EXECUTIVE ORDER NO. 248
EXECUTIVE ORDER NO. 248 - CREATING
THE OFFICE OF THE ANTI-KIDNAPPING PRESIDENTIAL ADVISER
WHEREAS,
in undertaking the government’s renewed campaign against kidnapping, an
effective and comprehensive approach is necessary through the
mobilization of the entire government machinery for unified effort
against terrorist groups and lawless elements involved in kidnapping
activities.
WHEREAS, to maximize the capability of law enforcement agencies and
optimize the utilization of government resources in its campaign
against kidnapping, a Cabinet-level Presidential Adviser must
orchestrate and oversee a consolidated anti-kidnapping campaign;
WHEREAS, under Sec. 31, Chapter 10, Title III, Book III of the
Administrative Code of 1987, the President has the continuing authority
to reorganize the administrative structure of the Office of the
President.
NOW, THEREFORE I, GLORIA MACAPAGAL-ARROYO, President of the Republic of
the Philippines, by virtue of the powers vested in me by law, do hereby
order:
Section 1. Creation. — There is hereby created the
Office of the Anti-Kidnapping Presidential Adviser (“Adviser”) attached
to the Presidential Anti-Organized Crime Commission. Its principal
mission shall be to ensure that there is a national campaign against
kidnapping wherein all involved law enforcement and counteraction
agencies are operating as part of an integrated and coordinated
pro-active effort. The Presidential Adviser shall formulate policies,
develop strategies, and execute programs of action for a consolidated
effort to preempt, prevent and suppress kidnapping, arrest kidnappers
and their accessories and cause their speedy prosecution. Secretary
Angelo Reyes is hereby appointed Adviser.
Sec. 2. Oversight Committee. — There is hereby
created an Oversight Committee to ensure the execution by active
participation of the involved law enforcement and counteraction
agencies of the anti-kidnapping action programs.
The Oversight Committee shall be composed of the following:
Secretary
Angelo Reyes
Chairman
Secretary of Interior and Local Government Member
Secretary of National Defense
Member
Secretary of Justice Member
Secretary of Transportation and Communication Member
Four (4) representatives from the private sectors shall be appointed by
the President as members of the Oversight Committee.
Sec. 3. Functions. — In pursuance of the
government’s firm resolve in applying the full force of the law against
kidnappers, the Adviser is mandated to discharge the following
functions:
a.
Formulate strategies and plans for a coordinated and integrated
implementation of measures aimed at preventing, preempting and
suppressing kidnapping activities;
b. Establish a
mechanism for an interactive and coordinative mode of operations to
ensure operational effectiveness with utmost economy and efficiency;
c. Exercise
operational supervision over all existing anti-kidnapping units and
task forces, jointly with the Secretaries of the Departments to which
the units and task forces organically belong. For this purpose,
“operational supervision” shall refer to the power to direct,
superintend, and oversee the day-to-day investigation of kidnapping
cases and activities to prevent kidnapping;
d. Select
personnel from participating law-enforcement agencies for assignment to
task forces and special groups;
e. Direct the
conduct of anti-kidnapping operations, utilizing all available
government instrumentalities, to arrest kidnappers including their
coddlers and accessories;
f. Cause or
direct the immediate investigation and speedy prosecution of cases
involving kidnapping and monitor the progress of such cases;
g. Grant
monetary rewards and incentives to informants who are willing to give
vital and material information for building up cases for the
prosecution of kidnap suspects;
h. Develop
public awareness and information campaigns, in partnership with local
government units and civic organizations, to encourage public
participation in the government’s anti-kidnapping efforts;
i. Recommend
the issuance of appropriate policies and/or the legislation of laws
that would hasten the arrest and prosecution of kidnappers and their
accessories;
j. Recommend
the admission of vital witnesses into the Witness Protection Security
Benefit Program administered by the Department of Justice;
k. Recommend
to the DOJ, in proper cases, the issuance of subpoena ad testificandum
and subpoena duces tecum; and
l. Perform
such other powers and functions as may be necessary for the effective
discharge of its mandate in accordance with the law or as may be
assigned by the President.
Sec. 4. Staff Support. — The Adviser shall receive
staff support from the Presidential Anti-Organized Crime Commission.
The support staff shall be headed by a Director and be composed of such
other personnel who shall be appointed by the President Anti-Kidnapping
Adviser.
Sec. 5. Operations Center and Task Forces. — The
Adviser shall organize subordinate offices and appoint personnel as may
be deemed necessary to carry out his mandate. He shall organize staff
and line offices such as, but not limited to, the following:
a.
Operations Center shall be responsible for overseeing the day-to-day
operations of the Office.
b. Line units
such as, but not limited to, task forces working groups and special
project groups. For this purpose, the Adviser may be detailed with
personnel selected from, but not limited to, the DILG, DOJ, DND, DOTC,
NTC, PNP, AFP, NBI, and NPS. Whenever necessitated by special
circumstances, and for the duration thereof, the Adviser may direct
such government agencies or instrumentalities to provide intelligence,
investigation, technical, prosecution and such other support as
specified by the Adviser.
Sec. 6. Assistance and Cooperation. — In addition
to the above-stated government agencies, all other government agencies
are hereby directed to actively cooperate with and promptly contribute
to the anti-kidnapping campaign to be implemented by the Adviser. For
the purpose, the Adviser may call upon the heads of such government
agencies for such assistance as may, from time to time, be necessary.
Sec. 7. Implementation. — This Executive Order is
deemed self-implementing. There is no need to promulgate additional
Rules and Regulations to commence implementation.
Sec. 8. Funding. — Funds for the operations of the
Commission shall be sourced from such as may recommended by the
Department of Budget and Management.
Sec. 9. Repeal. — All orders, rules, regulations
and issuances, or parts thereof, which are inconsistent with this
Executive Order are hereby repealed or modified accordingly.
Sec. 10. Effectivity. — This Executive Order shall
take effect immediately.
City of Manila, October 26,
2003.
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