Title
Creation of Presidential Anti-Organized Crime Commission
Law
Executive Order No. 8
Decision Date
Jul 22, 1998
A Presidential Anti-Organized Crime Task Force is created to investigate and prosecute criminal syndicates and their protectors in the Philippines, with the authority to take cognizance of crimes committed by organized crime groups, heinous crimes, crimes committed by members of the PNP and AFP, crimes committed by government officials and employees, and other criminal offenses as determined by the President.

Questions (EXECUTIVE ORDER NO. 8)

It cites the Administrative Code of 1987 empowering the President with continuing authority to reorganize the Office of the President and to transfer functions from one department or agency to another.

A Presidential Anti-Organized Crime Commission and a Presidential Anti-Organized Crime Task Force, both under the Office of the President.

It is headed by a qualified senior law enforcement officer appointed by the President.

Administrative/Logistics Division, Operations Division, Technical Division, and the Legal and Investigation Division.

Examples include: (1) prepare and implement a fast track anti-crime and anti-graft and corruption action agenda; (2) conduct intelligence and counter-intelligence operations; (3) cause/direct immediate arrest, investigation, and speedy prosecution with due regard to constitutional processes; (4) refer cases to the DOJ and/or appropriate agencies; (5) follow up investigation/prosecution progress; (6) recommend passage of anti-crime issuances/legislation; (7) enlist assistance of other government agencies; (8) grant rewards/incentives (subject to existing laws); (9) coordinate with DOJ witness protection program; (10) recruit civilian personnel for intelligence gathering; among others.

It must be done “with due regard to constitutional processes.”

As a group of two or more persons collaborating, confederating, or mutually helping in the commission of any crime and sometimes enjoying protection of people in government and public service.

It includes, among others: gunrunning, illegal logging, robbery/hold-up, kidnapping for ransom, white slavery, illegal recruitment, carnapping, smuggling, piracy, drug trafficking, falsification of land titles and other government forms, large scale swindling, film piracy, counterfeiting, and bank frauds.

Section 4(b): those considered and punished as heinous crimes under Republic Act No. 7659. Section 4(c): those committed by members of the PNP and/or AFP.

It covers those committed by officials and employees of government agencies including government-owned and controlled corporations.

President (Chairman), Secretary of Justice, National Security Adviser, Undersecretary of Interior and Local Government, Chief of Staff AFP, Director-General PNP, and four (4) private sector representatives appointed by the President.

The Force Chief reports and is directly responsible to the President, and has immediate supervision and control over all units of the Task Force.

All government agencies and instrumentalities (including the listed agencies such as PNP, NBI, DOJ-related offices, BOC, BIR, AFP, and others) are required to assist, subject to the Task Force’s determination of what is necessary to implement its mandate.

An initial annual allocation of ₱120,000,000.00, to be drawn from the President’s Contingency Fund and from government savings.

The Presidential Anti-Crime Commission (PACC) and the Presidential Task Force on Intelligence and Counter-Intelligence (PTFICI) are dissolved and deactivated. All properties and equipment of PACC and PTFICI shall be turned over to the Task Force.

It states that close coordination and cooperation shall be undertaken, with the PNP remaining the primary general law enforcement agency under RA 6875 as amended, ensuring synergy and enjoining vertical and lateral coordination among operating units to prevent compromise.


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