Question & AnswerQ&A (EXECUTIVE ORDER NO. 46)
The main purpose of Executive Order No. 46, s. 2011 is to amend Executive Order No. 8 (s. 1998) to further strengthen and reorganize the Presidential Anti-Organized Crime Commission (PAOCC) to effectively combat organized crime, graft, and corruption.
The Chairperson of the PAOCC is the Executive Secretary.
Members of the PAOCC include: Secretary of the Interior and Local Government, Secretary of Justice, Secretary of National Defense, Secretary of Foreign Affairs, and the National Security Adviser.
The powers and functions include preparing and implementing a fast track anti-crime and anti-graft action plan, conducting intelligence operations against crime syndicates and corrupt officials, directing arrests and prosecutions, referring cases to DOJ or law enforcement agencies, recommending legislation, enlisting government agency assistance, granting monetary rewards to informants, coordinating witness protection, authorizing access to government documents and facilities, and establishing international cooperation mechanisms.
PAOCC takes cognizance of crimes committed by organized/syndicated crime groups such as drug trafficking, human trafficking, carnapping, gunrunning, robbery, kidnapping for ransom, smuggling, and transnational crimes; heinous crimes under RA 7659; crimes committed by members of PNP or AFP; crimes committed by government officials or employees; and other crimes as determined by the President.
An organized/syndicated crime group is defined as a group of two or more persons collaborating, confederating, or mutually helping one another in the commission of any crime.
PAOCC's budget shall be drawn from its remaining budget under the Office of the President for the current year, subject to existing laws, rules, and regulations.
The Presidential Task Force on Security of Energy Facilities and Enforcement of Energy Laws and Standards (PTF-SEFEELS) is abolished. Its operations, funds, assets, and equipment shall be wound up immediately upon the issuance of the Executive Order or by June 15, 2011, following the rules implementing Executive Order No. 72, s. 2002.
Yes, PAOCC and its Special Project Groups may call for assistance from any government agency, instrumentality, or local government in performing its functions.
If any provision is declared unconstitutional, the remainder of the Executive Order not otherwise affected shall continue to be in full force and effect (separability clause).