BY THE PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER NO. 62
CREATING THE PHILIPPINE CENTER ON TRANSNATIONAL CRIME TO FORMULATE AND IMPLEMENT A CONCERTED PROGRAM OF ACTION OF ALL LAW ENFORCEMENT, INTELLIGENCE AND OTHER AGENCIES FOR THE PREVENTION AND CONTROL OF TRANSNATIONAL CRIME
WHEREAS, organized transnational crime, such as illicit trafficking of narcotic drugs and psychotropic substances, money laundering, terrorism, arms smuggling, trafficking in persons, and piracy, have created a significant impact on the political, economic and socio-cultural stability and security of the country;
WHEREAS, the mission, functions and responsibilities of government agencies such as the National Action Committee on Anti-Hijacking and Anti-Terrorism (NACAHT), Presidential Anti-Organized Crime Task Force (PAOCTF), Presidential Anti-Smuggling Task Force (PASTF), Philippine National Police (PNP), Armed Forces of the Philippines (AFP), National Bureau of Investigation (NBI), National Police Commission (NAPOLCOM), Department of the Interior and Local Government (DILG), Department of Justice (DOJ), Department of Finance (DOF), National Intelligence Coordinating Agency (NICA), Department of Transportation and Communication (DOTC), Dangerous Drugs Board (DDB), Bureau of Customs (BOC), Bureau of Immigration (BI), Economic Intelligence and Investigation Bureau (EIIB), and other concerned offices need to be linked, coordinated and complemented to effectively combat transnational crime;
WHEREAS, the growing sophistication of transnational crime demands a concerted, synchronized and focused effort from all law enforcement, intelligence and other concerned agencies of the government;
WHEREAS, the establishment of a presidential body is necessary to concretize cooperation, concerted operations and data resource sharing between and among local agencies and with foreign countries and international organizations involved in the crusade against said menace;
WHEREAS, the Administrative Code of 1987 empowers the President with the continuing authority to reorganize the Office of the President and to transfer functions from one department or agency to another;
NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:
SECTION 1. ORGANIZATION. The Philippine Center on Transnational Crime (PCTC) is hereby created under the Office of the President to formulate and implement a concerted program of action of all law enforcement, intelligence and other government agencies for the prevention and control of transnational crime. It shall be placed under the general supervision and control of the National Police Commission.
SECTION 2. COMPOSITION AND LEADERSHIP. The Center shall be headed by the Executive Director to be appointed by the President and shall have the following Directorates:
Directorate for Operations;
2. Directorate for Plans and Programs;
3. Directorate for Research;
4. Directorate for Technology Management;
5. Directorate for Administration and Finance; and
6. Other Directorates that may be created as the situation demands.
SECTION 3. POWERS AND FUNCTIONS. The Center shall have the following powers and functions:
1 To establish, through the use of modern information and telecommunications technology, a shared central database among government agencies for information on criminals, methodologies, arrests and convictions on the following transnational crime:
1.a illicit trafficking of narcotic drugs and psychotropic substances;
1.b money laundering;
1.d arms smuggling;
1.e trafficking in persons;
1.f piracy; and
1.g other crimes that have an impact on the stability and security of the country;
2. To supervise and control conduct of anti-transnational crime operations of all government agencies and instrumentalities;
3. To establish a central database on national as well as international legislation and jurisprudence on transnational crime, with the end in view of recommending measures to strengthen responses and provide immediate intervention for the prevention, detection and apprehension of criminals operating in the country;
4. To establish a center for strategic research on the structure and dynamics of transnational organized crime in all its forms, predict trends and analyze relationships of given factors for the formulation of individual and collective strategies for the prevention and detection of transnational organized crime and for the apprehension of criminal elements involved;
5. To design programmes and projects aimed at enhancing national capacity-building in combating transnational crime, as well as supporting the related programmes and projects of other ASEAN and international centers;
6. To explore and coordinate information exchanges and training with other government agencies, foreign countries and international organizations involved in the combat against transnational crime;
7. To select personnel from within the NAPOLCOM, PNP and other government agencies for detail with the PCTC;
8. To enlist the assistance of any department, bureau, office, agency or instrumentality of the government, including government-owned or controlled corporations, to carry out its functions, including the use of their respective personnel, facilities and resources; and
