EXECUTIVE ORDER NO. 3
EXECUTIVE ORDER NO. 3 -
CREATING A PRESIDENTIAL ANTI-CRIME COMMISSION TO IDENTIFY AND CAUSE THE
INVESTIGATION AND PROSECUTION OF CRIMINAL ELEMENTS IN THE COUNTRY
WHEREAS,
the country has witnessed the escalation of crimes with organized and
syndicated elements habitually committing crimes to the detriment of
peace and order and public welfare, individuals and families being
victimized and brutalized in heinous crimes, unscrupulous groups and
individuals disparaging the environment and natural resources of the
country, notorious elements committing crimes with impunity due to
political connections, and law enforcement personnel taking advantage
of their uniforms in the pursuit of lawless undertaking;
WHEREAS, eradication of crime and criminal elements is among the
priorities of the present administration;
WHEREAS, under the Administrative Code of 1987, the President has the
continuing authority to reorganize the Office of the President and to
transfer functions from one agency or department to another; and
WHEREAS, the creation of a commission specially tasked to direct and
coordinate the functions and activities of law enforcement,
investigation and prosecution agencies, is imperative in order to bring
about a more vigorous campaign against criminality.
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 Anti-Crime Commission (hereinafter called the
“COMMISSION”) under the Office of the President.
Sec. 2. Composition. — The Commission shall be
composed of the Vice-President of the Philippines, in his capacity as
Presidential Adviser on Crime Prevention and Law Enforcement, as
Chairman; the Secretary of Justice as Vice-Chairman; and the Secretary
of the Interior and Local Government, and two representatives of
non-government organizations (NGO) which are involved in crime
prevention and improvement of law enforcement, as Members. The NGO
representatives shall be designated by the President upon
recommendation of the Chairman.
Sec. 3. Powers and Functions. — The Commission
shall have the following powers and functions:
a.
Cause or direct the immediate investigation and speedy prosecution of
cases enumerated under Sec. 4 hereof involving violations of the
Revised Penal Code and other special laws which have been referred to
or received by the Commission, or cases that the President may refer to
the Commission;
b. Direct the
transfer of cases from any law enforcement agency or prosecution
office, as the Commission may deem proper and necessary, in the
interest of efficient and expeditious dispensation of criminal justice,
and direct that such cases be investigated or prosecuted, as the case
may be, by the appropriate operating or implementing agency herein
provided for.
c. Refer, as
the Commission may deem proper and for the same reasons stated in the
preceding paragraph, to the appropriate law enforcement agency or
prosecution office, the investigation or prosecution, as the case may
be, of any of the cases adverted to in paragraph (a) hereof;
d. Enlist the
assistance of any branch, department, bureau, office, agency or
instrumentality of the Government, including government-owned and/or
controlled corporations, in the anti-crime drive, which may include the
use of its personnel, facilities and resources for a more resolute
prevention, detection and investigation of crimes, and prosecution of
criminal offenders;
e. Monitor the
progress of ongoing investigation and prosecution of cases taken
cognizance of by the Commission;
f. Prepare and
implement a fast track anti-crime action agenda and adopt appropriate
measures to ensure an effective and efficient anti-crime drive;
g. Recommend
appropriate anti-crime issuances and legislations to the President and
Congress;
h. Grant
monetary rewards and incentives to informants who are willing up give
vital information to build up the case for the prosecution of criminal
offenders as provided under existing laws;
i. Direct the
Witness Protection, Security and Benefit 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, Security and Benefit Act; and
j. Perform
such other functions as the President may assign.
Sec. 4. Offenses Covered. — In the discharge of
its functions, the 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, kidnapping for
ransom, white slave trade, illegal recruitment, carnapping, smuggling,
piracy, drug-trafficking, falsification of land titles and other
government forms, large scale swindling, film piracy, counterfeiting
and bank frauds.
An organized/syndicated crime
group means a group of two or more persons collaborating, confederating
or mutually helping one another in the commission of any crime.
b. Those which
are considered as heinous crimes.
A heinous crime, for purposes of
this Executive Order, is a grave felony as defined in the Revised Penal
Code, or an offense punishable under special law, committed in a manner
that is revolting or shocking to the common sensibilities of man,
whether deliberately sought or not, such as those attended by cruelty,
ignominy, treachery, and similar circumstances.
c. Those
committed by the members of the Philippine National Police and the
Armed Forces of the Philippines.
d. Such other
offenses which the President may consider appropriate to place under
its authority.
Sec. 5. Implementing Agencies. — In the
performance of its functions, the Commission may call upon any of the
following implementing agencies:
a.
Philippine National Police (PNP);
b. National Police Commission (NAPOLCOM);
c. National Bureau of Investigation (NBI);
d. National Prosecution Service (NPS);
e. Bureau of Immigration (BI);
f. Bureau of Internal Revenue (BIR);
g. Economic Intelligence and Investigation Bureau
(EIIB);
h. Bureau of Customs (BOC);
i. Forest Management Bureau (FMB); and
j. National Intelligence Coordinating Agency (NICA);
k. Such other agencies which the Commission may find
necessary to implement its mandate.
The Commission shall identify the respective areas of responsibilities
of the following agencies.
Sec. 6. Technical and Administrative Staff . — The
Commission shall organize its Technical and Administrative Staff to be
headed by an Executive Officer designated by the Chairman. The
Technical Staff shall be composed of personnel also designated by the
Chairman and those detailed to the Commission by the different agencies
specified in Sec. 5 hereof.
Sec. 7. Funding. — The Commission shall be
provided with an initial allocation of twelve million (P12,000,000.00)
to be drawn from the President’s Contingent Fund. Appropriations for
the succeeding years shall be incorporated in the budget proposal’s
under the Office of the President.
Sec. 8. Operating Guidelines. — The Commission
shall adopt such operating guidelines as may be necessary to implement
this Executive Order.
Sec. 9. Effectivity. — This Executive Order shall
take effect immediately.
DONE in the City of Manila,
Philippines, this 7th day of July, in the year of Our Lord, nineteen
hundred and ninety-two.
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Since 19.07.98.