EXECUTIVE ORDER NO. 386
EXECUTIVE ORDER NO. 386 -
ESTABLISHING A NATIONAL CRIME INFORMATION SYSTEM (NCIS), PROVIDING THE
MECHANISMS THEREFOR AND FOR OTHER SIMILAR PURPOSES
WHEREAS,
proper law enforcement, improved public safety and effective
administration of justice require comprehensive, adequate and timely
information on crimes, criminals and the operations of the Criminal
Justice System;
WHEREAS, advances in computerized and related communications technology
now make in both practical and feasible to obtain, store, manage and
disseminate such data more completely, relevantly, and
effectively;
WHEREAS, the installation of a National Crime Information System (NCIS)
will help in the identification and apprehension of criminals, improve
the efficiency of criminal justice agencies, and ultimately help reduce
crimes through better planning and use of manpower, equipment and
government resources;
WHEREAS, statistics which can be derived as a by-product from the
information handled by such a system can be utilized in determining the
nature, causes and volume of crimes in the country; to form a basis for
the study of the crime, police methods, court procedures, and penal
problems; and to plan intelligently and to evaluate effectively the
programs for combatting crime and lawlessness;
WHEREAS, at present, different government agencies disseminate crime
information and issue clearances creating confusion and undue
difficulties to the general public and other end-users, and which
situation could be remedied by the establishment of a centralized
coordinated network of crime information systems;
WHEREAS, Executive Order No. 67, dated May 28, 1967, as amended, has
mandated the establishment of a uniform crime reporting system and
closer coordination among agencies involved in peace and order and
public safety;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by law, do hereby order;
Section 1. The promotion of the development of an
integrated computer-based National Crime Information System (NCIS)
involving the cooperation of the five pillars of the Criminal Justice
System is hereby adopted as policy.
Sec. 2. The NCIS shall have a central data base
which shall contain all information on crimes, offenders, victims and
other matters related to the administration of justice based on crime
reports submitted by law enforcement agencies and the crime case update
reports from the other pillars of the criminal justice system.
Sec. 3. The establishment of the NCIS shall embody
two (2) phases: Phase I, which shall include all aspects of systems
development such as data base development, program development, systems
test, systems evaluation and systems maintenance and manpower training.
The phase shall be completed within five (5) years.
Initially, the scope and focus of such crime information system shall
be the establishment of an Offender-Based Crime Information System
(OBCIS) which shall monitor incidents of arrests, dispositions,
convictions, confinement and release of offenders. The Offices that
shall be primarily involved under this phase are those that operate
under the five pillars of the Criminal Justice System:
1.
The Law Enforcement — Philippine Constabulary/Integrated National
Police National Bureau of Investigation, National Police Commission.
2. The
Prosecution — National Prosecution Service, Tanodbayan and Judge
Advocate General Service.
3. The Courts
— Supreme Court, Court of Appeals, Sandiganbayan, Regional Trial
Courts, Metropolitan and Municipal Courts. For this purpose a
Memorandum of Agreement shall be entered into with the Supreme Court.
4. The
Corrections — Bureau of Corrections, Parole and Probation
Administration Office of Jail Management and Penology of the Integrated
National Police, Provincial Jails and the Board of Pardons and Parole.
5. The
Community — Department of Local Government, and the Department of
Social Welfare and Development.
Phase II, which shall include activities concerning the development of
crime information systems related to the other offices not covered
under Phase I. It shall include such activities as computer upgrading
systems development and manpower training for technical personnel of
other offices concerned as systems link-up or networking is resorted to
ensure an effective and efficient data communication between and among
participating agencies. Phase II shall be completed within the next
five (5) years.
Sec. 4. The National Police Commission shall: (a)
develop and promote an appropriate mechanism for integrating and
coordinating the different sub-systems under each pillar of the
criminal justice system, and (b) maintain a criminal justice statistics
in pursuance of its principal function of formulating a national crime
prevention program and undertaking crime studies and/or researches on
criminal justice and social defense and such other matters related
thereto.
Sec. 5. The National Bureau of Investigation (NBI)
as mandated under Republic Act No. 157 shall act as a national clearing
house of criminal and other information for the benefit and use of all
prosecuting and law enforcement entities of the Philippines and the
identification records of all persons without criminal convictions and
shall give technical aid to all prosecuting and law enforcement
officers and entities of the Government as well as the courts that may
request its services. Coordination by the National Police Commission
with the NBI shall be through the Department of Justice.
Sec. 6. The Philippine Constabulary/Integrated
National Police (PC/INP) is hereby designated as the principal agency
that shall provide accurate and timely crime information to support
police operations.
Sec. 7. The National Uniform Crime Case Reports
(NUCCR) shall be used primarily for crime reporting without precluding
its other uses for effective prevention and social defense.
