Title
EO 46-2011: Strengthening PAOCC
Law
Executive Order No. 46
Decision Date
Jun 13, 2011
Executive Order No. 46 strengthens and reorganizes the Presidential Anti-Organized Crime Commission (PAOCC) in the Philippines to prioritize the eradication of organized crime and corruption, granting the PAOCC various powers and functions to combat crime and corruption, including the authority to take cognizance of crimes committed by organized crime groups and government officials.

Law Summary

Powers and Functions of the PAOCC

  • Develop and implement an aggressive anti-crime, anti-graft, and anti-corruption action plan.
  • Conduct intelligence and counter-intelligence operations targeting government officials, employees, and crime syndicates.
  • Direct arrest, investigation, and speedy prosecution of organized crime groups and corrupt officials, respecting due process.
  • Refer cases to DOJ or other law enforcement agencies for investigation/prosecution as necessary.
  • Monitor progress of ongoing investigations and prosecutions.
  • Recommend anti-crime laws and issuances.
  • Recruit personnel from various government agencies for PAOCC assignments.
  • Enlist assistance from all government entities, including GOCCs, for crime prevention and investigation.
  • Grant monetary rewards to informants subject to laws.
  • Coordinate with DOJ Witness Protection Program.
  • Authorize access to government documents and facilities for investigations.
  • Refer cases involving criminal proceeds for forfeiture and seizure proceedings.
  • Hire resource persons and professionals as needed.
  • Facilitate international cooperation with law enforcement.
  • Perform other functions assigned by the President.

Offenses Under PAOCC Jurisdiction

  • Crimes committed by organized crime/syndicate groups such as drug trafficking, human trafficking, carnapping, gunrunning, robbery, kidnapping for ransom, smuggling, and transnational crimes.
  • Heinous crimes under RA 7659 (Heinous Crime Law).
  • Crimes committed by members of the PNP or AFP.
  • Crimes committed by government officials or employees, including those in government agencies and GOCCs.
  • Other crimes as determined by the President.
  • Defines organized/syndicated crime group as a collaboration of two or more persons in criminal activities.

Assistance from Government Agencies

  • PAOCC and its Special Project Groups may call on any government agency or local government unit for assistance in fulfilling its mandate.

Budget and Funding

  • Funding for PAOCC is drawn from its existing budget under the Office of the President, subject to compliance with applicable laws and regulations.

Implementing Rules and Regulations

  • The PAOCC Chairperson may issue necessary rules and regulations to implement this Executive Order.

Abolition of Presidential Task Force on Security of Energy Facilities

  • The Presidential Task Force on Security of Energy Facilities and Enforcement of Energy Laws and Standards (PTF-SEFEELS) is abolished.
  • Winding up of PTF-SEFEELS operations and disposition of assets to follow existing rules.

Protection of Mandates of Concerned Agencies

  • The Executive Order does not diminish the mandates, functions, or responsibilities of other government agencies.

Repealing Clause

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

Separability Clause

  • If any part of this Executive Order is declared unconstitutional, the remaining provisions remain effective.

Effectivity

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

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