Title
Amendment to EO 8 on Anti-Organized Crime
Law
Executive Order No. 46
Decision Date
Jun 13, 2011
Benigno S. Aquino III's Executive Order No. 46 reorganizes and strengthens the Presidential Anti-Organized Crime Commission (PAOCC) to enhance its effectiveness in combating organized crime and corruption through a comprehensive action plan, intelligence operations, and collaboration with various government agencies.

Law Summary

Powers and Functions of PAOCC

  • Prepare and execute a fast-track anti-crime, anti-graft, and anti-corruption action plan.
  • Conduct intelligence and counterintelligence operations targeting government officials and syndicates involved in crimes.
  • Direct immediate arrest, investigation, and prosecution respecting constitutional and legal processes.
  • Refer cases to DOJ and other law enforcement agencies as appropriate.
  • Monitor progress of ongoing investigations and prosecutions.
  • Recommend enactment of anti-crime laws and issuances.
  • Recruit personnel from PNP, DOJ, and other agencies upon their consent.
  • Enlist assistance of various government agencies and government-owned or controlled corporations, including their resources.
  • Grant monetary rewards or incentives to informants under existing laws.
  • Coordinate with the DOJ Witness Protection Program for eligible witnesses.
  • Authorize access to documents, installations, and facilities necessary for investigations.
  • Refer cases involving illicit proceeds for forfeiture and seizure proceedings.
  • Engage resource persons and professionals as needed.
  • Establish cooperation with international law enforcement agencies.
  • Perform additional functions as directed by the President.

Scope of Crimes Covered

  • Crimes committed by organized/syndicated groups such as drug trafficking, human trafficking, carnapping, gunrunning, robbery/hold-up, kidnapping for ransom, smuggling, and transnational crimes.
  • Heinous crimes as defined under Republic Act No. 7659.
  • Crimes committed by members of PNP and AFP.
  • Crimes committed by government officials and employees, including those from government-owned and controlled corporations.
  • Other crimes as may be determined by the President.
  • An organized/syndicated crime group is defined as a group of two or more persons collaborating in criminal acts.

Assistance from Government Agencies

  • PAOCC and its Special Project Groups can request assistance from any government agency, instrumentality, or local government units in performing their duties.

Funding

  • PAOCC’s budget is sourced from the remaining budget allocated under the Office of the President for the current year, subject to applicable laws and regulations.

Implementing Rules

  • The PAOCC Chairperson is authorized to promulgate rules and regulations necessary to implement the Executive Order.

Abolition of Presidential Task Force on Security of Energy Facilities

  • The Presidential Task Force on the Security of Energy Facilities and Enforcement of Energy Laws and Standards (PTF-SEFEELS) is abolished.
  • The winding up of PTF-SEFEELS, including disposition of assets and funds, follows existing rules governing agencies under the Office of the President.
  • This process shall be completed immediately or no later than June 15, 2011.

Preservation of Mandates

  • The Executive Order does not diminish the mandates, functions, and responsibilities of any concerned government agencies.

Repealing Clause

  • Prior orders, circulars, rules, or regulations inconsistent with this Executive Order are repealed or modified accordingly.

Separability Clause

  • If any provision is declared unconstitutional, the rest of the Executive Order remains effective.

Effectivity

  • The Executive Order takes effect immediately upon publication in a newspaper of general circulation.

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