Title
Comprehensive Program to Combat Transnational Crime
Law
Executive Order No. 265
Decision Date
Jan 23, 2004
President Gloria Macapagal-Arroyo issues Executive Order No. 265 to establish a comprehensive program on combating transnational crime in the Philippines, emphasizing the importance of coordinated national and international efforts, adherence to the rule of law, community participation, and strengthening information gathering and law enforcement operations.

Questions (EXECUTIVE ORDER NO. 265)

The text cites Section 31, Chapter 10, Title III, Book III of the Administrative Code of 1987 as the basis for the President’s continuing authority to reorganize the administrative structure of the Office of the President.

The principles include: (1) a comprehensive approach covering specified crimes; (2) strict adherence to the doctrine of the rule of law and respect for constitutional rights; (3) systematic orchestration and regular coordination among agencies; (4) active engagement of communities at the grassroots; and (5) vigorous pursuit of mutual assistance and cooperation with regional and international partners.

It covers money laundering and other financial crimes, trafficking in persons, piracy and armed robbery against ships, illicit trade in small arms and light weapons, illegal trafficking of drugs and psychotropic substances, fraud, cyberspace crime, intellectual property rights violations, smuggling, and other crimes affecting national stability and security.

Section 1(b) mandates strict adherence to the rule of law: agencies must enforce the law without fear or favor while according full respect to constitutional rights of those suspected or accused.

It requires systematic orchestration of the convergence of local agency efforts, meaning offices and units under different departments must regularly consult and coordinate to focus and synchronize actions, resources, and interventions according to their mandates.

Section 1(d) states that agencies must educate and empower communities as information networks, anti-crime advocates, and force multipliers; a vigilant citizenry is described as the most effective hindrance to criminality.

Section 1(e) directs agencies to align their programs with international agreements the Philippines is signatory to, and to proactively seek bilateral or multilateral cooperation, including mutual assistance among regional and international partners.

Section 2 includes: (a) strengthening information and intelligence gathering (e.g., central shared database); (b) strategic research (studies on structure/dynamics and area vulnerabilities); (c) intensifying law enforcement operations (synergistic implementation plans and SOPs addressing supply and demand sides); (d) capacity-building and empowerment for stakeholders (training for law enforcement, LGUs, NGOs, civil society, community leaders); and (e) reinforcing regional and international cooperation (technical assistance, information exchange, participation in fora, forging agreements).

It is intended to store and share information on national and international laws, case files, profiles of groups and personalities involved in transnational crime, and other related data to assist in prevention, detection, and apprehension and prosecution.

It means coordinated plans and SOPs among agencies that address both the supply and demand side of transnational crimes, ensuring a unified and effective law enforcement approach.

It requires designing and implementing training and related programs to enhance the capacity of law enforcement agencies, LGUs, NGOs, civil society groups, and community leaders to combat transnational crime and understand its consequences.

The SETC is mandated to set policy directions and program design standards; advise the President on transnational crime matters; represent the Philippine government in regional/international fora; serve as focal point for coordinating, integrating, and evaluating efforts of law enforcement and other agencies; and is appointed by the President with the rank/remuneration of an Ambassador Extraordinary and Plenipotentiary.

They continue to perform their specific functions as mandated, but must work closely with the SETC to harmonize and integrate government efforts against transnational crime, including submitting periodic reports to the President through the SETC.

The PCTC must provide technical, operational, and administrative support to the SETC in addition to its mandated functions, and it continues to be headed by an Executive Director.

It is sourced from available funds identified by the Secretary of Budget and Management, and the office of the SETC and the PCTC’s total annual appropriations for succeeding years are incorporated in the budget proposal of the Office of the President.

The SETC is authorized to call upon all departments, agencies, instrumentalities (including GOCCs) to assist effectively and efficiently in implementing the program, including agencies/councils/boards mentioned in Section 3(a).

It repeals or modifies any orders, rules, regulations, issuances, or parts thereof inconsistent with EO 265.

It takes effect immediately.


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