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(NAR) VOL. 19 NO. 1 / JANUARY - MARCH 2008
[ ADMINISTRATIVE ORDER NO. 212, November 27, 2007 ]
CREATING THE PRESIDENTIAL ANTI-COLORUM/KOTONG TASK FORCE (PACKTAF)
WHEREAS, Sec. 12, Art. X!l of the Constitution provides that for the operation of public utilities a franchise or certificate is necessary.
WHEREAS, under Sec. 15, Commonwealth Act 146 the operation of public utility vehicles without a certificate of public convenience or a certificate of convenience and public necessity is contrary to law,
WHEREAS, the economic benefits of the legitimate operators of public utility vehicles are prejudiced by colorum operators and by people protecting such illegal activity.
WHEREAS, the safety of the riding public is of paramount interest of the government and colorum public utility vehicles evade safety inspections, inspection for antismoke-belching and good-repair standards set by the government.
WHEREAS, there is a rise in the incidents of extortion or"kotong" perpetrated against drivers or operators of public utility vehicles.
WHEREAS, extortions has a pernicious effect to the livelihood of transport groups and must be eliminated.
WHEREAS, the extortion or mulcting is a form of robbery as defined in Art. 293 and 294 of the Revised Pena! Code and therefore punishable.
WHEREAS, enhanced coordination between and among agencies will lead to improve effectiveness and efficiency in the government's efforts to eradicate extortion and the operation of colorum public utility vehicles.
WHEREAS, there is a need for a coordinating body attached directly under the Office of the President that will pro-actively and exhaustively conduct coordinative efforts nationwide to solve the problem extortion and or coforum public utility vehicles plying the streets.
WHEREAS, there is an urgent need for a sustained, relentless and dedicated campaign to address the problem of extortion and proliferation of colorum public utility vehicles.
WHEREAS, Section 31, Chapter 10, Title III, Book III of the Administrative Code of 1987 provides the President with continuing authority to organize the Office of the President.
WHEREAS, Article VII, Section 17 of the Constitution provides that the President shall have control of all executive departments, bureaus, and offices;
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution and the laws, do hereby order:
SECTION 1. Creation - ThePRESIDENTIALANTI-COLORUM/ANTI-KOTONGTASK FORCE (PACKTAF) is hereby created under the Office of the President, pursuant to Article VII, Section 17 of the Constitution and Section 31, Chapter 10, Title ill, Book III of the Administrative Code, to act with resolve and urgency in addressing the issue of extortion and colorum public utility vehicles.
SECTION 2. Steering Committee - There is hereby created a Steering Committee composed of the Secretary of Department of Interior and Local Government (DILG), Department of Transportation and Communication (DOTC), Department of Justice (DOJ), Department of Energy (DOE) and the Department of National Defense (DND).
SECTION 3. Functions of the Steering Committee - The Steering Committee shall provide policy direction and oversight to PACKTAF. It shall be headed by the DOE Secretary.
SECTION 4. Task Force Head - Undersecretary Roy V. Kyamko is designated as the Task Force Head of PACKTAF, who shall be responsible for the day to day activities of the Task Force. He shall be monitoring the daily operations and reporting to the Steering Committee. He shall take appropriate measures and necessary actions to ensure compliance with the law, the Administrative Order and the policies formulated by the Steering Committee.
SECTION 5. Composition - The Task Force shall also be composed of representatives of the following government departments/agencies and transport groups as members;
The accredited transport groups shall name two (2) representatives to join PACKTAF . as volunteer consultants.
That twenty (20) of these personnel shall be hired as contractual employees whose salaries shall be sourced from supplemental funds while the remaining twenty five (25) personnel will be provided by the concerned agencies, to fill up the manning requirements of the task force.
That an active PNP Senior Officer shall be designated as the Deputy Head of the task force to be appointed by the President.
SECTION 7. Operations Center - The operations center of the Task Force shall be based in the Department of Energy.
