MALACAŅANG PALACE

MANILA

BY THE PRESIDENT OF THE PHILIPPINES

EXECUTIVE ORDER NO. 248

CREATING THE OFFICE OF THE ANTI-KIDNAPPING PRESIDENTIAL ADVISER

WHEREAS, in undertaking the government’s renewed campaign against kidnapping, an effective and comprehensive approach is necessary through the mobilization of the entire government machinery for unified effort against terrorist groups and lawless elements involved in kidnapping activities.

WHEREAS, to maximize the capability of law enforcement agencies and optimize the utilization of government resources in its campaign against kidnapping, a Cabinet-level Presidential Adviser must orchestrate and oversee a consolidated anti-kidnapping campaign;

WHEREAS, under Section 31, Chapter 10, Title III, Book III of the Administrative Code of 1987, the President has the continuing authority to reorganize the administrative structure of the Office of the President.

NOW, THEREFORE I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1. Creation – There is hereby created the Office of the Anti-Kidnapping Presidential Adviser ("Adviser") attached to the Presidential Anti-Organized Crime Commission. Its principal mission shall be to ensure that there is a national campaign against kidnapping wherein all involved law enforcement and counteraction agencies are operating as part of an integrated and coordinated pro-active effort. The Presidential Adviser shall formulate policies, develop strategies, and execute programs of action for a consolidated effort to preempt, prevent and suppress kidnapping, arrest kidnappers and their accessories and cause their speedy prosecution. Secretary Angelo Reyes is hereby appointed Adviser.

SECTION 2. Oversight Committee – There is hereby created an Oversight Committee to ensure the execution by active participation of the involved law enforcement and counteraction agencies of the anti-kidnapping action programs.

The Oversight Committee shall be composed of the following:

Secretary Angelo Reyes - Chairman

Secretary of Interior and Local Government - Member

Secretary of National Defense - Member

Secretary of Justice - Member

Secretary of Transportation and Communication - Member

Four (4) representatives from the private sectors shall be appointed by the President as members of the Oversight Committee.

SECTION 3. Functions. – In pursuance of the government’s firm resolve in applying the full force of the law against kidnappers, the Adviser is mandated to discharge the following functions:

    1. Formulate strategies and plans for a coordinated and integrated implementation of measures aimed at preventing, preempting and suppressing kidnapping activities;
    2. Establish a mechanism for an interactive and coordinative mode of operations to ensure operational effectiveness with utmost economy and efficiency;
    3. Exercise operational supervision over all existing anti-kidnapping units and task forces, jointly with the Secretaries of the Departments to which the units and task forces organically belong. For this purpose, "operational supervision" shall refer to the power to direct, superintend, and oversee the day-to-day investigation of kidnapping cases and activities to prevent kidnapping;
    4. Select personnel from participating law-enforcement agencies for assignment to task forces and special groups;
    5. Direct the conduct of anti-kidnapping operations, utilizing all available government instrumentalities, to arrest kidnappers including their coddlers and accessories:
    6. Cause or direct the immediate investigation and speedy prosecution of cases involving kidnapping and monitor the progress of such cases;
    7. Grant monetary rewards and incentives to informants who are willing to give vital and material information for building up cases for the prosecution of kidnap suspects;
    8. Develop public awareness and information campaigns, in partnership with local government units and civic organizations, to encourage public participation in the government’s anti-kidnapping efforts;
    9. Recommend the issuance of appropriate policies and/or the legislation of laws that would hasten the arrest and prosecution of kidnappers and their accessories;
    10. Recommend the admission of vital witnesses into the Witness Protection Security Benefit Program administered by the Department of Justice;
    11. Recommend to the DOJ, in proper cases, the issuance of subpoena ad testicandum and subpoena duces tecum; and
    12. Perform such other powers and functions as may be necessary for the effective discharge of its mandate in accordance with the law or as may be assigned by the President.

SECTION 4. Staff Support – The Adviser shall receive staff support from the Presidential Anti-Organized Crime Commission. The support staff shall be headed by a Director and be composed of such other personnel who shall be appointed by the President Anti-Kidnapping Adviser.

SECTION 5. Operations Center and Task Forces – The Adviser shall organize subordinate offices and appoint personnel as may be deemed necessary to carry out his mandate. He shall organize staff and line offices such as, but not limited to, the following:

    1. Operations Center shall be responsible for overseeing the day-today operations of the Office.
    2. Line units such as, but not limited to, task forces working groups and special project groups. For this purpose, the Adviser may be detailed with personnel selected from, but not limited to, the DILG, DOJ, DND, DOTC, NTC,PNP, AFP, NBI, and NPS. Whenever necessitated by special circumstances, and for the duration thereof, the Adviser may direct such government agencies or instrumentalities to provide intelligence, investigation, technical, prosecution and such other support as specified by the Adviser.

SECTION 6. Assistance and Cooperation – In addition to the above-stated government agencies, all other government agencies are hereby directed to actively cooperate with and promptly contribute to the anti-kidnapping campaign to be implemented by the Adviser. For the purpose, the Adviser may call upon the heads of such government agencies for such assistance as may, from time to time, be necessary.

SECTION 7. Implementation. – This Executive Order is deemed self-implementing. There is no need to promulgate additional Rules and Regulations to commence implementation.

SECTION 8. Funding. – Funds for the operations of the Commission shall be sourced from such as may recommended by the Department of Budget and Management.

SECTION 9. Repeal – All orders, rules, regulations and issuances, or parts thereof, which are inconsistent with this Executive order are hereby repealed or modified accordingly.

SECTION 10. Effectivity – This Executive Order shall take effect immediately.

City of Manila, October 26, 2003.

 

GLORIA MACAPAGAL-ARROYO

By the President:

Sgd: ALBERTO G. ROMULO

Executive Secretary

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