Legal basis, policy orientation
- Executive Order No. 265 is issued by the President pursuant to the President’s continuing authority to reorganize the administrative structure of the Office of the President under Section 31, Chapter 10, Title III, Book III of the Administrative Code of 1987.
- Executive Order No. 265 establishes a comprehensive, focused, concerted and synchronized government approach to combating transnational crime at the highest level of policy and decision-making.
- Executive Order No. 265 anchors the national response on coordination among local, national, regional, and international agencies to improve agreements, cooperation, and harmonization of action.
Core principles governing enforcement
- Section 1 directs that the campaign against transnational crime shall be governed by these principles:
- Section 1(a) requires a comprehensive approach covering 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 that have an impact on the country’s stability and security.
- Section 1(b) mandates strict adherence to the doctrine of the rule of law, requiring agencies to enforce the law without fear of favor while respecting constitutional rights of suspects and accused.
- Section 1(c) requires systematic orchestration of convergence of local agency efforts through regular consultation and coordination among offices and units under different departments or agencies, aligned to their mandates.
- Section 1(d) requires active engagement of communities at the grassroots level by educating and empowering communities as information networks, anti-crime advocates, and force multipliers.
- Section 1(e) requires vigorous pursuit of mutual assistance and cooperation among regional and international partners, including aligning government programs with regional and international agreements on transnational crime to which the Philippines is a signatory and seeking bilateral or multilateral cooperation.
Program components
- Section 2 provides that the Comprehensive Program on Combating Transnational Crime includes these components:
- Section 2(a) requires strengthening information and intelligence gathering, including establishing a central shared database covering national and international laws, case files, profiles of groups and personalities engaged in transnational crime, and other related information to assist prevention, detection, apprehension, and prosecution.
- Section 2(b) requires strategic research through studies on the structure and dynamics of transnational crime in all its forms and assessments of vulnerability of certain areas and sectors, to support more effective strategies, policies, and legislation.
- Section 2(c) requires intensifying law enforcement operations through development and adoption of synergistic implementation plans and operating procedures that address both the supply and demand side of any transnational crime.
- Section 2(d) requires capacity-building and empowerment of major stakeholders through training and programs to enhance capacities of law enforcement agencies, LGUs, non-government organizations, civil society groups, and community leaders, including awareness of consequences of transnational crimes.
- Section 2(e) requires reinforcing regional and international cooperation, including technical assistance and information exchanges, participation in regional and international fora on transnational crime, forging agreements, and similar activities to address crimes with a regional or international dimension.
Institutional mechanism and roles
- Section 3 establishes the institutional mechanism to implement the Program:
- Section 3(a) provides that the President shall provide active leadership in the campaign against transnational crimes.
- Section 3(b) creates the Special Envoy on Transnational Crime (SETC) with these mandates:
- Set policy directions and program design standards.
- Advise the President on all matters regarding transnational crime.
- Represent the Philippine government in regional and international fora dealing with transnational crime.
- Serve as the focal point for coordinating, integrating and evaluating efforts of law enforcement and other government agencies involved in the campaign.
- Be appointed by the President and have the rank and remuneration of an Ambassador Extraordinary and Plenipotentiary.
- Section 3(c) provides that councils and boards created under existing laws for specific transnational crimes (including the Anti-Money Laundering Council, Anti-Trafficking Council, Dangerous Drugs Board, and other similar agencies created by legislation or executive fiat) shall:
- Continue performing their functions in the campaign for their mandated transnational crimes.
- Work closely with the SETC to harmonize and integrate all government efforts against transnational crime.
- Submit a periodic report to the President through the SETC.
- Section 3(d) provides that the Philippine Center on Transnational Crime (PCTC) shall provide technical, operational and administrative support to the SETC, and shall continue to be headed by an Executive Director, in addition to its mandated functions.
Funding and agency support
- Section 4 provides funding rules for the SETC:
- The SETC budget shall be sourced from available funds identified by the Secretary of Budget and Management.
- The Office of the SETC and the PCTC shall have their total annual appropriations for succeeding years incorporated in the budget proposal of the Office of the President.
- Section 5 authorizes the SETC to require and obtain active assistance for effective and efficient implementation from:
- All departments, agencies, and instrumentalities of the government, including government-owned or controlled corporations.
- The authority in Section 5 also covers agencies, councils or boards mentioned under Section 3(a).
Repeal and effectivity
- Section 6 provides that all orders, rules, regulations and issuances, or parts thereof, inconsistent with Executive Order No. 265 are repealed or modified accordingly.
- Section 7 provides immediate effectivity for Executive Order No. 265.