Title
EO 492: Maritime Aerial Reconnaissance Program
Law
Executive Order No. 492
Decision Date
Jan 17, 2006
To address national security concerns, Executive Order No. 492 establishes the Maritime Aerial Reconnaissance and Surveillance (MARS) Program, enhancing technological capabilities and promoting collaboration between military and civilian agencies in the Philippines. The program aims to gather real-time video recording and information for decision-making, interdict illegal activities, and establish a National Maritime Aerial Reconnaissance and Surveillance Center (NMARSC) as the focal point for national reconnaissance and surveillance activities.

Policy and strategic purpose

  • The issuance requires a collaborative planning environment to enhance security cooperation between military and civilian agencies in areas such as protection of the Exclusive Economic Zone, counter terrorism, internal security, developmental support, and disaster assistance.
  • It directs government to increase the technological capabilities of the national security establishment and to enhance the country’s ability to protect territories, critical infrastructure, and natural resources.
  • It addresses the lack of reconnaissance and surveillance systems that has hampered successful interaction and cooperation between military and civilian resources in operational areas.
  • It recognizes that neighboring countries employ aerial reconnaissance and surveillance programs using cost-effective unmanned aerial vehicle systems to provide fast alternative access to near real-time information for national security decision-making.

ONSA authority to oversee and supervise

  • Section 1 grants the Office of the National Security Adviser (ONSA) principal authority to oversee and supervise the implementation of a program to build up, integrate, and employ reconnaissance and surveillance capabilities of civilian agencies and armed services.
  • The National Security Adviser (NSA) serves as the principal adviser on national security matters and also serves as principal adviser on national reconnaissance and surveillance activities.
  • The NSA must undertake measures to coordinate inter-agency requirements and supervise acquisition of reconnaissance and surveillance equipment, including unmanned aerial vehicles (UAVs).
  • The NSA is authorized to coordinate the securing of necessary funds to acquire required facilities and equipment.

Creation and scope of MARS program

  • Section 2 establishes the Maritime Aerial Reconnaissance and Surveillance (MARS) Program.
  • The MARS Program must be capable of reconnaissance and surveillance over the maritime zone and terrestrial/land area.
  • The Program is intended to enhance the national capability to gather near real-time video recording and information for decision-making needs.
  • The Program must use modern reconnaissance and surveillance systems to provide law enforcement personnel and ground operators with near real-time high accuracy, sustainable capability for reconnaissance and surveillance, and dominant situational awareness to enable swift and effective interdiction when illegal activity occurs.

NICA as technical operator and NMARSC

  • Section 3 designates the National Intelligence Coordinating Agency (NICA) as the technical operator of the MARS system.
  • NICA is authorized to procure UAVs or enter into lease agreements governing UAVs.
  • NICA must establish the National Maritime Aerial Reconnaissance and Surveillance Center (NMARSC) as the focal point for national reconnaissance and surveillance activities and operations.
  • The NMARSC must be headed by an Executive Director and institutionalized as a multi-agency body providing overall coordination in national reconnaissance and surveillance operations and the utilization of required facilities.
  • NICA is authorized to request secondment of personnel from other government agencies to the NMARSC.
  • NMARSC remains under the supervision and control of ONSA.

Joint use implementation and planning

  • Section 4 requires the MARS Program to be implemented and sustained through joint use so that government can acquire and pay for the cost of aerial reconnaissance and surveillance facilities and equipment and allocate costs among beneficiary agencies that will have actual use.
  • The ONSA must oversee the formulation of terms of reference for the joint use of UAV systems and other aerial surveillance equipment.
  • The NSA is authorized to pursue a memorandum of understanding among beneficiary agencies involved in the joint use program.
  • The NSA must ensure efficient utilization of the UAV system through a Utilization Plan prepared in coordination with beneficiary agencies.

Beneficiary agencies and directed participation

  • Section 5 initially identifies the following as beneficiary agencies with a need for, and entitlement to, direct benefits from aerial reconnaissance and surveillance systems:
    • Department of Transportation and Communication (DOTC) and Philippine Coast Guard (PCG)
    • Department of Finance (DOF) and Bureau of Customs (BOC)
    • Department of Interior and Local Government (DILG) and Philippine National Police (PNP)
    • Department of National Defense (DND), Office of Civil Defense (OCD), and Armed Forces of the Philippines (AFP)
    • Department of Environment and Natural Resources (DENR), Forest Management Bureau (FMB), and National Mapping Resources Information Authority (NAMRIA)
    • Department of Agriculture (DA) and Bureau of Fisheries and Aquatic Resources (BFAR)
    • Department of Energy (DOE)
    • Department of Public Works and Highways (DPWH)
    • Department of Tourism (DOT)
    • Department of Trade and Industry (DTI)
    • National Intelligence Coordinating Agency (NICA)
  • Beneficiary agencies are directed to participate, pay for actual use, and include in their annual budget programming the planning, operationalization, and maintenance of facilities under the MARS Program.
  • The ONSA must facilitate the creation of technical working groups with representatives from beneficiary agencies to address tasks and joint use issues required by the MARS Program.

Shared costs for actual use

  • Section 6 requires beneficiary agencies to shoulder:
    • the costs of their actual use of UAV systems; and
    • their proportionate share in maintenance costs for their utilization.
  • Costs for projected use must be indicated in annual department budgets for inclusion in the General Appropriations Act of the year following the effectivity of the Executive Order.

Funding for NMARSC activation

  • Section 9 directs the Department of Budget and Management to release to the NICA an initial funding of Five Million Pesos (5,000,000) from available funds from the President’s Contingency Fund.
  • The initial funding must support:
    • activation of the NMARSC; and
    • program management and specialized training costs.

Repeal, separability, and continuing validity

  • Section 7 provides that all executive issuances, orders, rules and regulations, or parts thereof, that are inconsistent with Executive Order No. 492 are repealed, amended, and/or modified accordingly.
  • Section 8 provides that if any provision of the Executive Order is declared invalid or unconstitutional, the remaining provisions continue to remain valid and subsisting.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.