimes and there is a need to streamline these task forces to rationalize resources and harmonize strategies that will intensify the fight against criminality;
WHEREAS, there is an urgent need for a sustained, relentless and dedicated campaign to address heinous crimes in the country;
WHEREAS, Section 31, Chapter 10, Title III, Book III of the Administrative Code of 1987 provides the President with continuing authority to organize the Office of the President;
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:
SECTION 1. Creation of National Anti-Crime Task Force (NACTAF). There is hereby created a National Anti-Crime Task Force (NACTAF) under the PAOCC. The NACTAF herein created shall be headed by the Secretary of the Interior and Local Government as the NACTAF Head. The NACTAF Head shall be supported by a Deputy NACTAF Head and an Executive Director.
The NACTAF shall be manned by a composite team from the law enforcement and related agencies, whose structure and staffing shall be determined by the SILG, subject to the approval of the PAOCC.
SECTION 2. Amendment of Section 2 of Executive Order No. 295 (s. 2000). The Secretary of the Interior and Local Government is hereby designated as the Vice-Chairman of the PAOCC. The National Security Adviser shall remain in the PAOCC as Member thereof.
SECTION 3. Powers and Functions. The NACTAF shall have the following powers and functions:
a. Direct the conduct of operations and cause the immediate arrest and investigation of crime suspects and their cohorts, with due regard to constitutional processes;
b. Conduct intelligence and counter-intelligence operations to identify crime suspects and their cohorts;
c. Refer the case/s at hand, as the NACTAF may deem proper and necessary, to the Department of Justice and other investigative bodies for proper disposition of the case;
d. Monitor and follow-up the progress of on-going investigation and prosecution of cases of which NACTAF has taken cognizance.
e. Refer to other agencies cases which involve allegedly proceeds and gains of the crime for purposes of initiating forfeiture and seizure proceedings;
f. In coordination with other agencies, select personnel for detail to NACTAF;
g. Call upon any department, bureau, office, agency or instrumentality of the Government, including government-owned and/or controlled corporations and local government units in the anti-crime drive for a more resolute prevention, detection and investigation of crimes and prosecution of perpetrators;
h. Subject to existing laws, grant monetary rewards or incentives to informants giving vital information leading to the successful prosecution of criminal offenders;
i. Subject to existing laws, 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;
j. Develop public awareness and information campaigns, in partnership with local government units and civic organizations, to encourage public participation in the government's anti-crime effort;
k. Recommend the issuance of appropriate policies and/or the legislation of laws that would hasten the arrest and prosecution of criminals and their accessories;
l. Undertake research work and maintain a database of information relating to heinous crimes, offenders, modus operandi, victims and other information that may be submitted or culled from the reports of various law enforcement agencies for the purpose of advancing the fight against criminality and the efforts at improving the administration of justice;
m. Establish mechanisms for cooperation and joint-operations, as may be required, with international law enforcement agencies as well as other concerned international organizations in accordance with law; and
n. Perform such other powers and functions as may be necessary for the effective discharge of its mandate as may be assigned by the President.
SECTION 4. Offenses Covered. In the discharge of its functions, the NACTAF shall have the authority to take cognizance of heinous crimes, including those defined and penalized under Republic Act No. 7659 (Heinous Crime Law), as amended, and other related laws. The NACTAF may also take cognizance of other crimes as may be directed by the President.
SECTION 5. Streamlining of Anti-Crime Bodies. The NACTAF shall conduct an assessment of anti-crime bodies created by executive issuances with the end in view of recommending to the President their retention, abolition or reconstitution under the NACTAF.
SECTION 6. Coordinating Instructions. Nothing in this Executive Order shall be construed as a derogation of the PNP's role as the primary general law enforcement agency of the country pursuant to Republic Act No. 6975 and Republic Act No. 8551. Accordingly, pursuant to Section 10 of Executive Order No. 295 (s. 2000), close coordination and cooperation shall be undertaken by the Chairman of the NACTAF, the Chief of the PNP and other heads of law enforcement agencies, to ensure synergy in the overall anti-crime campaign.
SECTION 7. Reports. The NACTAF shall submit quarterly reports to the President, copy furnished the PAOCC, of its activities with appropriate recommendations.
SECTION 8. Funding. The NACTAF's operational budget shall be sourced from the budget of the PAOCC and other available funds. Subsequently, NACTAF's budget shall be incorporated in the budget proposal for the PAOCC under the Office of the President.
SECTION 9. Operating Guidelines. The NACTAF shall adopt such operating guidelines as may be necessary to implement this Executive Order.
SECTION 10. Repealing Clause. All other rules, regulations and issuances, or parts thereof, which are inconsistent with this Executive Order are hereby deemed repealed or modified accordingly.
SECTION 11. Effectivity. This Executive Order shall take effect immediately.
Adopted: 23 Sept. 2005
(SGD.) GLORIA MACAPAGAL-ARROYO
By the President:
(SGD.) EDUARDO R. ERMITA
Executive Secretary