SECTION 8. Powers/Functions of the Task Force (PACKTAF) -
a. Direct the conduct of operations and if found to have probable cause shall effect the immediate arrest and investigation of a person or group believed to be involved in mulcting or extortion activities or operating colorum vehicles;
b. Conduct intelligence and counter-intelligence operations to identify suspects or groups involved in kotong and operation of colorum vehicles;
c. Request from the DOJ to provide prosecutors or refer the case/s at hand, as the PACKTAF may deem proper and necessary, to the Department of Justice and other investigative bodies for proper disposition of the case;
d. Monitor and follow-up the progress of on-going investigation and prosecution of cases of which the PACKTAF has taken cognizance;
e. Call upon the DND, should the need arise, to provide personnel during actual operation;
f. Require DOTC to provide impounding areas for confiscated vehicles;
g. Develop public awareness and information campaigns, in partnership with local govern ment units and civic organizations, to encourage public participation in the government s anti-colorum anti-kotong drive;
h. The PACKTAF may undertake studies, on its own or in cooperation with the PNP, other govemment agencies or non-governmental organizations, and transport groups on new measures to prevent and eliminate the operation of colorum public utility vehicles and extortion activities and relay its findings directly to the President.
i. The PACKTAF shall pro-actively and exhaustively conduct daily coordinative efforts nationwide on aspects relative to anti-colorum measures, anti-kotong prevention endeavors and apprehension of operators, protectors of the illegal operation of colorum vehicles and those who ask for "kotong." The PACKTAF shall report directly to the President all investigations and provide top level liaison to transport groups.
j. Perform such other powers and functions as may be necessary for the effective discharge of its mandate as may be assigned by the President.
SECTION 9. Support - The various departments, bureaus, offices, agencies and instrumentalities are hereby directed to extend assistance and cooperation to the Task Force in accomplishing its mandate.
SECTION 10. Coordinating Instructions - Nothing in this Administrative Order shall be construed as a derogation of the PNP's role as the primary general law enforcement agency of the country pursuant to Republic Act 6975 and Republic Act No. 8551.
SECTION 11. Budget -The amount of Thirty Million (P30,000,000) pesos is hereby appropriated as its initial fund. The fund shall be taken from any of the corporations supervised by the Department of Energy (DOE).
SECTION 12. Repeal - All other issuances, rules and regulations, or parts thereof, inconsistent with this Administrative Order are hereby repealed or modified accordingly.
SECTION 13. Effectivity - This Administrative Order shall take effect immediately upon approval.
Adopted: 27 Nov. 2007
(SGD.) GLORIA MACAPAGAL-ARROYO
BY THE PRESIDENT:
(SGD.) EDUARDO R. ERMITA
Executive Secretary
WHEREAS, under Sec. 15, Commonwealth Act 146 the operation of public utility vehicles without a certificate of public convenience or a certificate of convenience and public necessity is contrary to law,
WHEREAS, the economic benefits of the legitimate operators of public utility vehicles are prejudiced by colorum operators and by people protecting such illegal activity.
WHEREAS, the safety of the riding public is of paramount interest of the government and colorum public utility vehicles evade safety inspections, inspection for antismoke-belching and good-repair standards set by the government.
WHEREAS, there is a rise in the incidents of extortion or"kotong" perpetrated against drivers or operators of public utility vehicles.
WHEREAS, extortions has a pernicious effect to the livelihood of transport groups and must be eliminated.
WHEREAS, the extortion or mulcting is a form of robbery as defined in Art. 293 and 294 of the Revised Pena! Code and therefore punishable.
WHEREAS, enhanced coordination between and among agencies will lead to improve effectiveness and efficiency in the government's efforts to eradicate extortion and the operation of colorum public utility vehicles.
WHEREAS, there is a need for a coordinating body attached directly under the Office of the President that will pro-actively and exhaustively conduct coordinative efforts nationwide to solve the problem extortion and or coforum public utility vehicles plying the streets.
WHEREAS, there is an urgent need for a sustained, relentless and dedicated campaign to address the problem of extortion and proliferation of colorum public utility vehicles.
WHEREAS, Section 31, Chapter 10, Title III, Book III of the Administrative Code of 1987 provides the President with continuing authority to organize the Office of the President.
WHEREAS, Article VII, Section 17 of the Constitution provides that the President shall have control of all executive departments, bureaus, and offices;
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution and the laws, do hereby order:
SECTION 1. Creation - ThePRESIDENTIALANTI-COLORUM/ANTI-KOTONGTASK FORCE (PACKTAF) is hereby created under the Office of the President, pursuant to Article VII, Section 17 of the Constitution and Section 31, Chapter 10, Title ill, Book III of the Administrative Code, to act with resolve and urgency in addressing the issue of extortion and colorum public utility vehicles.
SECTION 2. Steering Committee - There is hereby created a Steering Committee composed of the Secretary of Department of Interior and Local Government (DILG), Department of Transportation and Communication (DOTC), Department of Justice (DOJ), Department of Energy (DOE) and the Department of National Defense (DND).
