EXECUTIVE ORDER NO. 62
EXECUTIVE ORDER NO. 62 - CREATING
THE PHILIPPINE CENTER ON TRANSNATIONAL CRIME TO FORMULATE AND IMPLEMENT
A CONCERTED PROGRAM OF ACTION OF ALL LAW ENFORCEMENT, INTELLIGENCE AND
OTHER AGENCIES FOR THE PREVENTION AND CONTROL OF TRANSNATIONAL CRIME
WHEREAS,
organized transnational crime, such as illicit trafficking of narcotic
drugs and psychotropic substances, money laundering, terrorism, arms
smuggling, trafficking in persons, and piracy, have created a
significant impact on the political, economic and socio-cultural
stability and security of the country;
WHEREAS, the mission, functions and responsibilities of government
agencies such as the National Action Committee on Anti-Hijacking and
Anti-Terrorism (NACAHT), Presidential Anti-Organized Crime Task Force
(PAOCTF), Presidential Anti-Smuggling Task Force (PASTF), Philippine
National Police (PNP), Armed Forces of the Philippines (AFP), National
Bureau of Investigation (NBI), National Police Commission (NAPOLCOM),
Department of the Interior and Local Government (DILG), Department of
Justice (DOJ), Department of Finance (DOF), National Intelligence
Coordinating Agency (NICA), Department of Transportation and
Communication (DOTC), Dangerous Drugs Board (DDB), Bureau of Customs
(BOC), Bureau of Immigration (BI), Economic Intelligence and
Investigation Bureau (EIIB), and other concerned offices need to be
linked, coordinated and complemented to effectively combat
transnational crime;
WHEREAS, the growing sophistication of transnational crime demands a
concerted, synchronized and focused effort from all law enforcement,
intelligence and other concerned agencies of the government;
WHEREAS, the establishment of a presidential body is necessary to
concretize cooperation, concerted operations and data resource sharing
between and among local agencies and with foreign countries and
international organizations involved in the crusade against said menace;
WHEREAS, the Administrative Code of 1987 empowers the President with
the continuing authority to reorganize the Office of the President and
to transfer functions from one department or agency to another;
NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Republic
of the Philippines, by virtue of the powers vested in me by law, do
hereby order:
Section 1. Organization. — The Philippine Center on
Transnational Crime (PCTC) is hereby created under the Office of the
President to formulate and implement a concerted program of action of
all law enforcement, intelligence and other government agencies for the
prevention and control of transnational crime. It shall be placed under
the general supervision and control of the National Police
Commission.
Sec. 2. Composition and Leadership. — The Center
shall be headed by the Executive Director to be appointed by the
President and shall have the following Directorates:
1.
Directorate for Operations;
2. Directorate for Plans and Programs;
3. Directorate for Research;
4. Directorate for Technology Management;
5. Directorate for Administration and Finance; and
6. Other Directorates that may be created as the
situation demands.
Sec. 3. Powers and Functions. — The Center shall
have the following powers and functions:
1.
To establish, through the use of modern information and
telecommunications technology, a shared central database among
government agencies for information on criminals, methodologies,
arrests and convictions on the following transnational crime:
1.a
illicit trafficking of narcotic drugs and psychotropic substances;
1.b money laundering;
1.c terrorism;
1.d arms smuggling;
1.e trafficking in persons;
1.f piracy; and
1.g other crimes that have an impact on the stability
and security of the country;
2. To
supervise and control conduct of anti-transnational crime operations of
all government agencies and instrumentalities;
3. To
establish a central database on national as well as international
legislation and jurisprudence on transnational crime, with the end in
view of recommending measures to strengthen responses and provide
immediate intervention for the prevention, detection and apprehension
of criminals operating in the country;
4. To
establish a center for strategic research on the structure and dynamics
of transnational organized crime in all its forms, predict trends and
analyze relationships of given factors for the formulation of
individual and collective strategies for the prevention and detection
of transnational organized crime and for the apprehension of criminal
elements involved;
5. To design
programmes and projects aimed at enhancing national capacity-building
in combating transnational crime, as well as supporting the related
programmes and projects of other ASEAN and international centers;
6. To explore
and coordinate information exchanges and training with other government
agencies, foreign countries and international organizations involved in
the combat against transnational crime;
7. To select
personnel from within the NAPOLCOM, PNP and other government agencies
for detail with the PCTC;
8. To enlist
the assistance of any department, bureau, office, agency or
instrumentality of the government, including government-owned or
controlled corporations, to carry out its functions, including the use
of their respective personnel, facilities and resources; and
9. To perform
such functions and carry out such activities as may be directed by the
President.
