Title
Reorganizing the Peace and Order Council
Law
Executive Order No. 739
Decision Date
Aug 19, 2008
Executive Order No. 739 reorganizes the Peace and Order Council in the Philippines to address the threat of Communist rebels and establish a coordinated approach to maintaining peace and order, with the establishment of the National Peace and Order Council (NPOC) and its sub-national counterparts, as well as administrative support and coordination offices.
A

Legal basis and declared intent

  • The President issues the order by virtue of the powers vested in her by the Constitution and the laws.
  • The stated basis for reorganization is that communist rebels have operated as a continuing threat and have impeded rural progress and development.
  • The order directs focus toward disruption of violations of human rights committed by communist rebels.
  • The order emphasizes internal security operations (ISO) convergence among civil authorities and agencies, military and police.
  • The order adopts livelihood and infrastructure development programs for remote rural and indigenous population areas to isolate communities from communist rebels’ “Agitate/Arouse, Organize and Mobilize” ideological and organizational works.

Composition: national Peace and Order Council

  • The National Peace and Order Council (NPOC) is reorganized with the same composition as the National Security Council (NSC) except for the chairmanship.
  • Section 1(a) provides that the Chair of the NSC is the President of the Philippines, while the Chair of the NPOC is the Secretary of Interior and Local Government (SILG).
  • The members of both councils include the following:
    • SILG
    • Director-General of the National Security Council
    • Executive Secretary
    • Secretary of Foreign Affairs
    • Secretary of National Defense (SND)
    • Secretary of Justice
    • Press Secretary
    • Chairman of the Dangerous Drugs Board
    • Presidential Adviser on the Peace Process
    • Director-General, Presidential Management Staff
    • Director-General, Philippine Information Agency
    • Chairperson of the Presidential Anti-Graft Commission
    • Chief of Staff of the Armed Forces of the Philippines (CSAFP)
    • Chief of the Philippine National Police (PNP)
    • Director of the National Bureau of Investigation
    • Three (3) representatives from the private sector, appointed by the President of the Philippines

Composition: regional Peace and Order Council

  • The Regional Peace and Order Council (RPOC) is composed of:
    • The region’s Provincial Governors
    • The Mayors of the Highly Urbanized Cities
    • The Presidents of the Leagues of Municipalities
    • The region’s counterparts of departments, offices, and agencies enumerated in Section 1(a), wherever applicable
  • Section 1(b) provides that the Chairman and Vice-Chairman of the RPOC are appointed by the SILG, with the approval of the President of the Philippines, from among council members.
  • Section 1(b) provides that the RPOC includes one representative of the Mayors of the Component Cities, chosen from among themselves.
  • The Chairman of the RPOC appoints the three (3) private sector representatives, upon consultation with council members and with the approval of the SILG.
  • Departments, offices and agencies with no regional and/or field offices do not sit in the RPOC.

Composition: provincial, city, and municipal councils

  • The Provincial Peace and Order Council (PPOC) is composed of the provincial counterparts of departments, offices, and agencies enumerated in Section 1(a), wherever applicable.

  • Section 1(c) designates the Provincial Governor as Chairman and the Vice Governor as Vice Chairman of the PPOC.

  • The PPOC includes one representative of the Sangguniang Lalawigan, chosen by the PPOC from among its members.

  • The Chairman of the PPOC appoints the three (3) private sector representatives upon consultation with council members and with the approval of the Commander of the Infantry Division and the Regional Director of the PNP.

  • The provincial counterpart of the CSAFP is the Brigade Commander, except that in Palawan it is the Commander of the Western Command.

  • Departments, offices and agencies with no provincial and/or field offices do not sit in the PPOC.

  • The City or Municipal Peace and Order Council is either the CPOC or MPOC.

  • Section 1(d) provides that the Mayor is Chairman and the Vice Mayor is Vice Chairman of the CPOC/MPOC.

  • The CPOC/MPOC includes one representative of the Sangguniang Panlungsod or Sangguniang Bayan (as applicable), chosen by the Sanggunian from among its members.

  • The Chairman of the CPOC/MPOC appoints the three (3) private sector representatives upon consultation with council members and with the approval of the Brigade Commander (or, in Palawan, the Commander of the Western Command) and the Regional Director of the PNP.

  • Departments, offices and agencies with no city, municipal, and/or field offices do not sit in the CPOC/MPOC.

Functions: NPOC and sub-national councils

  • The NPOC is responsible to:

    • Contribute to the strategies of the National Security Council to effectively respond to peace and order problems (Section 2(a))
    • Coordinate and monitor peace and order plans (Section 2(b))
    • Provide a forum for inter-disciplinary dialogue and deliberation of major peace and order issues (Section 2(c))
    • Perform other duties and functions the President may direct (Section 2(d))
  • The RPOCs, PPOCs, CPOCs, and MPOCs must perform the following duties and functions:

    • Provide a forum for dialogue and deliberation of major peace and order issues and problems, including insurgency (Section 3(a))
    • Recommend measures to improve or enhance peace and order and public safety, including anti-insurgency measures (Section 3(b))
    • Initiate and/or oversee convergence and orchestration of internal security operations of civil authorities and agencies, military and police (Section 3(c))
    • Apply moral suasion to and/or recommend sanctions against local chief executives giving material and political support to communist rebels (Section 3(d))
    • Monitor livelihood and infrastructure development programs and projects in remote rural and indigenous population areas adopted to isolate them from communist rebels’ “Agitate/Arouse, Organize and Mobilize” and ideological, political and organization works (Section 3(e))
    • Perform all other functions assigned by law, the President, or the NPOC (Section 3(f))
  • Civilian Volunteer Organizations (CVOs) are managed and supervised by the respective Regional, Provincial, City or Municipal Director of the PNP (Section 3, last paragraph).

Council Secretariat and regional ISO office

  • A Peace and Order Council Secretariat exists to handle administrative and technical activities of the Peace and Order Council at various administrative levels.

  • Section 4 provides that the Secretariat undertakes liaising and coordination with appropriate government agencies.

  • The SILG acts as the Secretary-General of the RPOC.

  • The Regional Director of the Department of Interior and Local Government (DILG) heads the RPOC Secretariat.

  • At the provincial, city, and municipal levels, the Secretariat of the PPOC, CPOC, and MPOC is headed by the most senior DILG officer stationed in the province, city, or municipality.

  • Each level’s Secretariat is assisted by the regular staff of the Council Chairman.

  • Section 5 creates a Regional ISO Convergence Office in each region under the RPOC.

  • The Regional ISO Convergence Office focuses on convergence and orchestration of internal security operations (ISO) of civil authorities and agencies, military and police.

  • The Infantry Division Commander acts as Executive Officer of the Regional ISO Convergence Office.

  • The Infantry Division Commander is assisted by the Presidential Assistant for the Region.

Kalayaan Barangay list amendments and repealing clause

  • The Kalayaan Barangay list drawn up by the Department of Defense may be amended.
  • Amendments require the approval of the Unified Area Commander and must conform with the need to provide livelihood and infrastructure development programs and projects for relevant remote rural and indigenous population areas adopted to isolate them from communist rebels’ “Agitate/Arouse, Organize and Mobilize” ideological, political and organization works (Section 6).
  • Section 7 provides that all prior issuances on the organization and functions of the Peace and Order Council inconsistent with the order are superseded.
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