Sec. 8. The following departments/bureaus/offices
shall be responsible in establishing their system of generating crime
information in their respective areas of concern as indicated
below:
a.
Department of National Defense
1)
Philippine Air Force Security Command (PAFSECOM) — pertaining to
violation of airport security laws.
2) Philippine
Coast Guard — pertaining to violations of maritime laws.
3) Judge
Advocate General’s Service, AFP — pertaining to violations of the
Articles of War and military laws.
b. Philippine
Constabulary/Integrated National Police — pertaining to violations of
the Revised Penal Code and special laws, including violations of the
Dangerous Drugs Act, prisoners in city/municipal jails, wanted persons,
missing persons, and others.
c. Department
of Justice
1)
Office of the Chief State Prosecutor/Provincial/City Prosecution
Offices — pertaining to cases handled by the State Prosecutors, and the
Provincial/ City Prosecutors.
2) Bureau of
Corrections — pertaining to national prisoners.
3) Parole and
Probation Administration — pertaining to probationers.
4) Board of
Pardons and Parole — pertaining to parolees and pardonees.
5) Bureau of
Immigration — pertaining to aliens and alien offenders.
6) National
Bureau of Investigation — pertaining to criminal and other information.
d. Department
of Finance
1)
Bureau of Customs — pertaining to violations of customs laws.
2) Economic
Intelligence and Investigation Bureau — pertaining to economic crimes.
3) Bureau of
Internal Revenue — pertaining to violations of internal revenue
laws.
e. Department
of Transformation and Communications
1)
Air Transportation Office (ATO) — pertaining to violations of air space.
2) Land
Transportation Office (LTO) — pertaining to violations of the Land
Transportation Code.
3) Maritime
Industry Authority (MARINA) — pertaining to violations of maritime laws
and franchising of Domestic Water Transportation.
f. Department
of Local Government — pertaining to crime information on prisoners
confined at provincial jails.
g. Department
of Social Welfare and Development — pertaining to crime information on
youthful offenders sheltered in the Youth Rehabilitation Centers.
h. Department
of Health —
1)
Bureau of Food and Drugs — pertaining to violations of food and drugs
laws and regulations.
i. Department
of Trade and Industry — pertaining to crime information on consumer
protection and domestic trade laws and regulations.
j. Department
of Foreign Affairs — pertaining to crime information on Philippine
foreign policies and illegal processing and issuance of passports,
visas and other travel documents, as well as crimes involving Filipino
citizens who have absconded to other countries.
k. Office of
the Ombudsman — pertaining to prosecution of the government officials
and employees.
l.
Sandiganbayan — pertaining to disposition of cases involving government
officials and employees.
m. Supreme
Court — pertaining to disposition of cases in all courts.
n. Dangerous
Drugs Board — pertaining to violations of RA 6125 (Dangerous Drugs
Law), as amended.
o. Central
Bank — pertaining to violation of banking laws.
p. Securities
and Exchange Commission — pertaining to crime information on violation
of laws relating to registration, licensing, regulation and supervision
of corporations and partnerships, securities and exchanges, brokers,
dealers, salesmen, issuer companies and financial intermediaries.
q. Such other
agencies as may be mandated by law to implement special laws.
Sec. 9. The Chairman of the National Police
Commission, the Director of the National Bureau of Investigation, the
Chief of Constabulary and Director General of the Integrated National
Police, and the Secretary General of the National Statistical
Coordination Board shall promulgate rules and regulations to carry out
and accomplish the objectives of this Executive Order and they shall
create a Technical Committee responsible for the following: (a) strict
implementation of the national uniform crime case reports; (b) thorough
analysis of national uniform crime case reports for policy formulation;
(c) organization and operational linkages; (d) computer hardware
linkages; (e) smooth transition mechanism; and (f) such other matters
as deemed necessary and appropriate to implement and achieve the
objectives of this Executive Order. Within 90 days from the date of its
effectivity, the Technical Committee shall convene and accomplish its
functions within 90 days after its Constitution.
Sec. 10. The National Bureau of Investigation, the
Philippine Constabulary/Integrated National Police, the National Police
Commission, and the National Statistical Coordination Board shall
establish linkages with agencies/offices concerned with crime
information pertinent to their respective areas of information service,
duties and responsibilities, as specified in Sec. 4, 5, 6 and 8 of
this Executive Order.
Sec. 11. For the initial implementation of the
provisions of this Executive Order, the necessary funding shall be
taken from the authorized appropriations of the concerned agencies.
Appropriations for succeeding years shall be incorporated in the budget
proposals for Congressional action.
Sec. 12. This Executive Order shall take effect
immediately.
DONE in the City of Manila,
this 19th day of December, in the year of Our Lord, nineteen hundred
and eighty-nine.
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