Sec. 4. Offenses Covered. — The PCTC shall have
the authority to take cognizance of the following transnational crimes:
a.
illicit trafficking of narcotic drugs and psychotropic substances;
b. money laundering;
c. terrorism;
d. arms smuggling;
e. trafficking in persons;
f. piracy; and
g. other crimes that have an impact on the stability
and security of the country.
Sec. 5. Assistance from Government Agencies. — The
PCTC shall be assisted by the following government agencies and
instrumentalities:
a.
Philippine National Police (PNP);
b. National Bureau of Investigation (NBI);
c. National Action Committee on Anti-Hijacking and
Anti-Terrorism (NACAHT);
d. Presidential Anti-Organized Crime Task Force
(PAOCTF);
e. Presidential Anti-Smuggling Task Force (PASTF);
f. National Police Commission (NAPOLCOM);
g. Department of the Interior and Local Government
(DILG);
h. Department of Justice (DOJ);
i. Department of Finance (DOF);
j. Department of Transportation and Communication
(DOTC);
k. Dangerous Drugs Board (DDB);
l. National Prosecution Service (NPS);
m. Bureau of Immigration and Deportation (BID);
n. Bureau of Internal Revenue (BIR);
o. Economic Intelligence and Investigation Bureau
(EIIB);
p. Bureau of Customs (BOC);
q. National Intelligence Coordinating Agency (NICA);
r. Armed Forces of the Philippines (AFP);
s. Land Transportation Office (LTO);
t. National Telecommunications Commission (NTC);
u. National Statistics and Census Office (NSCO); and
v. Other government agencies which the PCTC may find
necessary to implement its mandate.
Sec. 6. Command and Control. — The command and
control of the PCTC shall be as follows:
a.
The PCTC Executive Director shall report and be responsible to the
President through the Secretary of Interior and Local Government;
b. The PCTC
Executive Director shall have immediate supervision and control over
all units of the PCTC. He is authorized to designate duties and
functions of all units and personnel of the PCTC;
c. The PCTC
Executive Director shall have direct operational and supervisory
authority over personnel and resources detailed with the PCTC from
government agencies concerned.
Sec. 7. Operating Guidelines. — The PCTC shall
adopt, in coordination with other concerned agencies, such operating
guidelines as may be necessary to implement this Executive Order,
subject to the approval of the President. It shall submit to the
President reports of its activities with appropriate recommendations
for the information and consideration of the President.
Sec. 8. Coordinating Instructions. — The intent of
this issuance is to put strong and intensified focus against organized
transnational crime which will be addressed by the PCTC in the course
of the government’s anti-crime campaign, while the Philippine National
Police (PNP) shall continue to be the primary general law enforcement
agency of the country pursuant to Republic Act No. 6975, as amended.
Accordingly, close coordination and cooperation shall be undertaken by
the Executive Director of PCTC, the Chief, PNP and the heads of other
concerned government agencies, to insure synergy in the overall
anti-transnational crime campaign. Vertical and lateral coordination
among operating units, consistent with the security need to prevent
compromise in police operations, is hereby enjoined.
Sec. 9. Funding. — Subject to government
accounting and auditing procedures, the PCTC shall be provided with an
initial annual allocation of ONE HUNDRED MILLION PESOS
(P100,000,000.00) for CY 1999, to be drawn from the President’s
Contingency Fund and from government savings. Appropriations for the
succeeding years shall be incorporated in the budget proposal of the
Office of the President.
Sec. 10. Effectivity. — This Executive Order shall
take effect immediately.
DONE in the City of Manila,
this 15th day of January, in the year of Our Lord, Nineteen Hundred and
Ninety-Nine.
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Since 19.07.98.