EXECUTIVE ORDER NO. 156
EXECUTIVE ORDER NO. 156 - CREATING
A SPECIAL TASK FORCE TO REVIEW, INVESTIGATE, AND GATHER EVIDENCE
NECESSARY TO SUCCESSFULLY PROSECUTE IRREGULARITIES COMMITTED AT THE
BUREAU OF INTERNAL REVENUE, BUREAU OF CUSTOMS AND OTHER GOVERNMENT
OFFICES OR AGENCIES UNDER OR ATTACHED TO THE DEPARTMENT OF FINANCE
WHEREAS,
there are prevalent reports and public perception of graft and
corruption principally in the Bureau of Internal Revenue and Bureau of
Customs;
WHEREAS, there are on-going investigations in the One-Stop-Shop
Inter-Agency Tax Credit and Duty Drawback Center which require the full
support and assistance of the various agencies of the government;
WHEREAS, graft and corruption deprive the public coffers of much needed
revenue, demoralize the government work force and undermine public
confidence in the government;
WHEREAS, this administration is committed to fight graft and corruption;
WHEREAS, there is an urgent need to form an inter-agency task force
with the sole purpose of addressing graft and corruption committed in
agencies under or attached to the Department of Finance and the
prosecution of erring government personnel and their accomplices.
NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the
Philippines, by virtue of the powers vested in me by law, do hereby
order the following:
Section 1. Creation. — There is hereby created a
Special Task Force Against Irregularities Committed in Agencies
Attached to or under the Department of Finance under the immediate
control of and reporting directly to the President.
Sec. 2. Composition. — The Task Force shall be
composed of the Executive Secretary, Undersecretary of Finance Solomon
S. Cua, Undersecretary of Justice Antonio Morente, Executive Director
Alberto Salanga of the One-Stop-Shop Tax Credit, Department of Finance
and Gen. Panfilo Lacson, Chief of the Presidential Anti-Organized Crime
Task Force.
Sec. 3. Assistance from Other Government Agencies.
— All government offices, agencies and instrumentalities, particularly
the Bureau of Internal Revenue, the Bureau of Customs, the National
Bureau of Investigation, the Bureau of Immigration and Deportation, the
Philippine National Police, the Economic Intelligence and Investigation
Bureau, the Securities and Exchange Commission, and the Garment and
Textile Export Board are hereby directed to assist the Task Force and
shall provide the necessary assistance in the form of vehicles,
equipment, workspace or personnel on detail or secondment when so
requested by the Task Force. All government offices shall likewise
provide all information required by the Task Force as if such
information was requested by the President himself.
Sec. 4. Powers, Duties and Functions. — The Task
Force shall have the following powers, duties and functions:
a)
To investigate and gather evidence against individuals, corporations
and other entities suspected of having committed irregularities at the
Bureau of Internal Revenue, the Bureau of Customs, the Inter-Agency Tax
Credit and Duty Drawback Center and other agencies under or attached to
the Department of Finance;
b) To gather
and collate the required quantum of evidence and file the appropriate
criminal, civil or administrative complaint before the appropriate
court, administrative body, or agency;
c) To
recommend the settlement of cases for approval of the President,
subject to appropriate rules on the settlement of claims by the
government;
d) To assist
the prosecuting agency towards the successful prosecution of cases;
e) To hire
such personnel on a project or contractual basis as may be necessary to
achieve its purposes;
f) To receive
donations, bequest, and other gratuitous benefits which will solely
used to attain the objectives of the Task Force;
g) To
coordinate with other government agencies, non-government
organizations, international organizations and other individuals or
entities as may be found necessary by the Task Force;
h) To
recommend to the President the formation of such special investigating
or prosecuting groups to be assigned to specific agencies or cases as
may be necessary;
i) To perform
any and all acts as may be necessary to successfully implement this
Order, subject to the control and supervision of the President.
Sec. 5. Personnel. — The Task Force shall be
assisted by such personnel as it may select. The Department of Budget
and Management is hereby directed to automatically provide without
reduction all requests for funds necessary for the transfer, detail,
secondment or opening of personnel co-terminus with the project of the
Task Force, including request for the hiring of personnel or
contractual or consultancy basis.
Sec. 6. Term. — The Task Force shall exist for a
period of two (2) years from effectively hereof, after which its
functions shall be turned over to the Department of Justice, unless
there are circumstances which warrant the extension of its existence.
Sec. 7. Funding. — Subject to the usual audit, the
Task Force shall be provided with One Million Pesos (P1.0M) per month
to be drawn from the One-Stop-Shop Inter-agency Tax Credit and Duty
Drawback Center.
Sec. 8. Penalty for Failure to Assist. — Failure
by the appropriate government agency or personnel to provide assistance
to the Task Force shall be deemed an administrative offense and shall
be dealt with in accordance with applicable law and regulations.
Sec. 9. Administrative Powers. — The Office of the
President may adopt such rules and regulations, issue such orders, and
organize or reorganize the personnel of the Task Force to successfully
implement this Order.
Sec. 10. Reportorial Requirements. — The Task
Force shall submit a quarterly report of its funds and activities to
the President.
Sec. 11. Effectivity. — This Executive Order shall
take effect immediately.
DONE in the City of Manila,
this 7th day of October, in the year of our Lord, nineteen hundred and
ninety-nine.
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