SECTION 3. Functions of the Steering Committee - The Steering Committee shall provide policy direction and oversight to PACKTAF. It shall be headed by the DOE Secretary.
SECTION 4. Task Force Head - Undersecretary Roy V. Kyamko is designated as the Task Force Head of PACKTAF, who shall be responsible for the day to day activities of the Task Force. He shall be monitoring the daily operations and reporting to the Steering Committee. He shall take appropriate measures and necessary actions to ensure compliance with the law, the Administrative Order and the policies formulated by the Steering Committee.
SECTION 5. Composition - The Task Force shall also be composed of representatives of the following government departments/agencies and transport groups as members;
a. Department of Interior and Local GovernmentSECTION 6. Personnel - The Task Force shall have a maximum total manpower of forty five (45) personnel, composed of fourteen (14) Officers and thirty one (31) Non-commissioned officers and civilian employees; the organizational structure and staffing shall be determined by the Task Force Head subject to the approval of the majority of the Steering Committee. Any changes in the organizational structure shall not take effect unless ratified by a majority of the Steering Committee.
b. Department of Transportation and Communication
c. Department of Justice
d. Department of Energy
e. Department of National Defense
f. Accredited Transport Sector;
The accredited transport groups shall name two (2) representatives to join PACKTAF . as volunteer consultants.
That twenty (20) of these personnel shall be hired as contractual employees whose salaries shall be sourced from supplemental funds while the remaining twenty five (25) personnel will be provided by the concerned agencies, to fill up the manning requirements of the task force.
That an active PNP Senior Officer shall be designated as the Deputy Head of the task force to be appointed by the President.
SECTION 7. Operations Center - The operations center of the Task Force shall be based in the Department of Energy.
SECTION 8. Powers/Functions of the Task Force (PACKTAF) -
a. Direct the conduct of operations and if found to have probable cause shall effect the immediate arrest and investigation of a person or group believed to be involved in mulcting or extortion activities or operating colorum vehicles;
b. Conduct intelligence and counter-intelligence operations to identify suspects or groups involved in kotong and operation of colorum vehicles;
c. Request from the DOJ to provide prosecutors or refer the case/s at hand, as the PACKTAF may deem proper and necessary, to the Department of Justice and other investigative bodies for proper disposition of the case;
d. Monitor and follow-up the progress of on-going investigation and prosecution of cases of which the PACKTAF has taken cognizance;
e. Call upon the DND, should the need arise, to provide personnel during actual operation;
f. Require DOTC to provide impounding areas for confiscated vehicles;
g. Develop public awareness and information campaigns, in partnership with local govern ment units and civic organizations, to encourage public participation in the government s anti-colorum anti-kotong drive;
h. The PACKTAF may undertake studies, on its own or in cooperation with the PNP, other govemment agencies or non-governmental organizations, and transport groups on new measures to prevent and eliminate the operation of colorum public utility vehicles and extortion activities and relay its findings directly to the President.
i. The PACKTAF shall pro-actively and exhaustively conduct daily coordinative efforts nationwide on aspects relative to anti-colorum measures, anti-kotong prevention endeavors and apprehension of operators, protectors of the illegal operation of colorum vehicles and those who ask for "kotong." The PACKTAF shall report directly to the President all investigations and provide top level liaison to transport groups.
j. Perform such other powers and functions as may be necessary for the effective discharge of its mandate as may be assigned by the President.
SECTION 9. Support - The various departments, bureaus, offices, agencies and instrumentalities are hereby directed to extend assistance and cooperation to the Task Force in accomplishing its mandate.
SECTION 10. Coordinating Instructions - Nothing in this Administrative Order shall be construed as a derogation of the PNP's role as the primary general law enforcement agency of the country pursuant to Republic Act 6975 and Republic Act No. 8551.
SECTION 11. Budget -The amount of Thirty Million (P30,000,000) pesos is hereby appropriated as its initial fund. The fund shall be taken from any of the corporations supervised by the Department of Energy (DOE).
SECTION 12. Repeal - All other issuances, rules and regulations, or parts thereof, inconsistent with this Administrative Order are hereby repealed or modified accordingly.
SECTION 13. Effectivity - This Administrative Order shall take effect immediately upon approval.
Adopted: 27 Nov. 2007
BY THE PRESIDENT:
(SGD.) EDUARDO R. ERMITA
Executive Secretary