9. To perform such functions and carry out such activities as may be directed by the President.
SECTION 4. OFFENSES COVERED. The PCTC shall have the authority to take cognizance of the following transnational crimes:
a. illicit trafficking of narcotic drugs and psychotropic substances;
b. money laundering;
d. arms smuggling;
e. trafficking in persons;
f. piracy; and
g. other crimes that have an impact on the stability and security of the country
SECTION 5. ASSISTANCE FROM GOVERNMENT AGENCIES. The PCTC shall be assisted by the following government agencies and instrumentalities:
a. Philippine National Police (PNP);
b. National Bureau of Investigation (NBI);
c. National Action Committee on Anti-Hijacking and Anti-Terrorism (NACAHT);
d. Presidential Anti-Organized Crime Task Force (PAOCTF);
e. Presidential Anti-Smuggling Task Force (PASTF);
f. National Police Commission (NAPOLCOM);
g. Department of the Interior and Local Government (DILG);
h. Department of Justice (DOJ);
Department of Finance (DOF);
Department of Transportation and Communication (DOTC);
k. Dangerous Drugs Board (DDB);
National Prosecution Service (NPS);
m. Bureau of Immigration and Deportation (BID);
n. Bureau of Internal Revenue (BIR);
o. Economic Intelligence and Investigation Bureau (EIIB);
p. Bureau of Customs (BOC);
q. National Intelligence Coordinating Agency (NICA);
r. Armed Forces of the Philippines (AFP);
s. Land Transportation Office (LTO);
t. National Telecommunications Commission (NTC);
u. National Statistics and Census Office (NSCO); and
v. Other government agencies which the PCTC may find necessary to implement its mandate.
SECTION 6. COMMAND AND CONTROL. The command and control of the PCTC shall be as follows:
a. The PCTC Executive Director shall report and be responsible to the President through the Secretary of Interior and Local Government;
b. The PCTC Executive Director shall have immediate supervision and control over all units of the PCTC. He is authorized to designate duties and functions of all units and personnel of the PCTC;
c. The PCTC Executive Director shall have direct operational and supervisory authority over personnel and resources detailed with the PCTC from government agencies concerned.
SECTION 7. OPERATING GUIDELINES. The PCTC shall adopt, in coordination with other concerned agencies, such operating guidelines as may be necessary to implement this Executive Order, subject to the approval of the President. It shall submit to the President reports of its activities with appropriate recommendations for the information and consideration of the President.
SECTION 8. COORDINATING INSTRUCTIONS. The intent of this issuance is to put strong and intensified focus against organized transnational crime which will be addressed by the PCTC in the course of the government’s anti-crime campaign, while the Philippine National Police (PNP) shall continue to be the primary general law enforcement agency of the country pursuant to Republic Act No. 6975, as amended. Accordingly, close coordination and cooperation shall be undertaken by the Executive Director of PCTC, the Chief, PNP and the heads of other concerned government agencies, to insure synergy in the overall anti-transnational crime campaign. Vertical and lateral coordination among operating units, consistent with the security need to prevent compromise in police operations, is hereby enjoined.
SECTION 9. FUNDING. Subject to government accounting and auditing procedures, the PCTC shall be provided with an initial annual allocation of ONE HUNDRED MILLION PESOS (P100,000,000.00) for CY 1999, to be drawn from the President’s Contingency Fund and from government savings. Appropriations for the succeeding years shall be incorporated in the budget proposal of the Office of the President.
SECTION 10. EFFECTIVITY. This Executive Order shall take effect immediately.
DONE in the City of Manila, this 15th day of JANUARY in the year of Our Lord, Nineteen Hundred and Ninety-Nine.
(Sgd.) JOSEPH EJERCITO ESTRADA
President of the Philippines
By the President:
(Sgd.) ROLANDO B. ZAMORA
Source: Presidential Management Staff
Office of the President of the Philippines. (1999). [Executive Order Nos. : 1 – 338]. Manila : Presidential Management Staff.