Question & AnswerQ&A (EXECUTIVE ORDER NO. 46)
The main purpose 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 PAOCC is composed of the Executive Secretary as Chairperson and members including the Secretary of the Interior and Local Government, Secretary of Justice, Secretary of National Defense, Secretary of Foreign Affairs, National Security Adviser, Chief of Staff AFP, Director General PNP, Director General NICA, Director NBI, and the Executive Director of PCTA.
The PAOCC's powers include preparing and implementing anti-crime, anti-graft action plans, conducting intelligence operations, directing arrests and prosecutions, referring cases to DOJ or other agencies, following up investigations, recommending legislation, recruiting personnel, enlisting government assistance, granting rewards to informants, coordinating witness protection, accessing government facilities for investigations, referring forfeiture cases, engaging experts, and establishing international cooperation.
The PAOCC has authority over organized/syndicated crimes 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 offenses as determined by the President.
An organized/syndicate 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.
Yes, the PAOCC and its Special Project Groups may call for assistance from any government agency, instrumentality, or local government units to perform its functions.
The PAOCC's budget shall be drawn from the remaining budget of the PAOCC under the Office of the President for the current year, subject to applicable laws, rules, and regulations.
The PTF-SEFEELS was abolished as per Section 7 of the Executive Order. Its operations and disposition of assets, funds, and equipment shall be wound up according to existing rules and should be completed by June 15, 2011.
No, Section 8 clarifies that nothing in the Executive Order diminishes the mandates, functions, and responsibilities of all concerned agencies.
This Executive Order took effect immediately upon its publication in a newspaper of general circulation.