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 with 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 committed involve scalawags in the military and law enforcement agencies, either active, discharged 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 and put to jail;

WHEREAS, there is a need to organize an intelligence and counterintelligence task force dedicated for the purpose of identifying, arresting and effectively 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 an 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 assist 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. It 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 Field Military Intelligence Groups, ISAFP, shall act as the Regional Task Group Commander for their respective regions.

f. Transportation, 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, supervision and control over all component forces of the Task Force. He is hereby authorized to select and  designate 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 unit. 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 involved in criminal 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 processes.

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 component 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.

[DIAGRAM I - Proposed Organizational Structure of Task Force œHammerhead ]

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 Warrants.

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 preserve pieces 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.

d. On 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 practicality.

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 operations 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 of 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, Nineteen Hundred and Ninety-Five.

(Sgd.) FIDEL V. RAMOS
President of the Philippines

By the President:

(Sgd.) RUBEN D. TORRES
Executive Secretary