QuestionsQuestions (EXECUTIVE ORDER NO. 492)
EO 492 is an Executive Order issued by the President pursuant to the constitutional/statutory grant of executive authority to direct government agencies on matters within executive administration and national security. The phrase “by virtue of the powers vested in me by law” indicates the President’s delegated authority to reorganize/command executive functions, supervise agencies, and implement national security measures through executive action.
ONSA has principal authority to oversee and supervise implementation of the program to build up, integrate and employ reconnaissance and surveillance capabilities of civilian agencies and armed services. The NSA also serves as principal adviser on national reconnaissance and surveillance activities, coordinates inter-agency requirements, supervises acquisition of reconnaissance/surveillance equipment (including UAVs), and may coordinate securing necessary funds.
EO 492 establishes the MARS Program for reconnaissance and surveillance over the maritime zone and terrestrial/land areas to provide near real-time video recording and information for national decision-making.
It must provide near real-time high-accuracy, sustainable reconnaissance/surveillance capability and “dominant situational awareness” enabling swift interdicting of illegal activities when they occur.
NICA serves as the technical operator of the MARS system. It may procure UAVs or enter lease agreements, and it must establish the National Maritime Aerial Reconnaissance and Surveillance Center (NMARSC) as the focal point for operations.
NMARSC is a multi-agency body headed by an Executive Director and tasked with coordinating national reconnaissance and surveillance operations and utilization of facilities. While it can request secondment of personnel from other agencies, NMARSC remains under the supervision and control of ONSA.
Joint use means the MARS Program is implemented and sustained so government can acquire and pay for aerial surveillance facilities/equipment, and allocate costs among beneficiary agencies that actually use the equipment in operations.
ONSA oversees the formulation of terms of reference for joint use. The NSA is authorized to pursue a memorandum of understanding among beneficiary agencies involved in the joint use program, and to ensure efficient utilization based on a Utilization Plan prepared with beneficiary agencies.
The initially identified agencies are DOTC (PCG), DOF (BOC), DILG (PNP), DND (OCD, AFP), DENR (FMB, NAMRIA), DA (BFAR), DOE, DPWH, DOT, DTI, and NICA. They are directed to participate, pay for actual use, and include planning/operationalization/maintenance in annual budget programming.
It is a budgeting and cost-sharing command: agencies must fund their own actual UAV usage and operational needs, and they must program those items in their annual budgets so these can be included in the General Appropriations Act for the following year after EO effectivity.
Beneficiary agencies shoulder (1) costs of their actual use of UAV systems and (2) a proportionate share in maintenance costs for their utilization.
Projected use costs must be indicated in the beneficiary agencies’ annual department budgets for inclusion in the General Appropriations Act of the year following the effectivity of the Order.
DBM is directed to release an initial funding of Five Million Pesos (₱5,000,000) from available funds from the President’s Contingency Fund to support activation of NMARSC, program management, and specialized training costs, with release to NICA.
EO 492 states it shall take effect immediately upon issuance. Legally, this means agencies must comply without waiting for a delayed date, supporting prompt activation of NMARSC, coordination, and early procurement/lease planning consistent with the Order.
The repealing clause states that inconsistent issuances or parts thereof are repealed/amended/modified accordingly, clarifying legal precedence. The separability clause preserves validity of remaining provisions if any part is declared invalid or unconstitutional.
NICA performs technical operations: procurement/lease and operation through NMARSC as focal point. ONSA retains supervision/control, oversees program implementation, and supervises acquisition and coordination of inter-agency requirements, ensuring national governance of reconnaissance/surveillance activities.